The dedicated legal team of Caputo & Mariotti
Scranton birth injury lawyers
There are not many things that are more special than the birth of a child. As parents, we want nothing more than to protect our children. Throughout the pregnancy, parents make sure the medical staff will be on their “A Game” when the time comes. However, when medical professionals make the slightest mistake, it could lead to the gravest of consequences. Negligence by a medical professional or healthcare provider can be grounds for a birth injury lawsuit.
If you believe your child’s injury or condition is the result of negligence during his/her birth, there are legal options available. Contact a Scranton birth injury lawyer at Caputo & Mariotti to get the compensation they deserve.
What Type Of Birth Injury Cases Happen In Scranton, PA?
Whether you go to Moses Taylor, Geisinger, or Regional, birth injury as a result of medical malpractice can occur at any Scranton medical facility. Infants can be injured while being carried by their mother during pregnancy, during labor, and immediately after delivery. As you can imagine, these injuries have varying degrees of severity and their effects can vary as well. Although many birth injuries are just simple bumps and bruises that will go away in time, some injuries can have lasting damages the child will never be able to recover from.
Some of the more common life-altering birth injuries include:
- Cerebral Palsy
- Brachial Plexus or Erb's Palsy
- Nerve injuries
- Brain injury or skull fracture
- Swelling and bruising of the head
- Premature labor
- Injuries to the spinal cord
- Damage to a baby’s blood vessels in the eye
- Spina Bifida
- Emergency C-Sections
- Bone injuries and fractures
- Perinatal Asphyxia
- Permanent scarring
Why Do Birth Injuries Happen?
Injuries during birth aren’t uncommon. According to Stanford Children’s Health, birth trauma is more commonly found when non-traditional delivery methods are used. These include c-sections and when a vacuum or forceps are used in delivery.
Additionally, Stanford Children’s Health says birth injuries are more common due to the extremely large size of the baby or in babies that require premature birthing. The weight of the mother is also a contributing factor in birth injuries.
Fortunately, many newborns that experience minor injuries at birth get it resolved without treatment. However, there are instances birth injuries can be avoided yet are caused by the negligence of medical professionals.
Statistics show that in 2006, over 157,700 birth injuries affecting moms and their babies could have been avoided. These accounted for about half of all birth injuries that year.
Surely technology has improved making birth injuries less common now than ever. However, medical workers have an even greater responsibility to not be negligent on the job. This is because when negligence occurs, the damage done is far greater and impacts more than the patient.
What Causes Birth Injuries in Scranton?
When a birth injury occurs, it is usually the result of medical negligence -- a healthcare professional's performance has failed his/her standard of care. There can be a variety of reasons why medical malpractice occurs during birth; here are a few of the more common causes for negligence:
- Improper use of forceps or a vacuum: When a mother has problems during delivery or the child is positioned improperly in the womb, the medical professional may use forceps or a vacuum to help with the birth. Improper use can lead to damaging the child's head, neck, or chest.
- Delaying a Caesarian section: If the child is suffering from distress, an emergency C-session is ordered so the child can be delivered quickly. But if the delivery fails to recognize the danger the child is in or misses health issues the mother is experiencing, the C-section order could be delayed, putting both mother and child's lives at risk.
- Hypoxia: During childbirth, if the child is tangled up in the umbilical cord or there was damage to the placenta, hypoxia will occur. This means the child's brain is not receiving enough oxygen, leading to lifelong mental and physical disabilities.
- Undiagnosed or untreated illnesses: If the mother is suffering from an illness that was either misdiagnosed or untreated, this can have serious consequences for the child.
When Will You Notice The Effects Of A Birth Injury?
You will notice the effects of some injuries such as scarring quicker than other injuries. For example, the effects of cerebral palsy may not show until the baby becomes a toddler. As soon as you notice something may be off, it’s important to contract a Scranton birth injury lawyer.
The legal system in Pennsylvania understands the effects of birth injuries may not be evident for a while. This is why, according to Pennsylvania laws, when the child is the victim of a personal injury, they can make a claim on their injury until they’re 20 years old for injuries that happened before they were 18.
What If My Child Dies During Birth in Scranton, PA?
Of course, the most tragic form of a birth injury case leads to the death of an infant. For example, is the child is tangled in the umbilical cord, cutting off his air supply. The medical staff does not notice the child struggling to breathe until someone notices he is turning blue. Despite all their efforts, the child cannot be revived. Is this a case of a birth injury claim?
The answer is yes. If the infant's death could have been preventable, such as the medical team failing to action or an error in judgment, then it will be considered a case of medical negligence and legal action can be taken. The parents will be able to seek compensation not only to cover the medical costs, but funeral expenses, pain and suffering, and loss of enjoyment.
If you lost a child during delivery in Scranton, you need to speak with the Scranton birth injury law firm at Caputo & Mariotti right away to know your legal options.
What Are My Next Steps?
If you have any suspicion that the birth injury of your child, someone you love’s child, or someone you know was the result of negligence, the sooner you take action, the better. Contact a trusted Scranton birth injury lawyer at Caputo & Mariotti for a free consultation ASAP. With over 55 years of legal experience, their staff has spent decades recuperating damages for those who deserve it.
Your child's life is in your hands. Don't wait -- schedule a free consultation so our injury lawyers can understand your case and give our expert legal advice.