Understanding Your Rights After a Birth Injury in Philadelphia

The birth of a child should be a time of celebration, but when a medical mistake happens during labor, that joy can quickly turn into a lifetime of worry. Parents spend months trusting their doctors and nurses to keep their newborns safe, yet a single error can lead to permanent challenges for a child. If your family is now facing the reality of a birth injury, you likely have more questions than answers and want to learn what your rights are. At Lowenthal & Abrams, P.C., our team has a long-standing history of advocating for families navigating the complexities of a Philadelphia birth injury claim.

Why Do Birth Injuries Happen in Philadelphia Hospitals?

Birth injuries are rarely the result of a single “accident.” In most cases, they occur because a medical professional failed to adhere to the standard of care required during the delicate window of labor and delivery.

Studies estimate that about 6 to 8 out of every 1,000 infants born in the United States experience some form of birth injury, according to medical data reported by Medscape. This highlights the critical importance of hospital accountability.

Here are some common reasons:

• Failure to Monitor Fetal Distress: If a baby is deprived of oxygen (hypoxia) and the medical team fails to perform an emergency C-section or intervene, the result can be permanent brain damage or Cerebral Palsy.
• Improper Use of Birthing Tools: If forceps or vacuum extractors are used with excessive force or applied incorrectly, they can cause skull fractures, brain bleeds, or nerve damage like Erb’s Palsy.
• Rushed Decisions and Understaffing: When a delivery room is understaffed, a doctor may rush a delivery or miss critical warning signs of a “stuck” baby (shoulder dystocia), leading to severe physical trauma.

What Are Your Legal Rights After a Birth Injury?

When a medical mistake changes your child’s life, you are protected by specific legal rights in the Commonwealth of Pennsylvania. Understanding these rights allows you to move from a position of uncertainty to one of action.

The Right to a Thorough Investigation

You have the legal right to know exactly what happened during your labor and delivery. Hospitals often provide vague explanations, calling injuries “unavoidable complications.” However, you have the right to an independent investigation to determine if the “standard of care” was breached.

The Right to Informed Consent

As a parent, you have the right to be informed of the risks associated with certain delivery methods. If a doctor used forceps or a vacuum extractor without explaining the risks to you, or if they failed to offer a C-section when it was medically indicated, your right to informed consent may have been violated.

The Right to a Life Care Plan

If your child has suffered a permanent injury, such as a brain injury or nerve damage, you have the right to seek compensation that accounts for their long-term needs. This goes beyond current medical bills and includes future care, specialized education, and ongoing therapy.

A life care plan is a detailed medical-legal document that outlines the care, support, and resources your child will need throughout their life as a result of the injury.

What Should You Do if You Suspect Your Child Was Injured After Birth?

If your child is missing milestones or has received an unexpected diagnosis shortly after birth, you must take proactive steps to protect your family’s rights.

1. Seek an Independent Medical Evaluation

If you suspect the hospital where you delivered made a mistake, do not rely solely on their specialists for answers. Take your child to an independent pediatric neurologist or specialist in a different healthcare system. A fresh set of eyes from another doctor is essential for an unbiased diagnosis and treatment plan.

2. Request Your Complete Medical Records

Request the full medical files for both the mother and the infant. This should include fetal monitor strips, nursing notes, and the APGAR scores recorded immediately after birth. These documents are the primary evidence used to find the “why” behind an injury.

3. Keep a Detailed Log of Symptoms

Document your child’s development. Are they meeting physical milestones? Are they experiencing seizures or feeding difficulties? This log serves as vital evidence when quantifying the “pain and suffering” and future care needs of your child.

4. Consult a Birth Injury Lawyer

Birth injury cases are among the most complex in the legal world. You need a team that understands the science behind the symptoms. Working with an experienced Philadelphia birth injury lawyer ensures that your case is reviewed with the technical scrutiny it requires.

What Compensation is Available for Birth Injuries?

A successful claim is about more than just a settlement; it is about creating a “Life Care Plan” that ensures your child is never without the help they need.

Compensation can include:

1. Future Medical Care: This covers surgeries, specialized therapies (physical, occupational, speech), and medication for the duration of the child’s life.
2. Specialized Equipment: This includes wheelchairs, communication devices, or modifications to your home or vehicle.
3. Educational Support: Compensation for specialized schooling or tutors required due to cognitive delays.
4. Pain and Suffering: This compensates the child for their loss of quality of life and physical distress.

How Does the Legal Process Work for a Birth Injury?

Filing a Pennsylvania birth injury lawsuit is a multi-step process designed to hold negligent providers accountable and secure financial stability for your child’s future.

While each case is unique, most follow these key stages:

• The Investigation: Your legal team will gather all medical records and have them reviewed by professionals.
• The Certificate of Merit: In Pennsylvania, a medical malpractice case requires a “Certificate of Merit,” which confirms that a qualified professional has reviewed the case and determined the standard of care was breached.
• Discovery: This is the phase where both sides exchange evidence, including depositions (interviews) with the doctors and nurses involved in the delivery.
• Settlement or Trial: Many cases are resolved through a settlement that covers the child’s lifetime care. However, if a fair agreement cannot be reached, the case proceeds to a jury trial.

Start Getting Answers for Your Child’s Future

A birth injury can leave you facing difficult questions about your child’s health, care, and long-term needs. While the situation may feel overwhelming, you have the right to understand what happened and what support may be available moving forward.

If you believe your child’s injury could have been prevented, speaking with the team at Lowenthal & Abrams, P.C. can help bring clarity. With decades of experience and a legal team that includes both a physician and a nurse, we approach each case with a detailed understanding of both the law and the medicine behind it. We will review your records, explain your options in simple terms, and help you determine whether the standard of care was met during your delivery.

To discuss your situation, contact us today. Taking this first step can help you better understand your rights and plan for your child’s future.