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.

What Is a Birth Injury?

A birth injury is harm that happens to a baby before, during, or shortly after delivery. Some birth injuries are minor and heal quickly. Others can affect a child for life.

It is important to understand the difference between a birth injury and a birth defect. A birth defect is usually caused by genetics or natural development. A birth injury is often caused by something that went wrong during pregnancy or delivery. In some cases, it may involve medical negligence.

A Philadelphia birth injury lawyer reviews whether proper care was provided during labor and delivery and whether preventable mistakes led to harm.

Warning Signs of a Possible Birth Injury

Some birth injuries are obvious at birth. Others become noticeable over time.

Parents should watch for:

• Low APGAR scores
• Seizures
• Weak muscle tone
• Stiffness or poor coordination
• Feeding problems
• Delayed life milestones

If your child shows any of these signs, follow up with a pediatric specialist. Early evaluation is important.

Common Types of Birth Injuries Caused by Medical Negligence

Birth injuries can range from mild to severe. Below are some of the most common injuries seen in cases handled by Philadelphia birth injury attorneys.

Cerebral Palsy

Cerebral palsy is one of the most common serious birth injuries in the United States. Cerebral palsy can occur when a baby’s brain does not get enough oxygen during labor. Oxygen loss may happen if fetal distress is not recognized or if a C-section is delayed. According to the Centers for Disease Control and Prevention, about 1 in 345 children has cerebral palsy, a condition often linked to oxygen deprivation or other trauma around the time of birth.

Hypoxic-Ischemic Encephalopathy (HIE)

HIE is a type of brain injury caused by a lack of oxygen and blood flow. It can lead to seizures, developmental delays, or lifelong disability. Proper monitoring during labor is critical to prevent this. According to a modern U.S. population-based study published by the National Institutes of Health (NIH), the incidence of perinatal HIE is approximately 1.7 per 1,000 live births.

Erb’s Palsy and Brachial Plexus Injuries

These injuries often happen when excessive force is used during delivery, especially in cases of shoulder dystocia. The baby may suffer nerve damage that affects arm movement.

Skull Fractures and Brain Bleeding

Improper use of forceps or vacuum devices can cause trauma to the baby’s head. These injuries may lead to long-term complications.

Spinal Cord Injuries

Excessive pulling or twisting during delivery can damage the spinal cord, resulting in permanent impairment.

Birth injury lawyers in Philadelphia often review delivery room records, fetal monitoring strips, and medication logs to determine what happened.

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 Pitocin

Pitocin 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.

How Do You Prove a Birth Injury Case in Pennsylvania?

To move forward with a claim, several elements must be shown.

• Duty of Care:  There must have been a doctor-patient relationship during pregnancy or delivery.
• Breach of Standard of Care: The provider must have failed to act as a reasonably careful professional would under similar circumstances.
• Causation: The medical error must have caused the injury or made it worse.
• Damages: There must be measurable harm.

Pennsylvania also requires a Certificate of Merit. This means a qualified medical professional must review the case and confirm there is a reasonable basis for the claim.

Pennsylvania Birth Injury Laws You Should Know

In most cases, Pennsylvania has a two-year statute of limitations for medical malpractice claims. This generally means you must file within two years of when the injury was discovered or reasonably should have been discovered.

There are exceptions for minors. In some birth injury cases, the deadline may be extended because the injured child is under 18. There may also be exceptions if the injury was not immediately obvious.

Pennsylvania law also includes specific filing requirements, including the Certificate of Merit mentioned above. Because these rules can be complex and strictly enforced, early legal review is important. Waiting too long can limit your options.

How Birth Injury Cases Are Investigated?

Many parents ask how a birth injury case is reviewed and what actually happens behind the scenes. These cases are detailed and often require careful analysis of medical records.

A birth injury investigation usually begins with a full review of the labor and delivery records.

This may include:

• Fetal heart monitoring strips
• Labor progress notes
• Medication administration records
• Nursing documentation
• APGAR scores
• Neonatal intensive care records

These documents help show what was happening during labor and how the medical team responded.

In many cases, timing is critical.

For example:

• When did signs of fetal distress first appear?
• How long did it take to respond?
• Was a C-section recommended or delayed?
• Were medications used properly?

A careful timeline is often created to track events minute by minute. This helps determine whether accepted medical standards were followed.

Birth injury lawyers in Philadelphia often consult medical professionals who review the records and compare them to established guidelines. This review helps clarify whether the injury was preventable.

An investigation may also examine hospital policies, staffing levels, and communication between providers. Sometimes the issue is not just one person’s decision, but a breakdown in the system.

Understanding how a case is investigated can help families feel more informed and prepared. If you suspect a preventable birth injury occurred, speaking with a Philadelphia birth injury attorney can help you understand how your situation may be evaluated.

The Long-Term Impact of Birth Injuries

A serious birth injury can affect much more than a child’s health. It can change the daily life of the entire family.

Some children may struggle with mobility. Others may have difficulty speaking, learning, or interacting with others. Even injuries that seem mild at first can become more noticeable as a child grows and developmental milestones are delayed.

Planning for the future becomes critical.

This may include:

• Developing a long-term care plan for adulthood
• Exploring guardianship or special needs planning
• Setting up financial protections, such as trusts
• Planning for supported living arrangements

Parents may need to reduce work hours or leave jobs to provide care. Siblings may also feel the impact as routines and responsibilities shift.

Beyond the physical effects, there can be emotional strain. Parents may experience guilt, anxiety, or fear about their child’s future. Children may struggle with confidence or social challenges as they grow older.

Planning for the future becomes critical. This may include:

• Coordinating long-term medical care
• Creating education and therapy plans
• Preparing financially for adulthood support
• Securing resources for independent living, if possible

When a birth injury results from preventable medical mistakes, families deserve the chance to seek answers and pursue support that helps provide long-term stability.

A Philadelphia birth injury lawyer can help families understand what happened and explore options for protecting their child’s future.

Why Choose Our Philadelphia Birth Injury Attorneys?

Lowenthal & Abrams has represented families in serious medical negligence cases for more than 40 years.

Families often choose Philadelphia birth injury lawyers who offer:

• Experience with complex medical cases
• Careful review of records
• Trial readiness
• Clear communication
• No upfront fees

Our firm includes attorneys with medical backgrounds, which helps in understanding detailed delivery records.

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.

$15 Million Surgery-Sepsis	$11 Million Birth Injury Case – Baby Seriously Injured	$4.8 Million Medical Malpractice – Wrongful Death Case
$3.75 Million Medical Negligence – Negligent Administration of Heparin	$2.4 Million Medical Malpractice – Improper Blood Screening	$2.4 Million Surgical Error – Damaged Sympathetic Nervous System
$1 Million Failure to Diagnose – Breast Cancer	$1.6 Million Pediatric Failure to Diagnose – Diabetes	$1.5 Million Failure to Diagnose – Breast Cancer
$1.4 Million Birth Injury to Mother – Wrong Medication	$1.2 Million Failure to Diagnose – Deep Vein Thrombosis (DVT)	$1.2 Million Failure to Diagnose – Esophageal Cancer

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 before, 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.