Philadelphia Birth Injury Lawyer

The excitement of having a newborn added to your family should be a moment of celebration. But sometimes that celebration turns to fear and pain when your child suffers a serious birth injury.  No one believes or even wants to consider that the doctor and delivery staff may perform their duties in a negligent way. Unfortunately, medical errors cause birth injuries to otherwise perfectly healthy babies more frequently than you might expect. When a newborn is injured, the lifetime expenses can be staggering.

You shouldn’t have to handle these costs alone. Contact our Philadelphia birth injury lawyers to discuss whether you have a case against your doctor or hospital. Our medical malpractice attorneys are here for you.

When Is it Malpractice?

If your baby suffers from a birth defect as a result of DNA, he is not a victim of medical malpractice. But, if your baby suffers a serious injury because he is handled improperly prior to, during or after birth, you might have the basis for a birth injury lawsuit with the help of a Philadelphia lawyer.

What kind of conduct is malpractice when it comes to a newborn?

Rough Handling

Babies are very delicate. If the mother or child experience rough handling during the delivery, they can be seriously injured. Broken bones, brachial plexus injuries leading to Erb’s Palsy, brain injuries causing Cerebral Palsy, and other serious problems can all occur if a baby is not handled properly. The mother can be harmed as well.

Improper Medication

If a woman is having issues giving birth, she might be provided with medication to induce labor. This includes prostaglandins or Pitocin. The problem with inducing labor is that it can be very risky for the baby and the mother. The American College of Obstetricians and Gynecologists states that induction should only be performed when it is riskier for the baby to remain inside the uterus than to be born. Unfortunately, sometimes induction is performed for the convenience of the hospital staff instead of when it is strictly necessary. A mother should only be induced when it is medically necessary. For example:

• Complications such as heart disease, preeclampsia, gestational diabetes and bleeding
• Baby in danger due to lack of oxygen or nutrients
• Amniotic sac ruptured but labor does not begin within an appropriate amount of time
• Chorioamnionitis – an infection, exists inside the uterus
• The pregnancy has lasted beyond 42 weeks and there are risks to the fetus as a result

Don’t be afraid to talk with your doctor about whether it is appropriate to induce your labor. Soon to be mothers should never be induced for the convenience of a doctor or staff who are in a rush to get home for the evening.

Risks of Pictocin

Pictocin is commonly given to mothers to induce labor. The problem is, if too much Pictocin is provided and the contractions come too close together, the baby might not get enough oxygen and go into fetal distress. This can lead to brain injury and cerebral palsy or even death for the baby. In addition, this drug can cause the mother’s blood pressure to rise to dangerous rates. Both the mother and the baby must be properly monitored and steps must be taken to protect both if something goes wrong. Studies show that Pictocin can result in low APGAR scores. This is why this medication should only be used when it is truly necessary.

Failure to Monitor

During pregnancy, it is critical that the mother and fetus receive proper attention. It is the doctor’s responsibility to perform the correct tests throughout the pregnancy, so he can make certain that the baby will be born healthy and that the mother will be safe. Some of the problems a mother and her baby might experience during pregnancy include:

• Pre-eclampsia
• Gestational diabetes
• Cervical issues
• Infections
• Problems with the placenta
• Issues with amniotic fluid
• Preterm labor
• Cardiovascular disease

If the mother or fetus develop difficulties, the doctor must respond quickly and correctly. Failure to do so can result in serious health problems for both mother and baby, even leading to death. An attorney can help a family who has gone through a birth injury in Philadelphia determine if there was negligence on the part of the hospital or doctor.

Significant Medical Malpractice Recoveries

Families facing preventable birth injuries deserve a legal team with a proven record of success. Our attorneys have secured significant results in medical malpractice cases involving serious and life-altering harm.

Act Quickly to Protect Your Baby’s Rights

It is common for the family to not want to take immediate action if a birth injury occurs. However, you must act within the appropriate time period in order to file a claim. You also want to make sure you will have the financial support necessary to pay for your baby’s expensive medical care, and that your baby will have the financial stability he will require throughout his life. This means seeking representation and moving forward with your case as soon as possible.

Our team of attorneys can assist you in determining whether your doctor was at fault for your baby’s birth injury in Philadelphia. Our attorneys include both a doctor and a nurse.  Having a doctor and nurse on your side is crucial to understanding and interpreting medical records.  We at Lowenthal & Abrams, Injury Attorneys understand the pain and fear of re-living such a tragic event. You shouldn’t have to fight alone to obtain justice for your baby.

How to Find the Best Philadelphia Birth Injury Lawyer

The best birth injury lawyers in Philadelphia listen carefully to your story, thoroughly review medical records, and explain your legal options in clear, understandable terms. They have a proven track record of handling birth injury cases, know how to work with medical experts, and are committed to holding negligent healthcare providers accountable.

Compassion, communication, and experience are key—your attorney should treat your family with care while aggressively pursuing the compensation your child deserves.

Reach Out to a Philadelphia Birth Injury Attorney at Our Firm

If your new baby was hurt prior to, during or after delivery, share your story with our birth injury attorneys to find out how we may be able to help. We have won settlements in excess of $11 million for our clients whose children suffered from birth injuries. You are entitled to seek compensation for your child’s injury and our dedicated Philadelphia birth injury lawyers are ready to help you. En español

Frequently Asked Questions (FAQs)

1. How do I know if my baby’s injury was caused by medical negligence?

Medical negligence may be a concern if your baby had unexpected complications, unexplained injuries, poor monitoring, a delayed response from staff, or sudden changes in condition without a clear explanation. These signs may suggest that proper care wasn’t provided.

2. What evidence is needed to prove a birth injury case?

Birth injury cases rely on fetal monitoring strips, labor and delivery notes, medical charts, medication logs, witness statements, photos, and expert medical opinions. Your legal team gathers and reviews all of this for you to determine what went wrong.

3. How long do birth injury cases typically take to resolve?

Most cases take at least 18 months, and some take longer if the case goes through litigation. Your attorney will guide you through the process and keep you updated along the way.

4. Can I file a birth injury claim if the hospital says the injury was unavoidable?

Yes. Hospitals often claim an injury couldn’t be prevented, but that doesn’t rule out negligence. Independent medical experts can review what happened and determine whether proper care could have avoided the injury.

5. Who can be responsible in a birth injury lawsuit?

Responsibility may fall on doctors, nurses, midwives, anesthesiologists, hospitals, or medical groups involved in your care. Sometimes multiple providers can be held responsible if multiple mistakes contributed to the injury.

6. What types of compensation can families receive in a birth injury case?

Compensation may cover medical bills, future treatment, therapy, special education needs, home modifications, pain and suffering, and emotional distress. In severe cases, lifelong care and financial support may also be included.

7. Can a birth injury lawsuit help cover long-term care costs for my child?

Yes. These cases often pursue money for long-term care such as therapy, surgeries, adaptive equipment, and developmental support. Your attorney will consider both your child’s current needs and future needs.

8. What should I do if I suspect the hospital is not telling me the full truth about my baby’s injury?

Do not confront the hospital or staff. Contact a birth injury attorney right away. Your lawyer can obtain the records, review them with medical experts, and identify whether anything is missing or inconsistent.

9. Can I file a birth injury claim if my child’s symptoms did not appear until later?

Yes. Some birth injuries, such as developmental delays or signs of cerebral palsy, appear later. The law allows claims within a set period after you discover the injury. A lawyer can explain if you’re within the deadline.

10. Will filing a birth injury lawsuit affect my child’s medical treatment or relationship with the doctor?

Filing a claim will not affect your child’s care or your relationship with the doctor. You can continue treatment or switch providers if you prefer. The legal case is separate from your child’s ongoing medical treatment.