Philadelphia Birth Injury Lawyer
Any complication during birth could lead to severe and traumatizing injuries for both the mother and child. If you or a loved one has suffered harm under these circumstances, it might be helpful to contact a Philadelphia birth injury lawyer for assistance.
If a medical professional was at fault and caused—or did not prevent—the injury, you have legal options. However, pursuing legal recovery on your own could be overwhelming, especially as you recover. A local and qualified attorney could review the circumstances of your case, answer your questions, and work to build a claim that suits your needs.
The Dangers of Delivery Errors
Depending on the circumstances of a birth error, the mother and infant could face severe injuries. While there are many types of birth and delivery injuries, they can be separated into three categories:
- Injuries to the baby that result from a birth defect
- Injuries to the baby that result from birth complications
- Injuries suffered by the mother
Birth Defects
A birth defect refers to a health problem that causes a baby to suffer from a disease or injury. In some cases, a defect is present in the infant’s DNA. In other instances, however, a defect could be caused by other factors, such as medication taken by the mother during the pregnancy. Examples of birth defects include down syndrome and a cleft palate.
Injuries During Birth
A birth injury results from a complication before, during, or after the baby is delivered. These complications are most often preventable and are commonly caused by medical negligence on the part of the health care provider. These errors could lead to:
- Lacerations
- Broken bones
- Bruises
- Injuries related to forceps or vacuum extraction
- Injuries caused by improper prescription of medication during pregnancy
- Injuries related to C-section procedure of a lack thereof
Injuries to the Mother
Injuries to the mother during birth are also a common occurrence. Some of these injuries could be avoided as well, and are normally caused by negligence on the part of a medical professional. Birth injuries to mothers could include severe vaginal tears, post-partum hemorrhage, ruptured uterus, and prolapsed uterus.
Even when injuries are apparent, there are number of legal elements that must be proven in order to pursue a successful claim against a negligent medical provider. As a result, when a mother or infant suffers an injury during birth, seeking the counsel of a Philadelphia lawyer as soon as possible could be critical to preserving their legal rights.
Pursuing a Timely Claim After a Childbirth Injury
Anyone looking to pursue a timely claim should be aware of the statute of limitations in Pennsylvania, and how it impacts parents and children differently. If a person’s injuries resulted from medical negligence, Pennsylvania Statutes §5524 affords injured claimants two years from the date of an injury to file a claim.
However, this time limit may be extended, or tolled, if the injury is not readily apparent from the onset. This extension may exist until the plaintiff reasonably should have discovered the injury, but cannot be filed more than seven years after the injury date.
Children have seven years from the date of their 20th birthday to bring a lawsuit, regardless of the date of the injury. Because of the nuances of these laws, enlisting a birth injury attorney in Philadelphia could be helpful for anyone looking to understand their legal rights.
Consult a Philadelphia Birth Injury Attorney for Assistance
Suffering an injury during birth and delivery could be traumatic for both you and your newborn. The emotional and physical toll alone is often more than enough to deal with, but unfortunately, legal and financial struggles may begin to pile on top of an already traumatizing situation.
Fortunately, you do not have to navigate this process alone. A Philadelphia birth injury lawyer might be able to help you overcome your legal struggles and navigate each step of this process. They could lend their knowledge and insight and allow you to focus on your recovery. To begin working on a claim, call today.
