Philadelphia Birth Injury Lawyer
Bringing a new child into the world is one of the most important experiences that any family can have. New parents should be able to trust that they will receive the highest quality care when giving birth.
Unfortunately, birth defects and injuries affect many infants in the Philadelphia area. While most are not intentional, when an injury results from a physician’s negligence, the victim and their family may be able to recover significant compensation.
You should not have to worry that your health care provider will be careless, reckless or otherwise negligent during the birthing process. If another person’s mistake has harmed your infant, a skilled Philadelphia medical malpractice lawyer can help.
Reach out to the knowledgeable litigators at Meirowitz & Wasserburg, LLP. Our legal professionals will fight diligently to recover the financial compensation that your family needs to move forward.
Quick Links
- Birth Rates and Injuries in Philadelphia
- What can a personal injury attorney do?
- What is the statute of limitations for Philadelphia birth injury claims?
- What types of compensation are available in Philadelphia birth injury claims?
- Who may be liable?
- How much does a birth injury lawyer cost?
- What makes Meirowitz & Wasserburg, LLP the best choice?
- Contact Meirowitz & Wasserburg, LLP Today
- Sources
Birth Rates and Injuries in Philadelphia
In the state of Pennsylvania, there were more than 130,000 births in 2020 alone. Of these births, nearly 20,000 took place in Philadelphia County.
With so many births in and around Philadelphia, some birth injuries are inevitable. However, many injuries are the result of preventable errors, mistakes and negligence, such as a health care provider’s improper use of forceps or vacuum extraction.
Errors during the birthing process can also lead to injuries for the birthing parent. In the past several years, an average of 18 pregnancy-related deaths have occurred in Philadelphia annually.
Whether they directly impact the mother or the infant, birth injuries are tragic. Oftentimes, they can result in long-term negative consequences. Birth injuries can leave a child permanently disabled, and sadly, some result in death. Common causes of infant mortality include:
- Deformations, chromosomal abnormalities and malformations
- Maternal complications during pregnancy
- Insufficient gestation or low birth weight
In 2018, there were more than 800 infant deaths in Philadelphia. This makes Philadelphia’s infant mortality rate higher than the U.S. national average.
If a physician’s negligence or carelessness has affected your family, you should not have to bear the resulting burdens alone. Reach out to a knowledgeable Philadelphia birth injury lawyer to seek justice.
What can a personal injury attorney do?
Even if you believe that you have a valid birth injury claim against a physician or medical care center, you may be uncertain about how to proceed. Seeking financial compensation for a birth injury involves many complex legal deadlines and requirements.
In the aftermath of a birth injury, it is normal for the affected family to feel overwhelmed and emotional. Your first priority should be the health and well-being of your family.
When you hire the compassionate legal team at Meirowitz & Wasserburg, LLP, we will carefully review the circumstances of your birth injury claim. Our attorneys will handle every requirement of your case, managing the following tasks to build the strongest claim possible for you:
- Collecting relevant evidence, including medical records
- Speaking with witnesses
- Consulting with experts and specialists
- Leveraging powerful evidence to prove medical negligence
- Accurately determining financial damages in your case
- Examining relevant laws and statutes
- Negotiating forcefully with the opposing party on your behalf
- Drafting and submitting all documents on time
- Filing litigation if negotiations fail
The victims of birth injuries in Philadelphia should not have to oversee these logistical requirements while they heal. The skilled team at Meirowitz & Wasserburg, LLP will ensure that you have the best chance possible of recovering the compensation that is rightfully yours.
What is the statute of limitations for Philadelphia birth injury claims?
A statute of limitations is a law that determines a legal time limit for certain types of civil lawsuits. Victims of wrongful actions must file their claims before the relevant statute of limitations expires. State governments decide statutes of limitations for various types of tort claims.
Pennsylvania residents must file medical malpractice claims within two years of the relevant incident. However, it can take time to build and file litigation seeking damages.
Failing to file suit in time will typically result in the court dismissing the case. If your family experiences a birth injury, it is critical to speak with an attorney as soon as possible. If the statute of limitations has passed, you may be unable to recover compensation.
The seasoned Philadelphia birth injury lawyers at Meirowitz & Wasserburg, LLP have plenty of experience fighting successfully for our clients. We know how to hold negligent medical care providers accountable for their actions. When you hire our firm, you can rest assured that we will meet the legal deadlines surrounding your case.
What types of compensation are available in Philadelphia birth injury claims?
Until it happens to them, most families are unaware of how birth injuries can result in steep costs and losses. Birth injuries can be devastating financially as well as emotionally.
While victims are curious about the amount of compensation they can hope to receive through a legal claim, each case is different and there is no standard amount that victims recover.
The value of your case will depend on many specific variables. In most birth injury claims, victims can pursue two distinct types of financial damages, known as “special” and “general” damages.
Special Damages
This type of financial compensation restores the victim and their family to their previous economic status. In other words, special damages make up for direct monetary losses from the birth injury.
Some common examples of special damages are:- Current and past medical expenses
- Expected long-term care needs
- Lost wages if the mother missed work
- Rehabilitation expenses for the injured child
- The child’s loss of eventual earnings
- Long-term loss of earning capacity
A lawyer will use relevant records, invoices and bills to determine the full financial cost of the birth injury. You should not be stuck with the economic damage that a negligent physician caused.
General Damages
Another name for “general” damages is “non-economic” damages. These compensatory payments make up for the intangible personal and emotional damage that birth injuries cause.
Some of the most devastating outcomes from a birth injury do not result in the loss of money. The experiences of the infant and their family are often very emotionally difficult and physically damaging.
Even those intangible negative outcomes that do not result in financial obligations can be grounds for recovery through a lawsuit. Some of the typical examples of non-economic damages in birth injury suits are:
- Pain and suffering of the infant
- Pain and suffering of the parent
- Emotional and mental anguish
- Psychological stress and trauma
- Post-traumatic stress disorder (PTSD)
It can be very difficult to calculate an appropriate amount of general damages in a tort claim. A skilled Philadelphia birth injury lawyer will ensure that you pursue the full amount of damages that you deserve.
Who may be liable?
In a birth injury case, many different parties may share liability for the harm to the infant or mother. Some of the most common responsible parties include:
- Physicians
- Surgeons
- Nurses
- Medical care facility administrators
Consult with one of the compassionate attorneys at Meirowitz & Wasserburg, LLP to determine liability in your birth injury suit.
How much does a birth injury lawyer cost?
Reputable tort attorneys offer contingency fee arrangements. With this payment style, you will not pay a single cent until your lawyer successfully settles or wins your birth injury case.
You should never hire a birth injury law firm that requires upfront payment of attorneys’ fees.
What makes Meirowitz & Wasserburg, LLP the best choice?
According to Philadelphia’s NPR and PBS public media affiliate Billy Penn, birth trauma and birth injuries are common at Philadelphia hospitals. When you face this devastating situation, it is critical to contact litigants who will provide you with the attention you deserve.
For premier representation in Philadelphia, reach out to Meirowitz & Wasserburg, LLP. The National Trial Lawyers has ranked Samuel Meirowitz as a Top 100 Trial Lawyer. We have a sterling track record of succeeding for our clients.
Contact Meirowitz & Wasserburg, LLP Today
The attorneys at Meirowitz & Wasserburg, LLP believe that all birth injury victims deserve justice. To schedule a free consultation with our firm, fill out the contact form on our website today. The sooner you have a legal professional representing you, the higher the likelihood that you will recover financial compensation.
Sources
- https://www.health.pa.gov/topics/HealthStatistics/VitalStatistics/BirthStatistics/Documents/Birth_Age_Cnty_2020.pdf
- https://www.phila.gov/media/20210322093837/MMRReport2020-FINAL.pdf
- https://www.health.pa.gov/topics/HealthStatistics/VitalStatistics/MaternalChildHealth/Documents/Maternal_and_Child_Health_Pennsylvania_2018.pdf
- https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.055.024.000..HTM
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