Birth Injury Lawyer West Chester

The joy of welcoming a child should never be overshadowed by a preventable medical error. If your baby suffered harm due to a doctor’s negligence, you have the right to seek justice. At Kingbird Legal, our birth injury claims lawyer understands the devastating impact of birth injuries and is prepared to fight for the compensation your family deserves. Reach out today at 484-289-4880 for a free consultation to discuss your case.

Holding Medical Providers Accountable for Preventable Birth Injuries

The birth of a child should be a joyous occasion, but when a medical mistake causes harm to a newborn or mother, the experience can quickly turn tragic. Birth injuries can lead to long-term complications that affect a child’s health, development, and quality of life. If a medical provider’s negligence caused your child’s injury, you may have the right to seek compensation through a birth injury claim. Understanding how these claims work can help families get the financial support needed for medical care and future needs.

What Causes Birth Injuries

Not all birth injuries are the result of medical negligence. Some complications are unavoidable. However, when doctors, nurses, or hospitals fail to provide proper care during pregnancy, labor, or delivery, preventable injuries can occur. Some of the most common causes of birth injuries include:

Failure to monitor fetal distress – If a baby is in distress and doctors do not act quickly, oxygen deprivation or other complications can lead to serious harm.
Improper use of delivery tools – Forceps or vacuum extractors must be used correctly. Improper technique can cause skull fractures, nerve damage, or brain injuries.
Delayed cesarean section – If a doctor waits too long to perform a C-section when the baby is in danger, severe complications can arise.
Medication errors – Giving the wrong dosage of labor-inducing drugs can lead to excessive contractions and oxygen deprivation.
Failure to detect infections – Undiagnosed maternal infections can pass to the baby and cause severe health issues.
Excessive force during delivery – Mishandling a baby during birth can result in nerve damage, fractures, or other injuries.

When medical providers fail to recognize warning signs or make critical mistakes, families are often left to deal with the consequences.

Common Birth Injuries That Result from Medical Negligence

Birth injuries vary in severity. Some are temporary and heal with time, while others lead to lifelong disabilities. Some of the most common injuries in birth injury claims include:

Cerebral palsy – Often caused by oxygen deprivation or brain damage during birth, this condition affects movement, muscle tone, and coordination.
Erb’s palsy – This nerve injury, caused by excessive pulling on a baby’s arm during delivery, can result in weakness or paralysis in the affected limb.
Brain injuries – Lack of oxygen or physical trauma during birth can cause developmental delays and cognitive impairments.
Fractures – A broken clavicle or other bones may occur due to excessive force during delivery.
Facial nerve damage – Improper use of forceps can lead to facial paralysis, which may be temporary or permanent.

Injuries like these often require ongoing medical treatment, therapy, and specialized care. A birth injury claim can help families recover compensation to cover these costs.

How to Prove Medical Negligence in a Birth Injury Case

For a successful claim, it must be shown that a medical provider’s actions fell below the accepted standard of care. The legal process generally involves:

Establishing a doctor-patient relationship – The provider must have been responsible for the mother’s or baby’s care.
Proving negligence – It must be shown that the provider failed to act as a reasonably competent medical professional would under similar circumstances.
Linking the negligence to the injury – The harm suffered must be directly caused by the provider’s actions or failure to act.
Demonstrating damages – The injury must have resulted in medical expenses, pain and suffering, or other measurable losses.

Medical malpractice cases require strong evidence. A birth injury attorney will gather medical records, consult experts, and build a compelling case to prove negligence.

Steps to Take

If you believe your child’s injury was caused by medical negligence, taking the right steps can protect your legal rights.

Seek medical evaluation – If you notice developmental delays, muscle weakness, or other concerns, consult a specialist for a full assessment.
Request medical records – Obtain copies of prenatal care records, labor and delivery notes, and any neonatal treatment documents.
Document symptoms and treatments – Keep a record of your child’s medical appointments, therapies, and any changes in their condition.
Consult a birth injury lawyer – An attorney can review your case, determine if negligence played a role, and advise you on your legal options.

Many birth injuries do not become fully apparent until months or years after birth. In Pennsylvania, the statute of limitations for medical malpractice cases is typically two years, but exceptions may apply in cases involving minors. Consulting a lawyer as soon as possible can help ensure deadlines are met.

Compensation Available in Birth Injury Claims

Birth injuries often require extensive medical care and long-term support. A birth injury claim can help families recover compensation for:

Medical expenses – This includes hospital stays, surgeries, medications, and ongoing therapies.
Rehabilitation costs – Physical therapy, occupational therapy, and speech therapy may be necessary for the child’s development.
Assistive devices – Some children may need wheelchairs, braces, or communication devices.
Home modifications – If a child has mobility issues, modifications like wheelchair ramps may be required.
Pain and suffering – Compensation may be awarded for the emotional and physical impact of the injury.
Future lost earnings – If the child is permanently disabled, financial compensation may account for lost future earning potential.

Each case is unique, and the amount of compensation will depend on the severity of the injury and its impact on the child’s life.

Why You Need a Birth Injury Attorney

Hospitals and insurance companies often fight birth injury claims aggressively. They may try to deny responsibility or offer a low settlement that does not cover long-term needs. An experienced birth injury lawyer can:

Investigate the case and gather critical medical evidence
Work with medical experts to prove negligence
Handle negotiations with insurance companies
Advocate for your family in court if necessary

Having legal representation increases your chances of securing the compensation needed to provide the best possible care for your child.

Your Child Deserves Justice – Consult a Birth Injury Claims Attorney

A birth injury can have lifelong consequences, but you don’t have to navigate this difficult situation alone. Kingbird Legal’s birth injury claims attorney is dedicated to helping families secure compensation for medical care, therapy, and future needs. Call 484-289-4880 today for a free consultation, and let us help you seek the justice your child deserves.