The birth of a child should be one of the happiest times in the lives of parents.
Unfortunately, when a birth injury is involved, it becomes one of the saddest and most challenging times. Parents who have an infant injured during pregnancy, labor or delivery often feel overwhelmed. They are angry, sad and confused.
At Rosenn Jenkins & Greenwald LLP, we understand how overwhelming the situation can be. While our lawyers cannot take away the sadness, we can give you some answers about legal action. By seeking justice through holding negligent doctors and hospitals accountable for the harm, we find that many families begin moving forward. These families gain valuable resources through favorable settlements or jury verdicts, which they use to help their children live as full and happy lives as possible. Contact us today or call our office at 570-826-5600 to schedule a free consultation with a birth injury lawyer at our firm.
Handling Many Different Types of Birth Injuries
Infants can suffer many different types of birth injuries caused by delivery room negligence:
- Forceps and vacuum pump injuries — including cuts and bruising
- Facial paralysis — nerve damage from pressure on the face during delivery
- Fractures — usually of the collarbone, arms, legs and skull
- Erb’s palsy — paralysis caused by damage to nerves that control movement in the arms, hands and fingers
- Shoulder dystocia — the infant’s shoulder is lodged behind the pubic symphysis and can create a life-threatening situation for the child
- Cerebral palsy — oxygen deprivation that leads to brain damage and loss of muscle function
- Brain damage — brain injury usually caused by oxygen deprivation
The Law on Birth Injury Cases
In birth injury cases, more than one person often shares liability for the harm caused. The obstetrician may be responsible for failing to follow the standard of care used by similar doctors during delivery. Nurses and other health care providers may also be responsible. The hospital itself may be held liable as well.
Not all birth injuries are caused by medical malpractice. In order to win your case, your attorney will have to prove that the birth injury was most likely caused by your doctor’s, nurse’s or hospital’s actions during the birth of your child. The court will consider the type of care and skill provided by other doctors in the same or similar situations, and whether or not your doctor’s actions were like that care. The court will also consider medical evidence of the birth injury. If your doctor had not acted incorrectly, would the birth injury have occurred?
It is a complicated matter, but the attorneys at Rosenn Jenkins & Greenwald LLP are experienced and knowledgeable. For five decades, we have been representing clients throughout Pennsylvania and the northeast in serious and complex litigation. We are well prepared to handle even the most complex birth injury cases.