Birth Injuries in Pennsylvania

Birth injuries can lead to significant medical expenses, long-term care needs, and emotional distress for families. In Pennsylvania, parents may pursue compensation if medical negligence contributed to their child’s condition. 

This compensation is essential to cover a spectrum of damages aimed at fulfilling your child’s current and future necessities. In New Castle, our dedicated birth injury attorneys support families through this intricate procedure, ensuring they secure the compensation rightfully owed to them.

Economic damages are crucial and often cover medical expenses, including past and future treatment, rehabilitation, and any assistive devices your child may require. These damages ensure you can access the necessary care without financial strain. Additionally, compensation may include costs for special education services and modifications to your home or vehicle to accommodate your child’s needs.

Non-economic damages address the emotional and psychological toll of a birth injury. These damages encompass suffering, emotional distress, and a reduced quality of life. While assigning a monetary value to these losses can be difficult, they are crucial in recognizing the profound effect an injury has on your child’s overall well-being.

Punitive damages might be attainable in some circumstances, particularly if the healthcare provider’s acts were extremely careless or severe. These are meant to penalize the offending party and discourage future instances of the same behavior.

Our experienced Pennsylvania birth injury attorneys at Luxenberg Garbett Kelly & George P.C. work diligently to evaluate all potential compensation avenues and advocate for your family’s rights. Seeking legal assistance can help you better understand your options and take steps towards securing a stable future for your child.

Pennsylvania does not impose a cap on economic or non-economic damages in medical malpractice cases involving birth injuries. This means families can seek full compensation for medical expenses, lost earning capacity, and pain and suffering caused by medical negligence. However, some restrictions apply depending on the defendant involved and the nature of the claim.

• No Cap on Economic Damages – Families can recover the full cost of medical care, rehabilitation, lost income, and other financial losses resulting from the birth injury.
• No Cap on Non-Economic Damages – Compensation for pain, suffering, and loss of quality of life is not limited when the case is filed against a private healthcare provider.
• Punitive Damages – In cases involving reckless or intentional misconduct, Pennsylvania allows punitive damages.
• Government-Related Cases – If the case involves a government-run hospital or medical facility, compensation is capped at $250,000 per individual claim and $1 million per incident, as outlined under the Pennsylvania Sovereign Immunity Act.

These limitations highlight the importance of evaluating all potential sources of compensation when pursuing a birth injury claim.

Statute of Limitations in Birth Injury Cases in Pennsylvania

Pennsylvania law places time restrictions on filing a medical malpractice lawsuit for birth injuries. The statute of limitations determines how long families have to take legal action.

• For Parents Filing on Behalf of a Child – Birth injury claims must typically be filed within two years of discovering the injury. However, Pennsylvania law provides an exception for minors, allowing a child to bring a claim up until their 20th birthday (two years after reaching the age of 18).
• Wrongful Death of an Infant – If a birth injury results in the tragic loss of a child, the statute of limitations for a wrongful death lawsuit is two years from the date of death.
• Government Entity Cases – If the claim involves a public hospital or government-employed doctor, a written notice must be provided within six months of the injury under the Pennsylvania Tort Claims Act.

Missing these deadlines can result in the loss of the right to seek compensation. Building a strong birth injury case requires extensive medical records, expert testimony, and legal analysis. The sooner families take action, the better the chances of preserving key evidence and securing the compensation needed for long-term care.

If your child has suffered a birth injury due to medical negligence, Luxenberg Garbett Kelly & George P.C. can assess your case, explain your legal options, and pursue the compensation your family deserves. Contact us today to discuss your claim before critical deadlines expire.

When a birth injury occurs, early action can be critical in addressing medical needs and determining whether negligence played a role. Parents should focus on securing medical care, documenting key details, and seeking legal guidance to protect their child’s rights.

Seeking Immediate Medical Attention

Medical care should always be the first priority if a birth injury is suspected. Some injuries may not be immediately visible, but prompt evaluation can help identify potential complications and begin necessary treatments.

• If an infant shows signs of distress, weakness, seizures, difficulty breathing, or abnormal reflexes, immediate medical intervention is needed.
• Pediatric specialists may conduct imaging tests, neurological assessments, or other evaluations to diagnose conditions such as cerebral palsy, brachial plexus injuries, or brain damage.
• Early treatment, including therapy or surgical procedures, may improve long-term outcomes and prevent further complications.

Documenting Medical Records and Events

Thorough documentation is essential in both medical treatment and legal cases involving birth injuries. Keeping accurate records can help determine whether medical negligence contributed to the injury.

• Request all medical records related to pregnancy, labor, and delivery, including fetal monitoring reports, Apgar scores, and any notes from doctors or nurses.
• Record details of any complications during labor or delivery, including delayed interventions, the use of forceps or vacuum extractors, or any concerns raised by medical staff.
• Maintain a journal of the baby’s symptoms, diagnoses, and treatment plans, noting any unexpected medical conditions or developmental delays.
• Save communications with healthcare providers, including discharge instructions, follow-up recommendations, or any conflicting statements made by medical staff.

Taking these steps can help protect your child’s future and hold negligent medical providers accountable. If you suspect a birth injury, Luxenberg Garbett Kelly & George P.C. can evaluate your case and guide you through the legal process. Our team is committed to helping families secure the resources needed for their child’s care and well-being. Contact us today for a consultation.

At Luxenberg Garbett Kelly & George P.C., we understand just how difficult this time is for you and your family. Our attorneys can help you secure the justice you deserve and the monetary resources you need to ensure your child gets the best possible medical care. We want to assist you in enabling your child to live a full and meaningful life.

Attorney Charles Garbett and Attorney Lawrence Kelly of LGKG are Board-Certified Civil Trial Specialists by the National Board of Trial Advocacy, meaning they have achieved a higher level of legal expertise and distinction. Additionally, several of our team members have earned the prestigious AV® Preeminent Rating from Martindale-Hubbell®, as well as inclusion in the Pennsylvania Super Lawyers® list multiple years in a row. 

We have earned a reputation as aggressive advocates for our clients, and insurance companies know that we try cases—and have the resources to win. Our experience includes representing a mother diagnosed with preterm labor who was not given drugs to delay delivery, nor were drugs administered to help the premature infant’s lungs develop. Both are accepted standard procedures. The baby suffered a brain injury from hypoxia (lack of oxygen) and ultimately died. After a five-day trial, the jury returned a six-figure verdict against the doctor and hospital for obstetric malpractice. This is just one example of the many birth injury cases we have successfully handled in our decades in practice.

We consult with experts in sonography (ultrasound), natural delivery and cesarean section, premature birth, and other specialties to determine the specific breach of medical standards that led to the birth injury or death. We also hire economists who can project the likely future earnings of a baby who died or is permanently disabled.

Most of all, we strive to be a reliable source of guidance and counsel for our clients. We know that you have questions; our goal is to provide the answers you need to make empowered decisions about your case and your child’s future.