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When Medical Negligence Causes Birth Injury ...

Birth injuries occur in nearly seven out of every 1,000 births each year in Philadelphia and across the United States. Sadly, many of these birth injuries were avoidable. A doctor may have failed to order a necessary cesarean section, or a nurse neglected to monitor vital signs. Perhaps a hospital staff person or technician acted carelessly when caring for your newborn. If you believe medical negligence or misconduct resulted in your child's birth injury, it is time to consider taking legal action.

Do You Have a Valid Medical Malpractice Lawsuit?

The first question to consider is whether your situation meets the criteria for a valid medical malpractice claim. In order to pursue a lawsuit, there needs to be clear evidence of a breach of the standard of care, which requires medical professionals to exercise caution and diligence when caring for a patient.

The birth injury must have resulted from a specific act of negligence or misconduct, including, but not limited to:

  • Failure to monitor the baby
  • Medication errors
  • Misuse of a medical device
  • Failure to recognize signs of fetal distress
  • Prolonged labor
  • Failure to warn of pregnancy risks or genetic defects

Who Is Liable for the Birth Injury?

Once it is determined that a negligent action contributed to your child's Erb's palsy, cerebral palsy or another birth injury, the next step is to determine who is liable for your child's injury. As a parent, it can be difficult to think back to the labor and remember details, but consider whether you thought anything was strange. Did a doctor and nurse look worried when the baby was born? Was your child rushed away after the delivery? Did you feel like your labor was taking too long, or that you should have been checked in on more frequently?

A medical malpractice lawyer can help you sift through the memories and facts of the situation, and eventually, pursue the compensation you need to move forward. While no amount of compensation will reverse the damage of a birth injury, it can ease the stress and worry of providing the resources you need to raise a child with special needs.

Learn More About Taking Legal Action

Medical providers cannot be held liable forever, and the longer you wait, the less opportunity there is to gather important evidence needed to prove your case. However, you do have up until two years following your child's 18th birthday. You can consider taking legal action, even if your child is older.

The Birth Injury Team is a subsidiary of Silvers, Langsam & Weitzman, P.C., made up of experienced attorneys and medical professionals. Our lawyers have more than 100 years of combined experience handling birth injury cases. We are dedicated to helping parents understand their child's condition and guiding them through the process of securing the care and support they need.

To discuss your needs with one of our professionals, contact our office, in Philadelphia, Pennsylvania. Because we serve clients nationwide, we invite inquiries from parents and other lawyers throughout the United States.


Located in Philadelphia, Silvers, Langsam & Weitzman, P.C., home of MyPhillyLawyer, serves clients in Philadelphia County, Pennsylvania, and throughout the United States.

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