Birth Injury Attorney in Philadelphia

A lawyer in our Philadelphia office could handle lawsuits on behalf of families whose children were injured due to a healthcare provider’s negligence. But, It is important to note that not every medical mistake or poor outcome is necessarily grounds for a lawsuit. The doctor or hospital must have been negligent in causing the child’s injury.

A member of the medical community acts negligently if he or she deviates from the accepted standards of care. For instance, assume an obstetrician observes that the child is too large to pass through the birth canal safely. Instead of ordering a C-section, he proceeds with a natural birth and the child is born with cerebral palsy. Because the doctor failed to order a C-section – something another obstetrician would have done in a similar situation – the family may be able to file a lawsuit. Other examples of negligence on part of the delivery team can include:

• Cutting the umbilical cord before the child can breathe on his or her own
• Failing to detect a prolapse or knotted umbilical cord
• Pulling too hard on the child during a difficult delivery
• Failing to monitor the child’s heart rate
• Misusing vacuums or forceps

Our birth injury attorneys handle cases involving cerebral palsy, Erb’s palsy, brain damage, brachial plexus palsy, shoulder dystocia, Klumpke’s palsy and spina bifida, among others.

If your child was injured at birth due to another’s negligence, our attorneys may be able to help your family file a lawsuit. Our attorneys will first need to investigate the circumstances surrounding the delivery and collect evidence, including your medical records, to determine whether legal action can be taken. We may also work with medical experts to determine how the actions (or lack thereof) of the delivery team contributed to your child’s injuries.

If we believe your child’s injuries resulted from the doctor or hospital’s negligence, we may file a legal document in court, known as a complaint, that will outline the details of your case and the damages you are seeking. This officially starts your lawsuit. Each case is different and many lawsuits settle before trial. The attorneys at Morgan & Morgan, however, have established themselves as prominent trial lawyers who are not afraid to go to court to get their clients the compensation they deserve.

Unfortunately, there is no definitive answer to this question. If your case is successful, the amount of your final settlement or jury verdict will depend on the specifics of your case. These include the severity of your child’s injury and how long he or she will require medical care. Common damages awarded in birth injury lawsuits include:

• Emotional and physical pain and suffering
• Medical expenses, including the cost of surgeries, medications and doctor visits
• Physical and occupational therapy
• Home modifications
• Special education expenses

At Morgan & Morgan, our birth injury clients only pay if we win their case. This amount is typically a portion of the final verdict or settlement. If your child was born with cerebral palsy or another type of birth injury, contact Morgan & Morgan today and find out how we can help.