Having a baby can be one of the most exciting moments of your life. However, sometimes things can go wrong during the pregnancy or delivery, resulting in a birth injury. If your child has suffered from a birth injury in Pennsylvania, you may be entitled to compensation. This article will provide an overview of Pennsylvania birth injury lawsuits, including how they work, what damages you may be entitled to, and how to file a claim.
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What is a Birth Injury?
A birth injury is any injury that occurs to a newborn during labor or delivery. Birth injuries can be the result of medical malpractice, meaning that a doctor, nurse, or hospital staff member did something wrong or failed to take appropriate actions during the birth process.
Some common types of birth injuries include:
- Cerebral palsy
- Erb’s palsy
- Brain damage
- Shoulder dystocia
- Fractured bones
- Oxygen deprivation
- Facial paralysis
Proving a Birth Injury Lawsuit in Pennsylvania
To win a birth injury lawsuit in Pennsylvania, you will need to prove that the healthcare provider or facility was negligent and that this negligence caused your child’s injury. Negligence means that the healthcare provider or facility failed to meet the standard of care that would be expected of a reasonably competent medical professional under similar circumstances.
To prove negligence, you will need to provide evidence such as medical records, witness statements, and expert testimony from medical professionals. Your attorney can help you gather this evidence and prepare your case.
Statute of Limitations for Birth Injury Lawsuits in Pennsylvania
In Pennsylvania, the statute of limitations for medical malpractice claims is two years from the date of injury or discovery of the injury. However, there are some exceptions to this rule, such as if the injury occurred to a minor. It is important to speak with an experienced birth injury attorney as soon as possible to determine if you are within the statute of limitations.
What Damages Are Available in a Birth Injury Lawsuit?
If you win a birth injury lawsuit in Pennsylvania, you may be entitled to several types of damages, including:
- Medical expenses (past and future)
- Lost income (for the child and parent/caretaker)
- Pain and suffering (for the child and parent/caretaker)
- Emotional distress
- Loss of enjoyment of life
It is important to note that Pennsylvania law has placed a cap on non-economic damages. Currently, the cap is set at $500,000 but can increase in certain circumstances.
How to File a Birth Injury Lawsuit in Pennsylvania
If you believe your child has suffered a birth injury due to medical malpractice, you can file a lawsuit against the healthcare provider or facility. The first step is to contact an experienced birth injury attorney who can review your case and help you determine if you have a valid claim.
Your attorney will help guide you through the legal process, which will typically involve the following steps:
- Filing a complaint with the court
- Serving the complaint on the defendant(s)
- Discovery (gathering of evidence)
- Mediation/negotiation (attempt to settle the case)
- Trial (if a settlement cannot be reached)
Conclusion
Birth injuries can have a devastating impact on a family. If you believe your child has suffered a birth injury due to medical malpractice, it is important to speak with an experienced birth injury attorney as soon as possible. Your attorney can help you determine if you have a valid claim and guide you through the legal process. Remember that there is a statute of limitations for medical malpractice claims, so it is important to act quickly. With the right legal help, you can seek the compensation your family deserves.