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Family Rights after a Birth Injury
A birth injury can change your life and the life of your child forever. If you’re facing this pain in Philadelphia, knowing your rights is crucial. Families have legal options under Pennsylvania law when a birth injury is caused by a healthcare provider’s mistake. Working with a Philadelphia birth injury lawyer can help you understand and protect your family’s rights every step of the way.
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Your Right to Seek Compensation
If your child suffers a birth injury due to medical negligence, Pennsylvania law allows you to seek compensation. This can include payment for medical bills, therapy, home modifications, lost wages if you need to leave work, and damages for pain and suffering. If your child has a permanent disability like cerebral palsy, a cerebral palsy lawyer can help you fight for lifelong support.
Compensation isn’t just about the money. It’s about getting the resources your child needs to thrive and holding those at fault accountable. Your rights include access to medical records, the ability to consult expert witnesses, and the right to file a lawsuit against doctors, nurses, or hospitals if there’s evidence of wrongdoing.
Understanding Time Limits for Legal Action
Pennsylvania has strict time limits, called statutes of limitations, for birth injury claims. In most cases, you have two years from the date you discover the injury to file a lawsuit. But for birth injuries, the law makes an exception for minors. If your child was injured at birth, the “clock” for their claim doesn’t start until they turn 18, meaning they can file a claim until they are 20 years old. However, you should act quickly, as evidence is easier to gather soon after the injury.
If the birth injury happened at a government hospital or involved a government employee, special rules apply. Families must file a notice with the government unit within six months of the injury. Missing this deadline can cause your claim to be dismissed, so contact a Philadelphia personal injury lawyer right away if you suspect a government provider is involved.
The Right to Medical Information and Records
Families have the legal right to request and receive all medical records related to the pregnancy, labor, and delivery. This includes test results, doctor notes, and hospital policies. If a provider refuses to release these records, your attorney can help by sending a formal request or subpoena. These records are often the foundation of a successful birth injury case, as they reveal what went wrong and who is responsible.
Your rights also include privacy and protection of sensitive information. Hospitals and clinics can’t share your child’s records without your permission, except in special legal situations.
The Right to Legal Representation and a Fair Process
You have the right to hire a birth injury attorney to represent your interests. Your lawyer will investigate the case, consult with medical experts, and file all necessary paperwork. Pennsylvania law requires that an expert review your case before a lawsuit is even filed, making it important to work with a law firm that knows the process well.
You also have the right to a fair legal process. This includes the right to present evidence, question witnesses, and argue your case before a judge or jury. If your case settles, you have the right to understand all terms before agreeing.
The Right to Damages Even with Some Family Fault (Comparative Negligence)
Sometimes, a hospital’s lawyers might claim that a parent’s actions before or after the birth contributed to the injury. Pennsylvania uses a “comparative negligence” rule. As long as your fault is not greater than the provider’s, you can still recover damages. However, the amount awarded will be reduced by your percentage of fault, if any. Your attorney will work to prove the healthcare provider’s responsibility and defend your rights.
FAQs About Family Rights after a Birth Injury
What if my child’s injury isn’t discovered until years after birth?
Pennsylvania law gives minors time to file a claim up to age 20 for birth injuries. If you only recently found out about the harm, you can still take legal action as long as you’re within these time limits.
Can I still sue if the hospital is run by the government?
Yes, but special rules apply. You must file a written notice with the government agency within six months of the injury. Missing this deadline could block your claim, so contact a lawyer immediately if a government-run hospital or provider is involved.
Are there limits on how much we can recover in damages?
If your claim is against a government-run hospital or provider, Pennsylvania law sets limits: $250,000 per person and $1,000,000 total for all claims in the same incident. Private hospitals and providers are not subject to these caps.
Do I have to pay legal fees upfront?
Most birth injury lawyers work on a contingency fee basis, meaning you only pay if you win compensation. Your attorney will explain how fees and costs work before your case moves forward.
Other Resources About Legal Process & Compensation
- Appealing a Birth Injury Verdict or Settlement
- Family Rights after a Birth Injury
- What Evidence is Needed for a Birth Injury Claim?
- Understanding Medical Malpractice Insurance
- Expert Witnesses in Birth Injury Litigation
- Philadelphia Jury Verdicts & Settlements in Birth Injury Cases
- Statute of Limitations for Birth Injuries in PA
- How Birth Injury Compensation is Calculated
- What to Expect in a Birth Injury Case Timeline
- Filing a Birth Injury Lawsuit in Philadelphia
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