You enter the labor and delivery unit, excited to meet your new arrival. However, that excitement can quickly turn to fear when a birth injury occurs. If your child was injured and you want to file a claim, you likely have a lot of questions that need to be answered. In this guide, we’re answering the most commonly asked questions families have about filing a birth injury lawsuit in Pennsylvania.
Are All Birth Injuries Eligible for a Lawsuit?
When something goes wrong, it’s easy to assume that it’s eligible for a lawsuit. However, that’s not always the case. In order for a birth injury lawsuit to be valid, you must be able to prove negligence, specifically, that your medical provider deviated from the standard of care owed to you.
Common examples of negligence in birth injury cases include:
- Failing to recognize signs of fetal distress
- Delaying a C-section
- Failing to diagnose and treat maternal infections
- Using too much force/improperly using forceps at the time of delivery
If it can be proved that your medical provider failed to recognize signs of fetal distress or misused forceps or a vacuum and your child was injured as result, you may have a claim for compensation through a birth injury lawsuit.
How Long Do I Have to File a Birth Injury Lawsuit?
In Pennsylvania, you have two years from the date of the birth injury to file a lawsuit. However, it depends on the circumstances. For children injured, they have until their 20th birthday to file a lawsuit. For mothers who were injured, or for parents who tragically lost a child due to malpractice, the two year statute of limitations applies.
Will I Have to Go to Court?
It depends on the details of your case. Usually, most birth injury lawsuits settle, meaning you will not have to go to court. This is often because hospitals want to minimize the attention that goes along with a public trial.
However, there are situations in which taking your birth injury case to trial makes sense, such as when the settlement doesn’t accurately reflect your future medical expenses. Because each case is different, it’s crucial to hire a lawyer who can not only advise you on the best course of action, but is also willing to take your case before a judge and jury.
What Happens During the Birth Injury Lawsuit Process?
The first step in the birth injury lawsuit process isn’t actually filing a claim. Instead, it starts with an investigation to determine whether or not your case has merit. During this investigatory process, your attorney will gather medical records and other relevant evidence that supports your claim of negligence. This also includes consulting with medical experts, such as obstetricians, pediatric neurologists, and rehabilitation specialists.
If your birth injury claim is supported by evidence, then your lawyer will likely attempt to settle the case with the medical provider. If a resolution is not possible, a lawsuit will be filed and then the case proceeds to court. From there, the timeframe varies. However, many birth injuries trials take less than a month.
Similar Post: What Evidence Is Crucial in Proving a Birth Injury Case?
Will I Have to Pay?
Before moving forward with a claim, many Pennsylvania families want to know if they have to pay a fee. While it depends on the firm, most birth injury lawyers work on a contingency fee basis, meaning that they only get paid when they obtain a verdict or a settlement. Contingency fees are put in place to protect the client, shifting the financial risk to the attorney, often resulting in higher payouts for you.
If a settlement or verdict is obtained, your attorney will take a percentage of it as their fee. Again, this amount can vary based on the firm, as does whether they will cover upfront costs such as court filing fees. During your consultation, be sure to ask the firm about their fee structure, what they cover, and how much of a percentage they take. If your lawyer doesn’t win your case, you don’t pay anything.
Should I File a Claim If My Baby’s Injury Wasn’t Diagnosed Right Away?
Yes, you should file a claim even if your child’s injury wasn’t diagnosed right away. In fact, many birth injuries, including cerebral palsy or developmental delays, don’t show up for months or years. These are still valid cases, especially if new symptoms link back to delivery trauma.
Keep a journal detailing your baby’s symptoms, including any milestones missed or abnormal reflexes, as this can be used as critical evidence in your birth injury claim.
Who Can I File a Birth Injury Claim Against?
Who you can file a birth injury claim against will depend on the details of your case. However, any of the following parties may be liable in a lawsuit where negligence occurred:
- OB-GYN
- Labor and delivery nurses
- Anesthesiologists
- Midwives/doulas
- Birthing centers/hospitals
- Hospital administrative staff
- Hospital executive board
- Medical device companies
- Pharmaceutical manufacturers
For example, an OB-GYN can be held liable for failing to perform a timely C-section while a medical device company could be responsible for supplying the hospital with defective fetal monitoring strips. Likewise, a hospital administrator could bear responsibility for failing to implement known safety practices or the hospital itself for poor training and understaffing. Through the investigatory process, your attorney will determine where liability lies.
Similar Post: How Does Understaffing in Delivery Rooms Lead to Birth Injuries?
Contact Anapol Weiss if You Suspect Your Child Suffered a Birth Injury in Pennsylvania
If you suspect that your child was injured at birth, don’t wait. Call the experienced birth injury lawyers at Anapol Weiss to file a claim. We’ve helped countless families in the greater Allegheny County area, including Pittsburgh, Monroeville, and McKeesport file birth injury claims and pursue compensation.
You’re not alone. Give Anapol Weiss a call today at 866-944-0553 or fill out our online contact form to schedule a free consultation. We’re here to help you and your child get the compensation and justice you deserve.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.