Skilled Philadelphia Birth Injury Attorneys

Fighting for Justice & A Better Future for Your Child

The welcoming of a new baby should be a joyous occasion. Yet a medical mistake prior to labor, during delivery, or in the immediate aftermath of childbirth can turn this joyous occasion into a terrifying and horrific ordeal. Babies can be significantly injured through the negligence of a physician or medical professional-and sadly, these injuries can mean a lifetime of suffering and disability for the child.

Although tens of thousands of babies are delivered daily without complications, labor and childbirth can be accompanied by unpredictable events that require split-second decisions and focused attention. In these situations, a doctor or medical professional’s negligence, carelessness, or inattention could result in serious disability and even death. In fact, each year, more than 23,000 infants sustain a birth injury.

If your infant sustained injuries or suffered wrongful death as a result of medical negligence, our Philadelphia birth injury attorneys at Golomb Legal may be able to help you hold the appropriate healthcare providers accountable and recover the financial compensation you need and deserve.

Ready to move forward with your case? Call us at (215) 278-4449 for a case evaluation.

Common Birth Injuries

It is important to distinguish birth injuries from birth defects. Birth defects are conditions that arise while an infant develops during pregnancy, and are often caused by genetic factors. Birth injuries are often the result of a medical professional's negligence and may occur between pre-delivery and post-childbirth care. OBGYNs, anesthesiologists, nurses, midwives, PCAs, pharmacists, and surgical technicians can all make a mistake that could result in a birth injury.

Our legal team has successfully represented parents whose children have experienced birth injuries including:

Other recognized types of birth injuries include:

Brain injury
Brachial plexus palsy
Erb's palsy
Meconium aspiration
Paralysis
Spinal cord damage
Group B strep

Among the most serious, and sadly most frequent, birth injuries are those that restrict oxygen flow to the brain. Lack of oxygen, or hypoxia, during delivery contributes to a number of devastating, long-term conditions, including various brain injuries, permanent brain damage, and cerebral palsy.

What Can Cause a Birth Injury?

For parents whose child has suffered harm due to medical negligence, there is perhaps no justifiable reason for a birth injury.

However, there are a number of common circumstances and mistakes that contribute to birth injuries:

Improper monitoring during delivery
Failure to perform a timely Caesarean section
Failure to provide adequate prenatal care
Failure to recognize signs of fetal distress
Failure to respond to hypoxia
Misuse of forceps or other medical instruments
Use of improper delivery techniques
Failure to diagnose and treat jaundice
Inappropriately treating infection
Failure to supply adequate oxygen to the baby
Improperly administering epidural or anesthesia to mother
Inappropriate administration of pain medicines
Failure to properly resuscitate a depressed baby
Medication errors

Birth Injuries Caused by Extraction Tools

During labor and delivery, there are several things that can go wrong. This is especially true when mothers fatigue or children are in a difficult birthing position, at which point doctors often opt to use assistive devices. However, these can make birth even more dangerous for infants and their mothers when used improperly.

Birth Injuries Caused by Forceps

Forceps are one of the most common assistive birthing devices used by doctors during labor and delivery. These large, tong-shaped tools are used to cradle a child’s head and guide them through the birth canal. When used incorrectly or with too much force, forceps can cause

Intracranial bleeding
Minor facial injuries
Skull fractures
Facial palsy
Seizures

If you or your child have been harmed because of forceps, you may be entitled to compensation proportionate to the damages you and your loved ones have suffered. Recovering compensation from the responsible party (or parties) may be essential when it comes time to pay for related treatments, which could last the entirety of an affected child’s life.

Birth Injuries Caused Vacuum Extraction Tools

Vacuum-extractors are also commonly used and present their own unique set of risks. These are generally considered to be less safe than forceps and they exert approximately half the amount of force on a baby’s head during birth. However, when the cup is placed on the child’s head and the vacuum is activated (creating a seal), this can cause:

Subgaleal hemorrhaging
Hypoxia
Shoulder dystocia
Scalp wounds
And other injuries

At Golomb Legal, we serve families, parents, and children, who have been affected by the negligent use of assistive birthing devices. We have years of experience representing people who have been in your shoes, and we are prepared to provide you with the trustworthy legal counsel you need to navigate this challenging time. Connect with a member of our team as soon as possible to schedule your free, no-obligation consultation with a birth injury lawyer in Philadelphia.

Birth Injuries & Statutes of Limitations

As with any medical malpractice case, there are often brief statutes of limitations that establish deadlines for filing birth injury claims. In Pennsylvania, injuries that are sustained by a minor are tolled until their 18th birthday. After their 18th birthday, the minor has 2 years to bring a claim.

In New Jersey, the parents or guardians of an injured child only have until his or her 13th birthday to bring a claim. Due to the complexities surrounding medical malpractice claims and birth injuries, it is advisable to consult with a medical malpractice attorney who has specific experience in handling birth injury cases as soon as possible after discovering the injury.

What Is the Difference between Birth Injuries and Birth Defects?

There are only slight differences between a birth injury and a birth defect, yet both can have major complications and can affect the baby tremendously. Birth injuries are preventable whereas birth defects are genetic

Birth Injuries

Birth injuries are almost always the result of medical malpractice. This can happen if the physician is using excessive force or the wrong method of force when delivering the baby. For example, physicians often rely on the use of forceps to help turn the baby’s body and make passage through the birth canal easier. However, doctors should recognize when forceps are no longer effective and instead opt for a C-section.

Other examples of birth injuries:

Fractures
Brain injuries
Bleeding in the cranium
Nerve damage, leading to facial paralysis
Cord wraps around the baby’s neck
Baby suffers oxygen deprivation during labor or delivery

Trauma at birth happens at an alarming rate across the United States, and as Philadelphia birth injury lawyers, we can help you take action against those responsible for negligence. Golomb Legal has helped countless families find compensation for the medical costs and other inconveniences caused by birth trauma and birth injuries.

Birth defects

Birth defects often are linked to the child’s genetic makeup, and may be considered a genetic abnormality. It can affect the baby physically or his or her mental functions. The mother’s health during the pregnancy, the types of medications that she is taking, and other health risks, can also affect whether or not a baby may be born with a birth defect.

Some common examples of birth defects include:

Club foot
Spina bifida
Down syndrome
Cleft lip or palate
Congenital heart problems

Doctors have the responsibility of discussing any birth defects with parents before the baby is born. It is important that parents understand this, especially if they had been expecting to have a healthy baby.

Escalating Medical Costs & Long-Term Care from Birth Injuries

When an infant is injured, the resulting medical care expenses can be catastrophic. Children with hypoxic brain injuries or cerebral palsy may require a lifetime of care, disability equipment, and medications. Even minor birth injuries will often require extensive time in a neonatal intensive care unit and numerous follow up pediatric appointments. Even with insurance, medical care expenses and long-term care costs can be expensive.

It is estimated that the average lifetime costs for a baby with cerebral palsy is in the millions of dollars. This does not include extraneous costs, such as increased insurance premiums, reduced earning capacity, and parents’ lost wages.

Common Types of Maternal Birth Injuries

When it comes to childbirth, babies aren’t the only ones who can sustain severe injuries due to the negligence of physicians and hospital staff. American mothers face an exceptionally high risk of maternal injury during and after birth compared to other developed nations. According to an investigation conducted by USA Today in 2018, approximately 50,000 mothers suffer severe injuries during or after childbirth, roughly 700 of which die due to related causes.

Many such deaths and severe injuries occur due to the following treatable causes:

Hypertension

If not identified quickly and treated as quickly as possible, high blood pressure can cause new mothers to experience strokes, which can result in death. Medical professionals and hospital staff must remain vigilant in monitoring blood pressure before, during, and after birth, and they bear the responsibility to medicate mothers who are in the “danger zone” in order to avoid seizures and prevent death.

Hemorrhaging

Severe blood loss causes hundreds of maternal deaths every year, despite being preventable in 90 percent of recorded cases. In order to behave responsibly, hospitals and doctors are required to conduct regular training and drills, remain stocked up on materials and tools needed to stop bleeding, and regularly evaluate new and delivering mothers for hemorrhaging.

At Golomb Legal, we understand the heavy weight of responsibility doctors and hospital staff members bear when delivering babies and providing post-partum care for new mothers. We have served many families who have been adversely affected by the inattention or inappropriate action by obstetricians, nurses, and other parties who play a role in ensuring the safety and wellbeing of new mothers and their children.

If you or someone you love has suffered maternal injury due to inadequately treated hypertension, hemorrhaging, or any other cause, connect with one of our Philadelphia birth injury attorneys as soon as possible and let us help you evaluate your legal options.

Call Our Philadelphia Birth Injury Lawyers for Help Today!

Your doctors, nurses and obstetricians owe you a certain standard of care. If your baby was born with an injury that could have been prevented or detected through proper screening, you deserve to be fairly compensated. Not because money will necessarily heal your new baby right away, but because their birth injury will likely require extensive and long-term medical care and that is expensive.

Your child and your family should not have to struggle because of someone else's negligence. Our experienced birth injury lawyer in Philadelphia has represented children and their families across the United States who has suffered horrific injuries as a result of a doctor or medical professional’s negligence.