Bensalem Birth Injury Lawyer

Let Experienced Bensalem Birth Injury Attorneys Help You Protect the Rights of Your Little One

Few events offer more excitement than the arrival of a new baby. Most Bensalem parents prepare for their child’s birth for months before it happens. Parents consult specialists, choose their hospital and birthing team carefully, pack bags, and prepare for the big day.

Parents commonly take care to protect their expected child. When medical teams don’t take due care, however, serious injuries can harm both parent and baby. 

If your child was injured and you suspect medical negligence is to blame, speak to an experienced Bensalem birth injury lawyer right away. The team at MyPhillyLawyer can help.

Pennsylvania Birth Injury Statistics

In 2022, Pennsylvania’s infant mortality rate was 5.69 deaths per 1,000 live births, according to the Centers for Disease Control and Prevention (CDC). This rate places Pennsylvania 22nd of 51 US states and the District of Columbia for infant mortality. Rates in 2022 ranged from 3.32 deaths (Massachusetts) to 9.11 deaths (Mississippi) per 1,000 live births. 

Pennsylvania ranks 16th among US states for pre-term births, according to the March of Dimes. Pennsylvania’s pre-term birth rate was 9.7 percent in 2023, higher than its 2022 rate but lower than the national average. While pre-term births do not guarantee birth injury, these births come with a higher risk of birth injury and must be managed carefully. 

In 2023, the preterm birth rate in Bucks County was 8.8 percent. This rate was higher than Bucks County’s rate in 2022.

Inadequate prenatal care can also play a role in birth injuries. In 2023, 16.2 percent of patients in Pennsylvania didn’t receive prenatal care until at least five months into the pregnancy or received fewer than half of the appropriate number of prenatal care visits, according to the March of Dimes. This number is higher than the national average of 15.7 percent. 

Common Types of Birth Injuries

About 30,000 babies are born in the US each year with a birth injury. The majority of these injuries – about 80 percent – are classed as “moderate” or “severe.” Birth injuries contribute to about 4,000 infant deaths each year, ranking as the fourth leading cause of infant death. 

Brachial Palsy Injuries

Brachial palsy is a nerve injury to the brachial plexus. The brachial plexus is a bundle of nerve fibers in the shoulder that control the arm and hand. The condition is also called Erb’s palsy, brachial plexus palsy, or brachial injury palsy.

Children who experienced brachial palsy injuries typically have nerve damage and muscle weakness in the affected shoulder and arm. The injuries may cause lifelong issues. 

Cerebral Palsy and Other Brain Injuries

Cerebral palsy (CP) results from brain damage or injury to the brain, often during birth. Approximately 8,000 to 10,000 babies receive a cerebral palsy diagnosis in the US annually.

CP is identified through the types of movement disorders it creates. Spastic cerebral palsy is the most common, appearing in about 77 percent of all cerebral palsy cases. Other types of cerebral palsy include dyskinetic, hypotonic, and ataxic. “Mixed” CP, in which multiple types appear, is diagnosed in about 15 percent of cases.

Other types of brain injuries can occur during birth as well. Many result from hypoxia, or lack of oxygen to the brain during delivery. 

Bone Fractures

An infant can experience one or more bone fractures during delivery. The most common broken bones are collarbone fractures. Collarbone fractures most often occur when the baby’s shoulder becomes caught during passage through the birth canal. These fractures occur in up to 4.5 percent of deliveries.

Many broken bones can be addressed if they are caught promptly. Delayed diagnosis or treatment may result in additional medical difficulties. 

Infections

Fetal infections occur in about four percent of deliveries. An infection may come from exposure to bacteria in the parent, or it may be introduced during the birthing process.

Appropriate sanitization and hygiene procedures are essential during birth. Both the parent and the child must be monitored following birth for signs of infection. An infection can cause serious illness or death if not treated promptly. 

Injuries to the Parent During Birth

Delivery is hard on both the parent and the baby. A birthing parent may experience hemorrhage (excessive bleeding) and other serious injuries during the birth process. The risk of injury is higher when medical teams fail to account for a parent’s medical history or to monitor the parent’s needs in the moment. 

Injuries to a parent during birth can prove fatal as well. About 800 people suffer fatal pregnancy complications in the US each year, according to the Pennsylvania Department of Health. Approximately one in eight Pennsylvania residents does not have a birthing hospital within 30 minutes of their home – a common risk factor in parental mortality during birth. 

Pennsylvania Birth Injury Claim Rules

Like other injury claims, Pennsylvania birth injury claims follow specific rules. These include deadlines for filing a claim and rules about the compensation an injured person can seek.

Most birth injury claims are a type of medical malpractice claim. Consequently, they must follow special rules laid out for medical malpractice claims in Pennsylvania. These rules apply in addition to the general rules for all injury claims. 

Time Limits 

Pennsylvania’s statute of limitations sets a deadline for filing an injury claim in the state. In Pennsylvania, injury claims must be filed within two years of the date of injury in most cases.

Some exceptions apply, but they apply only to narrow cases. Some of these cases involve injury to minors. It’s vital to speak to an attorney to determine exactly how the two-year time limit applies in your specific birth injury case.

Types of Compensation You May Be Able to Attain For a Birth Injury

Birth injury claims seek compensation for the harm caused to the child, the parent, or both during the birthing process. Compensation is available for several types of losses.

In birth injury claims, medical expenses are the most common focus of compensation. Your claim can seek compensation for any medical bills you’ve already accrued for your child’s care. You can also seek compensation for future medical expenses. 

Many birth injuries cause severe, lifelong disabilities. These disabilities frequently require specialized medical care. A birth injury claim helps you seek compensation so you can meet your child’s medical needs throughout life. 

Other damages are available in some birth injury cases as well. An attorney can help you determine the types and amounts that may apply in your case. Your lawyer can help you fight for the full, fair compensation your child deserves. 

Pennsylvania does not “cap,” or limit, medical malpractice damages. Several other states limit non-economic damages, such as compensation for pain and suffering, in these cases. Pennsylvania does not recognize such limits. A birth injury claim can seek and secure the total damages award that the injured person and their Bensalem birth injury lawyer can prove. 

If birth injuries prove fatal, surviving family members can seek compensation through a wrongful death claim. Wrongful death claims provide similar compensation to personal injury claims in some ways. They also allow survivors to seek compensation for death-related losses, like funeral and burial expenses. 

Special Requirements for Medical Malpractice Birth Injury Claims

Pennsylvania sets certain special rules for medical malpractice lawsuits, including birth injury claims, including the “certificate of merit” requirement.

The certificate of merit states that an “appropriate licensed professional” has looked at the allegations in the claim and believes there is a “reasonable probability” that the health care provider’s actions “fell outside acceptable professional standards” in a manner that caused harm to the injured person. It does not need to list which provider fell outside which standards. 

The certificate of merit must be filed with the initial complaint or within 60 days of filing the complaint. 

Choosing an “appropriate licensed professional” can be challenging. This person does not need to be a medical expert called at trial. The plaintiff can choose a different medical expert or experts for the preparation of the case. But the “appropriate licensed professional” who signs the certificate of merit must meet similar standards to a medical expert witness. These include possessing “sufficient education, training, knowledge, and experience” to testify about the reasonable probability that the standard of care was not met.

The certificate of merit is one of several requirements special to medical malpractice claims. To navigate these requirements successfully, work with an experienced Bensalem medical malpractice and birth injury attorney. 

Speak To An Experienced Bensalem Birth Injury Attorney Today

Birth injuries turn your world upside-down and change the course of your child’s life forever. When a birth injury occurs, don’t hesitate to consult a dedicated, compassionate attorney. Your lawyer can investigate your situation and fight for the compensation your child needs. 

To learn more, contact the team at MyPhillyLawyer today. Our experienced and capable Bensalem birth injury lawyers are just a phone call away. Reach out to us today to schedule a free, confidential case evaluation.