Parents often have the best vision for their child’s entry into the world. They believe that their doctors – well-trained and experienced – will ensure that the delivery goes according to plan. Even if complications arise, parents trust that the doctors will respond promptly and effectively. However, doctors can be negligent and fail to follow protocol.
Discovering a child’s birth injury can be shocking for parents. Both parents and their child suffer because of a birth injury, and both parties deserve justice. A birth injury attorney serving Pennsylvania from Ben Crump Law, PLLC, will fight for you and your child.
Doctors Can Sometimes Cause Birth Injuries
We as a society put immense stock in a doctor’s degree and experience. The fact is, doctors are humans – prone to errors. Per Johns Hopkins Medicine, medical errors are the third-leading cause of death in the United States.
Causes of Birth Injuries in Pennsylvania
An error in judgment, hesitation, or physical act could each cause a birth injury. Some common failures that may harm a newborn are:
- Failure to monitor the baby’s heartbeat
- Failure to monitor the mother’s health – especially when the mother has high-risk conditions like gestational diabetes or preeclampsia
- Failure to identify a child’s distress
- Reacting too slowly or inappropriately to a child’s distress
- Failure to order a Cesarean section (C-section) delivery
- Improper use of forceps, vacuum devices, or other medical instruments
- Failure to recognize an umbilical cord-related problem
- Inappropriate use of medications
Medical facilities may contribute to a doctor’s failures. To illustrate, they may not provide safe, functioning medical equipment or properly vet doctors and medical staff. Even if the medical facility commits no overt negligence, they may be liable for birth injuries on their premises.
It was the doctor and the medical facility’s job to protect your child. If either party acted negligently, they may be responsible for your damages.
Injuries That Can Arise From Medical Malpractice
Merck Manuals provides an extensive list of birth injuries. Among the listed conditions are nerve injuries, bone injuries, and internal bleeding. More specific injuries that our firm has witnessed in clients include:
- Spinal cord injuries
- Erb’s palsy
- Necrotizing enterocolitis (NEC) from baby formula
- Fractured collarbones
- Shoulder dystocia
- Brain injury
- Meconium aspiration
- Brain bleed
- Hypoxic-ischemic encephalopathy (HIE)/oxygen deprivation
- Bacterial meningitis/GBS positive
- Cerebral palsy
- Stillborn/death
- Other conditions
Our team works with medical professionals to understand your child’s injuries. An intimate knowledge of their condition will be necessary—we must understand what your child is experiencing.
A birth injury attorney with our firm should put your child’s welfare first. Ben Crump Law, PLLC, gives a voice to the voiceless, including victims of birth injuries in Pennsylvania.
We Hold Negligent Medical Professionals Accountable
We understand the challenges of practicing medicine. Even so, medical professionals make an implicit pledge when they agree to deliver your child: to do everything possible to protect the baby. When they don’t honor this pledge, justice is in order.
Our firm will represent you in legal proceedings. You can continue to focus on your child’s recovery. We will:
Speak with Your Child’s Doctors
With your consent, they may provide all relevant medical records. These records will detail your child’s injuries and may indicate the source of those injuries. Your child’s doctor may provide additional testimony about possible negligence.
Obtain Witness Accounts
One or more witnesses may have seen an act of negligence. Witness testimony can be a compelling feature of a birth injury case. We will interview any witnesses who may be a benefit to your case for justice.
Retain Medical Experts
Medical experts may help us:
- Interpret complicated medical concepts and terminology
- Identify any negligence that caused your child’s injuries
- Prepare for interactions with attorneys for defendants in your case
File Your Injury Case
We handle every part of your case. This includes filing the case itself. We’re familiar with the filing process and will submit your case to the proper court.
Lead Settlement Talks
Talks of “settling” are not something parents generally worry about. You’re concerned about your child getting better, naturally. We will lead settlement negotiations for you, handling a process that is necessary but not necessarily easy.
If we cannot agree to a settlement, then we will go to trial. Our goal with a financial recovery is to:
- Provide financial assistance for medical care, counseling, and other services that your child will need
- Enact a measure of justice for the harm your child has suffered
- Establish a record so that others are aware of the defendants’ negligence
Medical malpractice must not go without consequence. Nothing will undo your child’s injuries, but our firm will seek the best possible outcome from an extremely difficult situation.
What Kind of Settlement May Birth Injury Victims Receive?
Settlements in birth injury cases should reflect the losses that the family experiences. Those losses may include:
- Pain and suffering (for both parent and child)
- The cost of medical care, medical equipment, medications, surgery, rehabilitation, and other medical costs
- Counseling for emotional anguish and other trauma
- Lost wages and diminished earning power – parents may leave their career to help care for their child
- Additional losses
Victims are humans. They suffer in unique ways. Because each case is unique, we take the time to speak with victims, understand their losses, and create a case strategy. We will exercise empathy throughout the legal process.
Call Ben Crump Law, PLLC, Today About Pursuing Justice
Birth injuries can put families under great strain—emotionally, time-wise, and financially. We represent birth injury clients without any upfront fees. You provide us no compensation unless we win for your child. Give Ben Crump Law, PLLC, a call today at (844) 998-2554 for your free consultation.
A birth injury lawyer on our team can be a guiding light for your family. Let us help you fight for your child through the Pennsylvania legal system.
