The arrival of a new family member should be a time of celebration and hope for the future. When a medical mistake during delivery turns that joy into a period of medical uncertainty, the impact on your family stays with you forever.
If your child suffered an injury during labor or shortly after birth in a hospital near Center City or a clinic in West Philadelphia, you deserve answers. A Philadelphia Birth Trauma Lawyer provides the legal strength needed to hold healthcare providers accountable for their failures.
Our team works to uncover the truth behind medical errors that lead to permanent physical or neurological harm. By pursuing a legal claim, you seek the financial resources required to provide your child with the best possible care for the rest of their lives.
Why Choose Wapner Newman for Your Philadelphia Birth Injury Counsel
Choosing the right legal team is a major decision for parents who are already managing the daily needs of an injured child. Wapner Newman provides dedicated advocacy for families throughout Pennsylvania and New Jersey, with a primary focus on the Philadelphia community.
We recognize that many parents in the 30 to 50 age demographic are balancing careers and other children while trying to secure medical help for a newborn. Our firm removes the obstacles to getting legal help by offering the following services:
- We will travel to your home or the hospital in Allentown or Harrisburg if you are unable to visit us.
- Our team provides transportation to and from our Philadelphia office if you lack a reliable way to get to your appointments.
- We offer virtual meetings for families in Conshohocken and Mount Laurel to ensure we stay connected during your child’s recovery.
- We use a network of medical professionals who help us identify exactly where a doctor or nurse failed to follow safety protocols.
- Our firm handles all the communication with insurance companies and hospital legal teams so you remain focused on your family.
Wapner Newman treats every client like a neighbor rather than just another case file. We know that the costs of physical therapy, specialized equipment, and home modifications add up quickly. Our goal is to secure a settlement or verdict that covers these expenses for the duration of your child’s life.
We provide the capable assistance you need to challenge large medical institutions and their insurance providers. We stand by you from the initial investigation through the final resolution of your claim.
This commitment to justice drives our work for every family we represent.
Defining Birth Trauma and Medical Negligence
Birth trauma refers to physical injuries or neurological damage that occurs during the process of labor and delivery. While some complications occur naturally, many are the result of a medical professional failing to act with a standard level of care.
Negligence occurs when a doctor, nurse, or midwife fails to provide the same level of care that a reasonably competent professional would provide in a similar situation.
Common examples of negligence during delivery include:
- Failing to monitor the fetal heart rate, which leads to a delay in recognizing signs of distress.
- Using excessive force with delivery tools like forceps or vacuum extractors.
- Delaying a necessary C-section when the baby is stuck in the birth canal.
- Failing to recognize that the baby is too large for a traditional vaginal delivery.
- Ignoring signs of maternal infections or high blood pressure that impact the baby.
When these failures occur, the baby may suffer from a lack of oxygen or physical trauma. Proving that these errors were preventable is the first step in a legal claim. Our team reviews medical records to find the specific moment when the medical team failed to meet their obligations to you and your child.
Physical Injuries Handled by a Philadelphia Infant Injury Legal Team
Physical trauma during birth often results in nerve damage or broken bones. These injuries frequently happen when a baby is in a difficult position or when the medical team uses tools improperly.
While some physical injuries heal over time, others lead to permanent loss of movement or sensation. Frequent physical injuries include:
- Brachial Plexus Injuries: Damage to the nerves that control the shoulders, arms, and hands.
- Erb’s Palsy: A specific type of nerve damage that results in a limp or paralyzed arm.
- Fractured Bones: Breaks in the collarbone or arm that occur during a difficult delivery.
- Facial Paralysis: Damage to the facial nerves caused by the pressure of forceps.
- Cephalohematoma: Bleeding under the scalp that leads to further complications like jaundice.
These injuries often require immediate surgery or long-term physical therapy to correct. We work to ensure that the negligent parties are held responsible for the cost of this ongoing medical treatment.
According to CDC data on infant health, early intervention is a primary factor in improving the outcome for children with birth related injuries. Our firm fights to get you the funds needed to start these treatments as soon as possible.
Neurological Damage and Delivery Room Errors
Neurological trauma is often the most serious type of birth injury because it affects the brain and the central nervous system. These injuries often occur when the baby is deprived of oxygen during labor. This lack of oxygen is known as hypoxia, and even a few minutes of oxygen deprivation results in permanent brain damage.
Types of neurological injuries often seen in these cases:
- Cerebral Palsy: A group of disorders that affect a person’s ability to move and maintain balance and posture.
- Hypoxic-Ischemic Encephalopathy (HIE): Brain dysfunction caused by a lack of oxygen and limited blood flow.
- Periventricular Leukomalacia (PVL): Damage to the white matter of the brain that leads to developmental delays.
- Seizure Disorders: Chronic neurological issues that result from brain trauma during birth.
- Kernicterus: A type of brain damage that happens when a medical team fails to treat severe jaundice.
Proving that a brain injury was caused by a medical error requires a deep look at the labor logs and monitoring strips. We look for evidence that the medical team missed signs of fetal distress. When a hospital fails to act quickly to restore oxygen to a baby, they are liable for the resulting damage.
Pennsylvania Laws and Your Right to Pursue Justice
Pennsylvania has specific legal rules that apply to medical malpractice and birth injury cases. Knowing these rules helps you understand the timeline and the requirements for your claim.
A Philadelphia Birth Trauma Lawyer ensures that every procedural step is followed correctly to protect your rights.
Important legal factors in Pennsylvania:
- Certificate of Merit: Within 60 days of filing a lawsuit, an attorney must provide a statement from a medical professional confirming the case has a valid basis.
- Statute of Limitations: Under 42 Pa. C.S.A. § 5524, most personal injury cases must be filed within two years. However, for injuries to children, the clock often begins when the child turns 18.
- Standard of Care: The legal benchmark that compares your doctor’s actions to those of other qualified medical professionals.
- Economic Damages: Compensation for measurable costs like medical bills and lost future earnings.
- Non-Economic Damages: Compensation for the pain, suffering, and emotional distress your family experiences.
Our firm is well-versed in these state laws and helps you stay on track with every deadline. We handle the legal paperwork so you can focus on your child’s health. We work to resolve your case through a fair settlement, but we are always prepared to go to court if the insurance company refuses to be reasonable.
Recovering Compensation for Lifetime Care
The financial impact of a birth injury is often measured in millions of dollars over the child’s lifetime. We work with life care planners and financial experts to determine the total amount of money your child will need to live a comfortable life. We do not just look at the bills you have today; we look at the support your child will need decades from now.
Compensation often includes funds for:
- Past and future hospital stays and surgical procedures.
- Specialized schooling and tutoring for children with cognitive delays.
- Physical, occupational, and speech therapy sessions.
- Home modifications such as ramps and widened doorways.
- Assistive technology like wheelchairs, communication devices, and adaptive computers.
- The loss of future earning capacity if the child will never be able to work as an adult.
We pursue these damages with persistence because we know your child’s future depends on it. A fair settlement provides the security of knowing your child will be cared for even when you are no longer there to provide it yourself. We fight for the maximum recovery allowed under the law.
FAQs
How do I know if my doctor made a mistake?
It is often difficult to tell just by looking at the results of a delivery. The best way to know is to have a legal team and a medical professional review the labor logs and monitoring strips. We look for patterns in the baby’s heart rate and the doctor’s response times to see if they met the required standard of care.
What if my child was diagnosed with Cerebral Palsy later in life?
Birth injuries are not always obvious on the day of delivery. Many times, a diagnosis like Cerebral Palsy happens months or even years later when the child misses milestones. You can still file a claim if you can link the diagnosis back to a specific event or failure during birth. The statute of limitations in Pennsylvania often allows for this delayed discovery.
Does hiring a law firm mean I have to sue my doctor?
While the doctor is named in the lawsuit, the goal is usually to get a settlement from their insurance company. Most doctors have high levels of malpractice insurance for this exact reason. We handle all the negotiations with the insurance adjusters so you do not have to have direct conflict with your medical providers.
What is the cost of a birth trauma lawsuit?
Wapner Newman works on a contingency fee basis. This means we cover all the costs of the investigation and the medical experts. You do not pay any hourly rates or upfront fees. We only receive a percentage of the final settlement or verdict if we successfully recover money for your family.
How long does a birth injury case take to settle?
These cases are often more time-consuming than a standard injury claim because they require a detailed review of medical science. It takes time to find the right experts and gather all the necessary records. Many cases take a year or longer to resolve, but we work to move the process along as quickly as possible.
Secure a Brighter Future for Your Child with Wapner Newman
A birth injury changes the course of your family’s life, but it does not have to define your future. Wapner Newman is here to provide the strength and capable assistance required to hold negligent medical providers accountable.
We serve families in Philadelphia, Allentown, and Mount Laurel, ensuring that your voice is heard in the legal system. Whether we visit you at your home or provide transportation to our office, we are committed to making the legal process manageable for you.
Do not let a medical mistake go unanswered while your child suffers the consequences. Call Wapner Newman today or visit our website to discuss your situation and learn how we can help you secure the justice your child deserves.
Wapner Newman Personal Injury and Medical Malpractice Lawyers – Philadelphia, PA (Main Office)
1628 John F Kennedy Boulevard Suite 800
Philadelphia, PA 19103
Ph: (215) 569-0900