Newborn up to 20 years old. Free birth injury case evaluation.
Initially, it may be more natural for families to think a child’s birth injury is genetic or unavoidable. On the other hand, what if the baby’s injury was due to a mistake? Mistakes, errors or other negligence by a doctor, nurse or caregiver can be considered for medical malpractice cases. That means, in Pennsylvania, a lawsuit can be filed from newborn up to the child’s 20th birthday.
Latona Law are birth injury attorneys, specialized in cases where negligence led to a severe infant injury. We have helped many families in the Wilkes-Barre/Scranton area, get justice for their child’s cerebral palsy, hypoxic ischemic encephalopathy, shoulder dystocia, erb’s palsy or other long-term condition.
According to the PATTCh, “Between 25 and 34 per cent of women report that their births were traumatic(1-7). A birth is said to be traumatic when the individual (mother, father, or other witness (8)) believes the mother’s or her baby’s life was in danger, or that a serious threat to the mother’s or her baby’s physical or emotional integrity existed.”
Birth Injury: Things to consider
- Injuries suffered by a baby can take place before, during, or after birth.
- Birth injuries happen during difficult deliveries, emergency c-sections or other out of the ordinary events, such as placental abruption.
- Consequently, oxygen to the infant’s brain may be restricted, ultimately causing the injury.
- If there were medical errors, your family may be able to recover compensation for damages. This includes past and current medical expenses, in addition to any future care required.
Birth Injury FAQ
What are common indicators of a infant injury?
First, a thorough investigation by our attorneys is required. On the other hand, there are some common indicators and situations where birth injuries most often occur. Also, due to the fragile state of the mother and infant, the standard of medical care provided is critical. Therefore, an investigation should be conducted as soon as possible if the child has cerebral palsy or other serious condition, in addition to the following:
- An emergency c-section where there may have been any lack of oxygen or injury to the infant
- A difficult natural delivery where the baby was stuck
- Any delivery that required a special procedure and there may have been a restriction of the baby’s oxygen
- The infant was rushed to the N.I.C.U.
- Doctors failed to test, or misread a test, at any point throughout the pregnancy.
- Immediately after birth the baby appeared to have blue or gray cast to their skin
Finally, there are many other indicators of a preventable birth injury, so do not delay. Contact Latona Law for a free consultation.
How long after birth can an injury be investigated?
The effects of a birth injury can take years before becoming evident. Often, parents suspect something may be wrong, but they do not know. Therefore, a pediatric evaluation is required.
Subsequently, if the child is diagnosed with a serious condition or disability, it does not mean there was a preventable birth injury. For example, the injury could happen as a result of the natural contractions and contortions of birth. However, there are ways to tell if the child’s condition is genetic or due to a preventable birth injury.
In addition, the statute in Pennsylvania is longer than typical medical malpractice cases. This is due to the possible delay in confirming the child’s condition. To clarify, in Luzerne, Lackawanna and surrounding counties, you have until your child’s 20th birthday to take legal action for their injuries. But, act as soon as possible to preserve any other rights you may have.
What is the first step if a birth injury is suspected?
Firstly, parents should contact the child’s pediatrician for medical advise when they realize CP or another condition may have been caused by a birth injury. Remember, it is extremely important that you contact our office before speaking to any representative from healthcare providers. For instance, anyone from the hospital, doctor’s office or any other medical provider that may have been associated with your child’s injury. Furthermore, should it turn there was negligence, anything you say to them might compromise your chance to file a claim.
Expert Birth Injury Lawyers in Wilkes-Barre
Latona Law’s free birth injury case consultations are available to families in the Wilkes-Barre/Scranton/Hazleton area. As a result, our lawyers have analyzed thousands of birth injury cases. We believe every birth injury deserves to be investigated. Often, people want to ask a few simple questions. On the other hand, some are already serious about taking legal action. Either way, you get the chance to speak with a local birth injury lawyer and get some answers you need.
Subsequently, should your family decide to file a legal claim, there are no cost or fees until we get compensation.
In addition, Latona Law provides rapid access to a network of doctor-lawyers, as well as other experts needed to prove liability in your case. We hold those responsible accountable. Finally, we provide the personalized attention and resources to get the justice your family deserves.