Philadelphia Birth Injury Lawyers
According to the Centers for Disease Control and Prevention (CDC), approximately 7 out of every 1,000 births in the United States result in a birth injury.
New life usually brings hope and joy but not always. Sadly, there are rare occasions when a newborn has a birth injury. It’s a traumatic, distressing and life-altering event for families.
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Hear From Our Clients
Bridget is the consummate attorney. She walked me through the process and stayed in touch with me while my claim processed. I knew I could call her anytime with any questions and she is up front and honest. I’m so grateful to have had her on my case.
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I am so thankful for Muller Brazil. My medical bills were taken care of which was the most important thing for me going forward. I feel like i got vip service ... Thanks again y'all.
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Leigh went above and beyond always for me on my case. She sent me updates often and made me feel important. Which is the case got overwhelming at times, Leigh always made me feel at ease and worked tirelessly for me. She is exceptional at what she does and concerns for her clients. Continued Blessings Leigh!
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What Are the Causes of Birth Defects?
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Birth injury lawyers specialize in helping families understand the legal process to seek justice and compensation. Although legal considerations may be the last thing on the mind of a parent, the potential compensation owed can help stabilize the situation somewhat. Birth defects arise from various factors, including genetic conditions, environmental influences, and medical negligence. Understanding these causes will help determine the appropriate legal recourse:
- Genetic Factors: Some birth defects are inherited from parents due to genetic mutations or chromosomal abnormalities.
- Environmental Factors: Exposure to harmful substances, such as certain medications, chemicals, or infections during pregnancy, can increase the risk of birth defects.
- Medical Negligence: Errors during prenatal care, labor, or delivery, such as improper use of medical instruments or failure to monitor fetal distress, can lead to preventable birth defects.
Recognizing the cause of a birth defect is necessary in establishing liability and seeking compensation for your child's injuries.
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What Does Medical Negligence Look Like?
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When filing a birth injury claim, several reasons behind the injury have legal precedence. These generally revolve around the concept of medical negligence or malpractice. Here are some of the primary reasons:
- Failure to Monitor: If healthcare providers fail to properly monitor the baby or the mother during pregnancy, labor, or delivery, resulting in harm. This includes not monitoring fetal heart rate or the mother's vital signs adequately.
- Delayed C-Section: Not performing a timely cesarean section when medically necessary can end in severe complications for both the mother and the baby. Delays in decision-making or execution can be grounds for a claim.
- Improper Use of Medical Instruments: The incorrect use of forceps, vacuum extractors, or other medical tools during delivery can cause injuries to the baby. This includes improper application, excessive force, or not using these tools when needed.
- Medication Errors: Administering the wrong medication or incorrect dosage to the mother during pregnancy or labor harms the baby. This includes anesthesia errors or administering drugs that negatively affect the baby's health.
- Failure to Diagnose and Treat Infections: If the medical team fails to diagnose or treat infections in the mother that are passed to the baby, it can lead to severe birth injuries.
- Prolonged Labor: Failing to address prolonged labor adequately, which results in oxygen deprivation and other complications for the baby, is a cause for a birth injury claim.
- Failure to Detect and Manage Fetal Distress: Not recognizing and appropriately managing signs of fetal distress, which can indicate oxygen deprivation or other immediate threats to the baby's health.
- Failure to Identify and Manage High-Risk Pregnancies: Not properly managing pregnancies that are high-risk due to factors like maternal age, pre existing conditions, or previous pregnancy complications.
- Improper Delivery Techniques: Using incorrect techniques during the delivery process that result in injury to the baby, such as excessive pulling or twisting.
- Failure to Communicate: Inadequate communication between the healthcare providers and the mother about the risks, benefits, and alternatives of different delivery methods or interventions.
In each of these cases, proving medical negligence involves demonstrating that the healthcare provider failed to meet the standard of care expected in the medical community, directly causing the injury. Expert testimonies, medical records, and evidence of deviation from standard practices are often used to support such claims.
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Types of Birth Injuries
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Birth injuries vary in severity and type, often resulting from complications during labor and delivery. Some common birth injuries include:
- Cerebral Palsy: A group of disorders affecting movement, muscle tone, and posture, often caused by brain damage before or during birth.
- Erb's Palsy: Nerve damage affecting the arm and shoulder, typically resulting from difficult deliveries.
- Fractures: Bone fractures, such as a broken clavicle, can occur during delivery, especially in large babies or complicated births.
- Hypoxic-Ischemic Encephalopathy (HIE): Brain injury caused by oxygen deprivation during birth, potentially leading to long-term neurological issues.
- Brachial Plexus Injuries: Damage to the network of nerves controlling the arm and hand, often due to excessive pulling during delivery.
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Symptoms and Long-Term Impacts of Birth Injuries
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Birth injuries lead to a range of symptoms and long-term impacts on a child's health and development. Some common symptoms include:
- Physical Impairments: Such as mobility issues, muscle weakness, or coordination difficulties.
- Cognitive Challenges: Including learning disabilities, memory problems, and difficulties with attention and concentration.
- Emotional and Behavioral Issues: Such as mood swings, anxiety, depression, and social withdrawal.
- Sensory Impairments: Including vision or hearing loss and sensitivities to light, sound, or touch.
- Speech and Communication Difficulties: Many children with birth injuries struggle with speech and language development.
What Are Common Damages in a Birth Injury Case?
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When pursuing a birth injury case, it's important to understand the types of damages that can be sought to obtain fair compensation for your child's injuries and your family's hardships. These damages may include:
- Medical Expenses: Birth injuries often require extensive medical treatment, including surgeries, therapies, and long-term care. Compensation can cover both current and future medical costs.
- Lost Wages and Loss of Earning Capacity: If a parent needs to take time off work to care for a child with a birth injury, compensation for lost wages will help. Additionally, if the child's earning potential is impacted, this can be considered in the damages sought.
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the birth injury can be significant.
- Rehabilitation and Therapy Costs: Many birth injury victims require ongoing rehabilitation and therapy to aid in their recovery and development.
- Special Education and Assistive Devices: Children with birth injuries may need special education services and assistive devices, such as wheelchairs or communication aids.
Why You Need a Birth Injury Lawyer
Processing the aftermath of a birth injury is overwhelming. Hiring a specialized birth injury lawyer from Muller Brazil can make a significant difference in your path toward justice and compensation. Here’s why you need a birth injury lawyer from our team:
- Expertise: Muller Brazil's birth injury lawyers have in-depth knowledge of medical and legal aspects related to birth injuries. Our team understands the challenges of these cases and will effectively advocate for your rights.
- Investigation: Our skilled lawyers will thoroughly investigate the circumstances surrounding the birth injury, gathering essential evidence such as medical records, expert testimonies, and witness statements.
- Negotiation and Litigation: Whether negotiating a settlement or representing you in court, Muller Brazil will fight to make sure you receive the compensation you deserve for medical expenses, future care needs, and emotional distress.
- Peace of Mind: With a dedicated lawyer from Muller Brazil by your side, you are able to focus on your child’s well-being while knowing that your legal matters are being handled professionally and efficiently.
Our Experience and Expertise
At Muller Brazil, we have a proven track record of successfully handling birth injury cases. Our experienced team of lawyers is dedicated to fighting for the rights of families affected by birth injuries. We have secured substantial settlements and verdicts, ensuring families receive the financial support needed for medical care and future needs. Understanding the emotional and physical toll a birth injury can take, we provide compassionate and personalized legal services, supporting you every step of the way.
Our team includes skilled attorneys and medical experts who collaborate to build strong cases. We carefully analyze medical records and work with leading specialists to get the best possible outcome for our clients. Many families have trusted Muller Brazil with their birth injury cases and have shared their positive experiences, appreciating our dedication, expertise, and the results we achieve. When you choose Muller Brazil, you are choosing a team that is deeply committed to helping you through this difficult time and securing the justice and compensation your family deserves.
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