Pennsylvania Birth Injury Lawsuit
How Do I Know When to File a Birth Injury Lawsuit?
It’s not easy to know when it makes sense to file a lawsuit. Medical malpractice and birth injuries can be particularly complicated and confusing, especially when you’re recovering. The best way to clarify your next move is to talk to a lawyer. For example, it may make sense to file a lawsuit if:
- Your baby has serious and costly injuries from childbirth.
- You believe or know that a doctor or other medical professional made a mistake to cause these injuries.
- Your expenses are high, and you expect to have more related costs in the future.
- Your child’s injuries are likely to lead to lifelong disabilities that will impact their quality of life.
- Your baby died as a result of birth injuries.
What Are the Steps in a Pennsylvania Birth Injury Lawsuit?
If you hire a lawyer and decide to file a lawsuit, the process could take months or years. All cases follow the same basic steps, but some are more complicated and take longer than others to resolve. It helps to know what to expect when filing a birth injury lawsuit:
- Filing a complaint
The first step is to file a complaint to make the lawsuit official. This document goes to the appropriate Pennsylvania court and notifies the defendants. - Building a case
With the lawsuit filed, each side’s legal team can build a case. This involves investigating the incident, working with medical experts, talking to witnesses, and holding depositions. - Negotiating a settlement
Most medical malpractice cases end here. Defendants’ insurers are typically ready to negotiate and agree on a settlement to save on the costs of going to court. Your lawyer will negotiate on your behalf, but you get to decide whether or not you accept the offer. - Going to trial
If you do not accept it, you can take the defendants to court. Here, a jury will decide if the defendants were negligent and owe you compensation. - Appealing
Your case may not end with a jury award. The defendants may ask a higher Pennsylvania court to overturn the decision with an appeal. Your lawyer will fight the appeal.
What is the Statute of Limitations for a Birth Injury Lawsuit in Pennsylvania?
The statute of limitations on all personal injury cases in Pennsylvania is two years. Talk to a lawyer as soon as possible, so you do not miss this important deadline. Extensions allowed by the courts are rare.
What Does My Lawyer Need to Prove Negligence?
Proving negligence sounds simple. You must show that someone breached a standard duty of care, resulting in injuries and expenses. With medical malpractice, and especially birth injuries, proving negligence can be very complicated.
Your lawyer will work with medical experts to establish a standard of care. This is what another doctor would reasonably have done in the same situation. They will then need to show that your doctor or another care provider deviated from this standard.
Lawyers use medical experts, your testimony and witness testimony, and medical records and bills to prove negligence. In some cases, negligence is clear-cut. In others, there are complicating factors.
How Much is My Case Worth?
The amount of damages you may be able to recover in your lawsuit depends on many factors. In terms of Pennsylvania laws, the only rule that will impact your damages is shared fault. This rule, used in court, reduces a jury award if you have any blame for the incident. You can still recover damages as long as your fault doesn’t exceed 50%.
More important for determining damages are individual factors in your case:
- The severity of the injuries
- The potential for lifelong disabilities
- How those disabilities will affect your child’s quality of life
- Medical bills
- Expected future medical bills and other expenses
- Lost wages and lost future earnings if you cannot work because of your child’s care needs
Examples of Pennsylvania Birth Injury Lawsuits
Take a look at these real examples of birth injury cases from around the state to get an idea of what the right lawyer could do for your family:
- $41.6 Million Award for Severe Brain Injury. Christina Late and Nathan Armholt of Chambersburg received the largest verdict in the history of Pennsylvania’s Middle District in 2016. The jury found that a doctor was negligent in misusing forceps to deliver Late’s baby. His action left the baby with serious brain damage resulting in permanent disabilities and a need for lifelong care.[1]
- Undisclosed Settlement for NICU Infection. Several infants developed infections in the neonatal intensive care unit at Danville’s Geisinger Medical Center in 2019. One baby was left with permanent brain damage from the infection, and three died. The families sued the medical center, which agreed to a settlement and admitted fault.[2]
- $11 Million Jury Award for Injuries to the Mother. A jury in Bucks County awarded the mother a substantial award in a case of a botched delivery. Stephanie Giberson requested a C-section for her second delivery because of serious complications during the birth of her first child. Doctors did not comply with the request. Giberson once again had complications resulting in lacerations and incontinence. Her baby was not breathing when born but did recover.[3]
There is no way to predict exactly what will happen in your case, but these illustrate the power of having the right attorney. Take your time hiring the right lawyer or firm to ensure your child has the best possible outcome. You will need the compensation from a lawsuit to provide them with care for years to come.