Questions About Birth Injury Lawsuits

I HAVE BEEN TOLD MY BABY SUSTAINED A BRAIN INJURY AT BIRTH. HOW DO I KNOW IF IT WILL BE PERMANENT?

This depends. Sometimes, these injuries can heal on their own over time. Other times, however, the child’s injury is determined to be so severe that he/she will require a lifetime of constant medical care due to the permanency of the injury. Objective studies such as MRI of the brain will help determine the type and extent of any brain injury. A review of the medical records is also critical, as it is necessary to know whether there were complications at birth and what were the newborn’s responses in the first moments of life. Follow ups with a pediatric neurologist are also recommended for all children who sustain a brain injury at birth.

For birth injuries, you have up to seven years to file a medical malpractice case (you have two years to files claims for harm done to you). You may not want to wait that long and it may not be practical. Care for a child with brain damage may be extensive and expensive. You may not be able to afford to wait years before filing a claim. A settlement or verdict can help pay for medical care and rehabilitation.

WHAT TYPES OF DAMAGES/COMPENSATION CAN BE AVAILABLE IN BIRTH TRAUMA/BIRTH INJURY CASES?

It depends on the facts of your case. You may be able to seek compensation for many problems and issues caused by the injury, including:

• Pain and suffering
• Payment for past and future medical and rehabilitation costs
• Costs of in-home care
• The child’s reduced enjoyment of life
• The child’s reduced future earnings.

If extreme negligence caused the injury, punitive damages may be awarded. They punish the party who caused your baby’s injuries and are meant to discourage them, and others, from doing the same thing in the future.

Typically, recoveries in cases involving birth injuries will be deposited into a Special Needs Trust or similar investment mechanism for the benefit of the child.

If you plan to file suit against your child’s medical providers, please know that the lawsuit on the child’s behalf can be filed up until the age of the child’s majority (18) plus an additional two years. That means the lawsuit must be filed by the child’s 20th birthday. Derivative claims for the parents must be filed two years from the date of the child’s birth.

MY BABY HAS A BRACHIAL PLEXUS INJURY TO HIS/HER ARM. HOW COULD THIS HAPPEN DURING DELIVERY, AND WHAT ARE THE CHANCES OF IMPROVEMENT LONG-TERM?

A brachial plexus injury occurs when there is damage to the network of nerves that send signals back and forth from the spinal cord to the shoulder, arm, and hand. In this type of injury, these nerves are stretched, compressed, ripped apart, or torn from the spinal cord. This injury could happen during delivery. How it happened, and whether it’s the result of medical malpractice, would have to be determined by a medical expert.

The chances of improvement depend on the severity of the injury. Nerves that are only stretched may recover by themselves. Physical therapy or surgery may be options. But it may be a long time, possibly years before you know how well your child recovers.

HOW IS IT DETERMINED IF A BABY HAS SUFFERED HYPOXIC ISCHEMIC ENCEPHALOPATHY (HIE), AND WHAT CHRONIC DISABILITIES DO BABIES WITH HIE TYPICALLY HAVE?

Hypoxic Ischemic Encephalopathy (or HIE) is a type of brain dysfunction that occurs when the brain lacks enough oxygen or blood flow for a period of time. Hypoxic means not enough oxygen; ischemic means not enough blood flow; and encephalopathy means brain disorder. HIE is typically diagnosed through a combination of medical history, physical and neurological exams, laboratory results, and neuroimaging (such as brain MRI). Brain damage from HIE can cause cerebral palsy, cognitive impairments, vision and hearing difficulties or loss, and motor difficulties. Often children born with HIE are also diagnosed with spastic quadriplegia, a form of cerebral palsy that means the loss of use of the entire body.

I DELIVERED A STILLBORN BABY AND I DO NOT KNOW WHY. WHAT SHOULD I DO?

Request that the hospital perform an autopsy or hire an independent pathologist to perform an autopsy. Please note that an independent pathologist can be expensive. Make sure to obtain a fetal death certificate and follow up with the pathologist or medical examiner that performed to autopsy to obtain preliminary and final autopsy reports. Make a request for the complete labor and delivery chart. Contact your lawyer.

WHAT TYPES OF EXPERTS ARE USUALLY NEEDED FOR A BIRTH TRAUMA OR BIRTH INJURY LAWSUIT? WHAT ARE MY FAMILY’S RIGHTS?

In birth injury cases, the following expert specialties may be retained to comment on various aspects of the case:

• OB/GYN
• Labor and Delivery Nurse
• Neonatologist
• Pediatric Neuroradiologist
• Pediatric Neurologist
• Placental Pathologist
• Pediatric Infectious Disease Specialist
• Nurse Life Care Planner
• Economist/Actuary
• Vocational expert

You have a right to seek compensation from those who caused your child’s injuries and harm to you. The best way to protect those rights are to contact our office so we can start discussing your case.

What causes birth injury?

Birth injury can be caused by unforeseen complications during labor, but severe birth injuries are often the result of medical malpractice. Common causes of birth injury include oxygen deprivation and failure to perform prompt, necessary surgical procedures such as a C-section. The injuries your child sustains due to this type of negligence could have been prevented if proper attention had been paid by attending medical staff.

How do I know if I have a birth injury lawsuit?

When your child suffers from a birth injury, your doctor may simply chalk it up to “complications” during delivery. While this is sometimes true, that can also be a convenient way to divert responsibility. When you contact the birth injury attorneys in Allentown at Wapner Newman regarding your child’s birth injury, our experienced Philadelphia medical malpractice lawyers will conduct a thorough investigation to help determine if negligence was the cause of the injury.

Will my child’s medical treatment be a consideration in a birth injury lawsuit?

Children who suffer birth injuries such as Erb’s Palsy or brain damage will require a life-time of expensive medical treatment. This will be a primary consideration in your birth injury lawsuit. Your family should not be forced to shoulder the financial burden of these medical expenses. Our personal injury lawyers will fight to ensure you are properly compensated, and that all of your child’s future medical expenses are covered.

Who is liable in a birth injury lawsuit?

Birth injuries may be caused by negligent medical staff or by medical equipment failure. In cases involving injuries such as hypoxia, a combination of factors might have resulted in your child’s injury. Our birth injury lawyers in Philadelphia have years of experience investigating these issues, and can help you hold the responsible party accountable for all of your damages.

Will my birth injury lawsuit need to go to trial?

Our medical malpractice attorneys approach all cases as if they were going to trial. We are prepared to negotiate a settlement but have a proven record of successful outcomes in litigation as well. We are entirely devoted to helping your family receive the justice you deserve, and we will take all steps necessary to ensure you receive the full compensation you are due.

If you live in Pennsylvania or New Jersey and have further questions about birth injury, please contact Wapner Newman today to schedule an initial consultation.

Identifying a Birth Injury

Identifying a birth injury is no easy task. In many situations, your child’s injury may not be evident until months or even years after delivery. However, there are some initial signs during childbirth that doctors and parents alike should be on the lookout for, including:

• Bruising, swelling, or abrasions on your child’s head, face, or shoulders
• Seizures that occur within 48 hours of birth
• The infant’s need for CPR or a breathing tube during delivery
• Failure to begin breathing immediately after delivery
• Loose or limp arms, indicating a lack of muscle tone

If any of these birth injury symptoms are present during or after your child’s delivery process, your doctor should work quickly to minimize any further damage that could occur. If your doctor fails to recognize and address these immediate signs of birth injury, or is found to have caused them through neglect, they can be held responsible for medical malpractice. An experienced birth injury lawyer can help you recover damages.

Birth Injury Signs Later in a Child’s Development

Sometimes, birth injury conditions like cerebral palsy will not show signs until later in a child’s development process. Parents should keep a watchful eye out for late birth injury symptoms at each stage of their child’s development. Some signs to watch for include:

• 1 Month Old – Suckles and feeds slowly; doesn’t blink when a bright light shines in their eyes; barely moves limbs and seems stiff or loose in the limbs.
• 3 Months Old – Doesn’t respond to loud noises; cannot grasp or hold objects; cannot support their head; doesn’t push down with their legs when their feet are on a firm surface.
• 7 Months Old – Seems stiff with overly tight muscles; cannot sit up without help; seems “floppy,” like a rag doll; cannot roll over.
• 1 Year Old – Doesn’t crawl; cannot stand, even when supported; cannot say single words like “dada” or “mama.”

Keep in mind that this breakdown of symptoms is only mean to be a basic guideline. If you suspect your child may be showing late signs of a birth injury, you should consult with a physician who can properly diagnose their condition.

If you believe your child has a birth injury that was caused by negligent medical care, our experienced birth injury lawyers can help. Please contact Wapner Newman today to schedule a free case evaluation with a medical malpractice attorney in Philadelphia.

Signs of a Birth Injury

Identifying a birth injury is no easy task. In many situations, your child’s injury may not be evident until months or even years after delivery. However, there are some initial signs during childbirth that doctors and parents alike should be on the lookout for, including:

• Bruising, swelling, or abrasions on your child’s head, face, or shoulders
• Seizures that occur within 48 hours of birth
• The infant’s need for CPR or a breathing tube during delivery
• Failure to begin breathing immediately after delivery
• Loose or limp arms, indicating a lack of muscle tone

If any of these birth injury symptoms are present during or after your child’s delivery process, your doctor should work quickly to minimize any further damage that could occur. If your doctor fails to recognize and address these immediate signs of birth injury, or is found to have caused them through neglect, they can be held responsible for medical malpractice.

Birth Injury Signs Later in a Child’s Development

Sometimes, birth injury conditions like cerebral palsy will not show signs until later in a child’s development process. Parents should keep a watchful eye out for late birth injury symptoms at each stage of their child’s development. Some signs to watch for include:

• 1 Month Old – Suckles and feeds slowly; doesn’t blink when a bright light shines in their eyes; barely moves limbs and seems stiff or loose in the limbs.
• 3 Months Old – Doesn’t respond to loud noises; cannot grasp or hold objects; cannot support their head; doesn’t push down with their legs when their feet are on a firm surface.
• 7 Months Old – Seems stiff with overly tight muscles; cannot sit up without help; seems “floppy,” like a rag doll; cannot roll over.
• 1 Year Old – Doesn’t crawl; cannot stand, even when supported; cannot say single words like “dada” or “mama.”

Keep in mind that this breakdown of symptoms is only mean to be a basic guideline. If you suspect your child may be showing late signs of a birth injury, you should consult with a physician who can properly diagnose their condition.

Brachial Plexus Injury Claims

The bundle of nerves that stretches from the spinal cord to the neck is known as the brachial plexus. During a vaginal delivery, complications such as shoulder dystocia can prevent your baby from passing smoothly through your birth canal. When this happens, the twisting of your baby’s head or bending of his neck can lead to damage or even the severing of this bundle of nerves. The end result of this type of birth injury can be partial or total paralysis for your child, but even in instances of minimal damage, surgical and rehabilitative treatment are almost always required.

Preventing Brachial Plexus Injuries

There are several indications of potential birth complications your doctor should look for during your pregnancy. Not all complications can be detected early, but your doctor should carefully monitor signs such as:

• Maternal weight gain
• Fetal weight
• Prolonged labor

Your doctor should pay close attention to these and other risk factors prior to your labor to help determine if potential complications may occur. Failure to properly detect these risk factors, or failure to act accordingly when complications present themselves, makes your doctor liable for any injuries your child incurs during delivery.

The Consequences of Brachial Plexus Injuries

Some infants recover from brachial plexus injuries – including Erb’s palsy – without medical intervention. The ability of your child to bend their arm at the elbow by six months is generally considered a sufficient indicator to determine the extent of the damage. However, even in children who show signs of improvement, surgical intervention may be necessary down the road, and developmental delays can be unavoidable.

Brain Damage During Birth

It may be hard to believe, but one out of every thousand births in the United States results in brain damage. According to the Center for Disease Control and Prevention, there are approximately 11,000 births in the United States every day. This means that on an average day, 11 children experience brain damage during birth that can result in expensive medical treatment and life-long disability.

Medical Negligence and Infant Brain Damage

An overwhelming majority of brain damage cases are the result of medical malpractice. Even before delivery, doctors should carefully monitor the mother for various indications of potential birth complications. During labor, constant monitoring of fetal health is necessary to detect oxygen and blood flow, and during delivery proper methods must be employed to prevent damaging the delicate bone structure of your baby’s head.

Unfortunately, on too many occasions the hospital staff is rushed and busy, leading to inattention and sloppy techniques. The end result of this type of behavior is often serious injury to your baby, profoundly altering their future quality of life, and burdening your family with the financial and emotional strain of a disabled child.

Symptoms of Brain Injury

In many instances, brain damage is not immediately recognizable. For this reason, many people never suspect birth injury as the cause of their child’s difficulties. As your child begins to develop, you may notice indications of brain injury, including:

• Slow development of motor skills
• Slow development of physical abilities
• Vision disorders
• Hearing problems
• Awkward positioning

Brain Damage During Birth

If you notice any of these symptoms, you should seek out medical advice as soon as possible. If brain damage or cerebral palsy is diagnosed, you may not know where to turn. This can be a confusing and distressing time, and you need someone on your side who can help provide answers and develop solutions for the financial and emotional consequences of your child’s injury.

Cerebral Palsy Claims

During a mother’s labor, fetal heart rate should be carefully monitored by the doctor and hospital staff. The health of your baby depends on him or her receiving the proper amount of oxygen at all times, both before and during your delivery. Fetal distress is easily detected with modern medical technology. When your baby shows signs of distress, it is the responsibility of medical personnel to act swiftly and accordingly, applying every medical solution possible to ensure a healthy delivery.

Sadly, medical negligence is common during delivery. Inattentive staff and malfunctioning equipment can fail to detect issues such as hypoxia, which can lead to brain damage, cerebral palsy, and even wrongful death. The life-long consequences your child could face due to this type of negligence are overwhelming. You deserve an aggressive birth injury attorney in Pennsylvania on your side who will fight to ensure the responsible party is held accountable, and that your family receives the compensation they are due.

Proving Medical Negligence

In medical malpractice cases, it can be difficult to prove negligence. Doctors and hospital staff may be evasive or flat out deny responsibility. When you come to the Philadelphia birth injury lawyers at Wapner Newman to discuss a cerebral palsy claim, our experienced legal team will get to work immediately investigating the cause of your child’s birth injury. In some cases, cerebral palsy may be the result of an infection or another unavoidable medical anomaly, but all too often this life-long disability is directly caused by negligent medical professionals. Our medical malpractice lawyers in Philadelphia can help you uncover the truth and establish a strong case to ensure your child’s needs are met in the years to come.

Experienced Cerebral Palsy Attorneys

The birth injury attorneys in Pennsylvania at Wapner Newman understand how difficult it can be for your family to cope with the financial and emotional burden of cerebral palsy. Because of this, our medical malpractice attorneys in Philadelphia are willing to visit you at home or in the hospital in order to discuss your claim. We are dedicated to helping victims of medical malpractice obtain the justice they deserve and will work with you to make the process of filing a claim as easy and convenient as possible.

If your child was born with cerebral palsy in Philadelphia or anywhere in Pennsylvania or New Jersey and you believe medical negligence may have been responsible, our birth injury attorneys in Pennsylvania can help you. Please contact Wapner Newman today to schedule a free initial consultation with a medical malpractice lawyer in Philadelphia.

Questions About Cerebral Palsy

What causes cerebral palsy?

When the motor control areas of a child’s developing brain are damaged, cerebral palsy can occur. The word “cerebral” refers to the brain, and “palsy” refers to impaired movement. Cerebral palsy can occur either during pregnancy, during the delivery process, or after a child’s birth up to age three. Besides experiencing hindered muscle coordination, children with cerebral palsy often have difficulty with communication, depth perception, and cognition.

Cerebral palsy can be caused during pregnancy by a mother’s exposure to infections, uncontrolled hypertension, and toxins. Inflammation is a natural part of how your body fights infections, but it can damage an unborn infant’s developing brain cells if it is not carefully monitored and controlled. A mother’s infection can also cause the fetus to have a stroke. The prolonged oxygen deprivation caused by a stroke can in turn cause the type of brain damage that leads to cerebral palsy.

Is cerebral palsy a disease?

Cerebral palsy is not a disease, but rather a brain disorder that hinders a child’s body movement and over motor functions. The difficulties experienced by patients with cerebral palsy are a direct result of damage and malformation in the brain. There is no defect within the muscles themselves.

Can cerebral palsy be prevented?

While there is never any guarantee that an infant will be born in perfect health, certain measures can be taken during a mother’s pregnancy to lower the risk of birth injury. Nurses, doctors, and other hospital employees are responsible for monitoring a mother’s medical condition during pregnancy to ensure that the unborn infant doesn’t suffer from trauma, infection, or a lack of oxygen.

Women with Rubella, inflammatory pelvic disease, or similar diseases that can negatively affect a developing baby should have their condition treated prior to becoming pregnant.

Can cerebral palsy be cured?

Unfortunately, no. When brain damage occurs during a child’s developmental period, it cannot be reversed. However, modern technology and treatments can do much to improve the quality of life for patients with cerebral palsy.

How badly will cerebral palsy affect my child?

Your child’s experience with this condition will depend on the specific type of cerebral palsy they are experiencing, and the extent of the brain damage that caused it. Some people who have cerebral palsy lead relatively normal lives, but others will need constant supervision and care for the rest of their lives.

Although cerebral palsy is sometimes unavoidable, it is all too often the direct result of a physician’s negligence during the pregnancy, labor, and childbirth process. If a medical professional fails to respond to obvious complications during a mother’s pregnancy or fails to adequately monitor a mother for signs of fetal distress, they can be held responsible for medical negligence. Our medical malpractice attorneys in Philadelphia will work hard to make sure you receive the necessary compensation you and your child deserve.

If your child is suffering from cerebral palsy and you believe it was the result of medical negligence, our birth injury lawyers in New Jersey and Pennsylvania can answer your cerebral palsy questions. Please contact Wapner Newman today to schedule a free initial consultation with an experienced personal injury attorney in Philadelphia.

Delayed Cesarean Section in Pennsylvania

Cesarean sections have their roots in tragedy. Once seen as an extreme measure, they were originally performed only when the mother was considered to be beyond help or had died in childbirth. As medicine advanced, they became more commonplace and today account for approximately 32 percent of all U.S. deliveries. There are many reasons for having a C-section, but when an emergency arises, it’s important to not delay. When time is critical, hesitation can lead to serious birth injuries or even fatalities.

The Philadelphia delayed C-section malpractice attorneys at Wapner Newman know how devastating a birth injury can be for affected families. Working with a skilled team of legal and medical professionals, we will seek to determine if medical negligence was responsible and we will fight to ensure your family receives the maximum possible amount of compensation. For almost 40 years, we have been the trusted advocates for countless personal injury victims and their families throughout Pennsylvania and New Jersey. We offer risk-free consultations and work on a contingency basis, which means that we do not require you to pay any fees until we have secured a recovery on your behalf. We encourage you to call us today at 1-800-LAW-6600 or fill out this free case evaluation form.

Delivering a fetus by cesarean section is a surgical procedure involving cuts in the mother’s abdomen and uterus. The incisions are typically closed with stitches and recovery tends to take longer than a vaginal delivery. Reasons for a cesarean delivery include:

• Multiple fetuses. Carrying more than one fetus may cause preterm labor.
• Large fetus. C-sections can prevent certain complications presented by vaginal deliveries.
• Fetus is in breech. Positioned feet-first or bottom-first rather than head-first.
• Labor not progressing normally. An abnormally dilated cervix commonly requires intervention.
• Mother has an infection. C-sections can help prevent transmission.
• Uterine rupture. When the uterus tears, it can bring about hemorrhaging and a lack of oxygen.
• Fetal distress. This is when the fetus’s heart rate drops too low or stays too low for a long time. Also known as bradycardia and measured at less than 60 beats per minute.
• Umbilical cord prolapse. When the umbilical cord is delivered first, blood flow to the fetus can be cut off.
• Problems with the placenta. Common issues involve placentas that are malformed, not working correctly, located in the wrong place in the uterus, or implanted too deeply or too tightly in the uterine wall.

A doctor should recognize when a dangerous fetal or maternal health issue is present that may require a C-section. Once it is identified as necessary, a C-section should generally be done in 30 minutes or less. If it takes longer than that to perform the procedure or if a labor is unreasonably delayed, the risk of birth injury increases and can lead to serious conditions such as cerebral palsy, brachial palsy, brain damage, and paralysis. In some cases, intellectual and developmental disabilities stemming from lack of oxygen at birth may not be obvious until years later, but that doesn’t mean those responsible for a preventable birth injury can’t be held accountable. For some emergency situations such as slow fetal heart rate, cord prolapse, or uterine rupture, 30 minutes is too long to wait.

Whether a healthcare professional failed to spot signs of fetal distress, a doctor failed to promptly order or conduct a cesarean section, or a medical facility was not prepared to handle the procedure in an adequate or timely fashion, you have the right to hold all liable parties responsible for your child’s birth injuries.

When an error by a negligent healthcare professional causes injury, a medical malpractice lawsuit can be filed to seek financial compensation for past and future medical expenses, loss of potential income, disability, pain and suffering, and more.

When a woman is in labor, every medical professional on staff has a duty to closely monitor the progress of the delivery for potential problems. Sometimes, emergency decisions must be made to prevent injury, and certain failures by healthcare workers rise to the level of medical negligence. Delays in diagnosing the need for a cesarean section or in performing one once the decision is made increase the possibility of the child having severe physical, mental, or learning disabilities.

If your newborn was delivered by C-section and suffered a birth injury, it may have been the result of pediatric medical malpractice. These types of negligence cases are extremely complex to investigate and to prove, which is why it’s crucial to contact an attorney. Even if you only suspect that the injury was preventable, the negligent C-section attorneys at Wapner Newman can review the circumstances and determine whether you may be eligible for financial damages. We have the resources and experience to fight for you. Get started with a free, no-obligation case review by calling us at 1-800-LAW-6600 or filling out this online form. We represent clients in or around Philadelphia, Allentown, and West Conshohocken, as well as communities throughout Pennsylvania and New Jersey.

Erb’s Palsy Claims

Erb’s Palsy is a birth injury that occurs when a portion of your baby’s brachial plexus is damaged during delivery. Commonly, Erb’s palsy arises from shoulder dystocia – a delivery complication in which the shoulders of your child have difficulty passing below the mother’s pubic symphysis. In both this and other instances of fetal distress, there are a number of methods your doctor can employ to protect the health and safety of your baby. When they fail to do so, and a brachial plexus injury occurs, you may be entitled to compensation for your child’s suffering, and for the medical expenses associated with these injuries. A birth injury attorney in Philadelphia will fight to get you this compensation.

Expenses Related to Erb’s Palsy

It is estimated that one out of every ten children who suffers from Erb’s Palsy will require some form of intensive medical treatment. In some instances, simple exercises and rehabilitative treatments are sufficient to restore function to your child’s arms. In many others, surgical intervention is required to ensure your child will not suffer life-long consequences from this injury.

Medical intervention, no matter how minimal, is extremely expensive. Nerve regeneration is required to restore function to your child’s arms and hands, and this can take months or even years. In the meantime, your child’s ability to feed himself and to perform basic developmental functions will be greatly impaired. This can cause both an emotional and physical strain on your child, and result in suffering that extends beyond financial concerns for your entire family.

Experienced Erb’s Palsy Attorneys

When you come to the birth injury lawyers in Philadelphia at Wapner Newman for assistance with your child’s Erb’s palsy claim, our medical malpractice lawyers in Pennsylvania will look at the full extent of damages caused by your child’s injury. Your family deserves compensation for both the medical and emotional injuries caused by this avoidable condition. Our experienced personal injury lawyers in Pennsylvania will work tirelessly to ensure you are awarded the full compensation you are due.

If your child has suffered a brachial plexus birth injury in Philadelphia, Allentown or anywhere in Pennsylvania or New Jersey, please contact Wapner Newman today to schedule a free initial consultation with a birth injury attorney in Philadelphia. Our firm has offices

Questions about Erb’s Palsy

What is Erb’s palsy?

Erb’s palsy is an avoidable birth injury that results from shoulder dystocia, a complication that arises from a baby’s shoulders getting stuck on a mother’s pelvic bone during delivery. Erb’s palsy occurs when shoulder dystocia damages a baby’s brachial plexus, the bundle of nerves responsible for shoulder, arm and hand movement. When the brachial plexus is damaged, partial or complete paralysis can occur.

Can Erb’s palsy be treated?

Some instances of erb’s palsy can be treated. This may require complex and expensive surgery and is not always successful. In many cases, only partial function may be restored to your child’s arms.

Can Erb’s palsy be avoided?

Erb’s palsy is most often a medical malpractice issue because it is largely considered an avoidable birth injury. Combining modern advancements in prenatal monitoring and proper training, knowledgeable obstetricians are often able to detect signs of potential shoulder dystocia prior to childbirth.

Are some mothers more likely to experience complications leading to Erb’s palsy?

Yes. Factors such as diabetes, prior deliveries in which shoulder dystocia occurred, obesity and prolonged labors all increase the risk for shoulder dystocia and Erb’s palsy.

Why do I need an attorney?

When your child suffers from a birth injury, you may incur long-term expenses for related medical care. In addition, the physical pain and emotional suffering these injuries can have on your entire family deserve to be addressed. The medical malpractice team at Wapner Newman have years of experience helping families recover the damages caused by medical negligence. We will fight tirelessly to ensure your family is properly compensated, and to see that justice is served.

Shoulder Dystocia Claims

Shoulder dystocia is a birth injury that occurs when your baby’s shoulders become stuck in the birth canal during a normal vaginal delivery. A delay of several minutes between the emergence of a baby’s head and shoulders can have a profound impact on your newborn’s health, requiring swift and decisive action on the part of medical staff attending your delivery. There are a number of proven methods that can be employed to reduce the risk of injury to your baby. Failure to provide these emergency services is a clear instance of medical negligence and entitles you to seek compensation for your child’s injuries.

Detecting Shoulder Dystocia in Pennsylvania

In 2006, a team of medical investigators developed clear ways for doctors to detect a pregnant woman’s potential for birth complications prior to delivery. Based on maternal size and fetal weight, doctors can now determine if brachial plexus injuries such as shoulder dystocia are likely long before you go into labor. If it is likely, alternate delivery methods such as a C-section may be required.

Not all instances of shoulder dystocia can be detected prior to delivery. Doctors and medical staff undergo rigorous training to prepare them for these types of unforeseen complications. Doctors need to think and act quickly in these situations to ensure a smooth delivery. Unfortunately, they often fail to detect the issue, and the end result can be damage to your baby’s brachial plexus nerves, fractured clavicles, internal lacerations, and even fetal asphyxia.

Protecting Your Child’s Future

When your doctor fails to detect the potential for shoulder dystocia or fails to act appropriately when the problem presents itself, you deserve to seek compensation for the medical and emotional consequences their negligence has caused. The aggressive birth injury attorneys in Pennsylvania at Wapner Newman are fully prepared to help you seek justice, and obtain the compensation you need to protect your child’s future.

Our Philadelphia Malpractice Lawyers

If your child suffered shoulder dystocia during delivery in Pennsylvania or New Jersey, please contact our experienced Philadelphia birth injury lawyers today to schedule a free initial consultation. Wapner Newman serves shoulder dystocia victims throughout Pennsylvania and New Jersey, with offices in Philadelphia, West Conshohocken, Allentown, and Marlton.