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When a baby is hurt during labor, delivery, or just after birth, these incidents may be called birth injuries. In Pennsylvania, knowing what counts as a birth injury helps families understand their options. This blog covers what qualifies, why it matters, and how you can take action.
A birth injury is any harm a baby suffers before, during, or shortly after delivery due to unsafe or improper medical care. In Pennsylvania, these injuries can happen when providers fail to monitor the baby or mother, use too much force during delivery, delay needed treatment, or make medication errors. These issues may lead to conditions such as brain damage, nerve injuries, broken bones, and long-term disabilities.
Below are common types of injuries and situations that may qualify as birth injuries:
These can occur when a baby is deprived of oxygen, handled roughly, or delivered without proper technique. Conditions like Cerebral Palsy or Erb’s palsy may result from these complications.
A baby may suffer fractures or skull injuries if tools are used improperly or if the delivery is mismanaged. These injuries often require follow-up exams or imaging to make sure the bones heal correctly and no long-term issues develop.
If the baby’s shoulder becomes stuck during delivery and is not handled quickly or correctly, nerve damage in the arm or shoulder may occur. In some cases, these injuries can affect the baby’s ability to move or lift the arm normally during early development.
Improper delivery techniques or failure to address complications can cause internal bleeding or trauma. These injuries may not be obvious right away and often require quick testing or treatment to prevent further harm.
When the baby does not receive enough oxygen or blood flow, it can cause serious and permanent injury. This can affect the baby’s brain, muscles, or organs and may lead to long-term developmental or physical challenges.
Medication errors before or during delivery, such as giving the wrong dose or drug, can cause dangerous reactions for both mother and baby. Even a small medication mistake can affect the baby’s breathing, heart rate, or overall stability after birth.
Not monitoring the mother’s or baby’s vital signs, heart rate, or distress signals can delay needed care and lead to preventable injuries. When warning signs are missed, problems that could have been treated early may turn into emergencies.
Some birth injuries lead to ongoing medical care, rehabilitation, therapy, and special learning needs. Knowing what is considered a birth injury lets parents prepare for future care.
When a birth injury happens, families may want to know if the injury could have been prevented. Understanding what qualifies helps determine if medical care fell below what should have been provided and helps strengthen your claim.
If a child needs care for a birth injury, this may involve long-term medical and therapy bills. Determining whether a condition qualifies as a birth injury may affect insurance coverage, compensation, and planning for the child’s future.
Here’s a step-by-step list of what to look for and what to do if you suspect a birth injury.
Gather hospital records, delivery notes, fetal monitoring strips, neonatal charts, nurse logs, and any imaging or lab results. These records show what care was provided and what condition the baby was in.
With the help of a medical provider you trust, look for care that fell below the standard, such as delayed intervention, failure to monitor fetal distress, inadequate response to shoulder dystocia, or use of excessive force. If something was done differently than most providers would have done in that situation, that may signal a birth injury claim.
You’ll need to show how the care mistake caused the baby’s injury. For example, failure to monitor distress led to oxygen deprivation, which led to brain damage.
Make sure you have clear records of what harm the baby suffered: brain injury, broken bone, need for therapy, delayed growth, or learning issues. Also track medical bills, therapy costs, lost parental income, and future care needs.
In Pennsylvania, you usually have a statute of limitations of two years to bring a claim. Missing deadlines may stop the case before it begins. That’s why contacting a birth injury Pennsylvania lawyer early helps you track deadlines, gather evidence, and file the right forms.
If your child suffered harm during birth and you believe it could have been prevented, it’s time to act. Contact us at Lowenthal & Abrams, P.C. We’ll review your case at no charge and help you understand the path ahead. You don’t have to face this alone.
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