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When negligence or malpractice happens during the labor or delivery process, what was meant to be a beautiful moment can quickly become a nightmare. Premature births require an incredibly delicate approach and commitment to safety protocols, and one wrong step can create lifelong consequences for the most vulnerable of patients. As a parent, you deserve justice, guidance, and zealous advocacy during this overwhelming period, and our compassionate birth injury attorneys can help you.
At Lowenthal & Abrams, our Philadelphia premature delivery injury lawyers have a deep understanding of neonatal medicine. This allows our legal professionals to steer through the complexities of premature birth cases with diligence and expertise.
Common Types of Premature Birth Injuries
Premature delivery injuries can manifest in a variety of different ways, and each holds the potential to change the trajectory of the child’s entire life, from cognitive impairments to physical disabilities. Common injuries include:
- Brain damage
- Cerebral palsy
- Developmental delays
- Premature infant blindness
- Respiratory distress syndrome
- Maternal hemorrhaging complications
Our Philadelphia attorneys understand that premature births can lead to a variety of problems that can cause lasting cognitive and physical impairments. We can perform a detailed investigation to help our clients navigate the complexities of the medical and legal system and understand all the facts of a case.
Who Can Bring a Case?
Due to their status as minors, persons under 18 cannot file a lawsuit directly. In Pennsylvania, a case for a premature delivery injury can be brought by the parents of the child who sustained the injury. In cases involving a maternal injury, the mother of the child can join her case for the injury she sustained.
Understanding the Statute of Limitations
A statute of limitations is a specified time limit when an injured party may bring a lawsuit. The purpose of the statute is to encourage fairness and speed in the legal system by precluding parties from delaying legal action indefinitely. Under 42 Pennsylvania Consolidated Statutes § 5524, for medical malpractice cases, the party injured has two years from the date of the injury or the discovery of the injury to file a claim.
There is an exception to this rule, specifically for minors or cases where the injury was not immediately discovered. For cases involving minors, the statute of limitations begins to run from the child’s 18th birthday. If the injured party fails to bring the premature delivery injury suit within the relevant time, they will most likely be unable to receive compensation, but an experienced Philadelphia attorney can look at all the facts to see if there are any available compensation options.
Navigating a Birth Injury Case
When negligence during childbirth causes injuries, pursuing a lawsuit is an incredibly difficult task, which is why it is crucial to work with a diligent Philadelphia lawyer. Our attorneys can guide someone through the claims process. At the initial consultation, our team provides an in-depth consultation evaluating all potential routes for compensation and legal theories. At this stage, a person will have the opportunity to discuss everything that happened before, during, and after the child’s delivery.
Next is the evidence-gathering stage where our firm gathers medical documentation, professional testimony, and expert analysis regarding the birth. Once there is substantive proof, all defendants are notified that a claim is being filed. If settlement is not an option, the case will proceed to trial.
The pre-trial process includes depositions, requests for evidence, and other legal maneuvers to shape the argument for proving negligence and damages. When a settlement cannot be reached, the case will go to trial where our well-versed attorneys will present all evidence to convince a judge or jury of the defendant’s negligence.
Call a Philadelphia Premature Delivery Injury Attorney Today
The devastation caused by premature delivery injuries affects families emotionally, psychologically, and financially. We understand that incredibly high medical costs, special educational needs, and future care requirements quickly become overwhelming burdens.
Our Philadelphia premature delivery injury lawyers are here to assist you with your case, ensuring that the process is as seamless and burden-free as possible. Contact the legal team at Lowenthal & Abrams for an initial consultation.
