It is every new parent’s greatest nightmare. After an exhausting delivery, the doctor handling the birth of your child gives you bad news: your child was injured during the birth. As they explain the situation and your options, you are filled with fear for your child’s future and concern about how you will pay for their medical treatment. The latter is a worry that the Chester, PA, birth injury lawyers at Wapner Newman can help with.
If your child was injured at birth, contact a Chester, PA, birth injury lawyer at Wapner Newman immediately. Our experienced attorneys will determine whether you are eligible for compensation and help you get what you are owed. Call (215) 569-0900 today.
How Birth Injury Attorneys in Chester, PA, Can Help
Securing the Right Compensation Means Securing the Right Lawyer
The right lawyer can be a blessing in any lawsuit. This is especially true when the health of your child is at stake. At Wapner Newman, we help clients with all aspects of their cases to increase the likelihood that they will get the compensation they need to help their child recover from the injury.
Investigation
Possibly the only thing worse than a doctor telling you your child was injured during birth is discovering later that your child was probably injured and your doctor never told you. Our Chester, PA, birth injury lawyers will investigate your claims and determine what happened during childbirth. If you suspect injury but aren’t sure, we can connect you with doctors you can trust who will diagnose your child’s health and determine whether they are the victim of a birth injury.
Certificate of Merit
Birth injury claims are a type of medical malpractice lawsuit. These cases can be challenging in Pennsylvania, due to the requirement that all medical malpractice lawsuits be accompanied by a certificate of merit. This is a document created by another doctor declaring that they examined the patient and determined that the original physician was negligent in their care or didn’t act within the acceptable standards of the profession. Our law firm has built strong relationships with skilled physicians who have experience determining when another doctor committed malpractice and are willing to create these certificates.
Settlements and Jury Verdicts
Finally, a Chester, PA, birth injury lawyer from Wapner Newman will do everything possible to get you the compensation you need. Typically, insurance companies try to offer subpar settlements that will only cover a fraction of the money you need to pay for medical treatment for your child. The offer may seem like a lot of money, but it usually only covers past medical bills and maybe a modest amount beyond that. Birth injuries often require ongoing medical treatment and support services for years or even decades. Our attorneys have the experience to determine approximately how much that will cost and what a fair settlement is for the harm your child suffered.
We can usually use that knowledge and experience to negotiate a fair settlement. However, when the insurance company won’t settle, our attorneys also have the trial experience to take your case to court. We aren’t afraid of trials and have an excellent record of success.
When your child has been injured at birth, you deserve compensation for the harm they suffered so you can give them as much medical treatment as they need. Call (215) 569-0900 to contact a Chester, PA, birth injury lawyer at Wapner Newman and schedule a free consultation.
Why Choose Wapner Newman for Birth Injury Lawsuits?
We Focus on the Details — You Focus on Recovery
What do you expect when you hire an attorney to handle your birth injury case? If you are like most people, you expect someone knowledgeable in the law who will dedicate their time and efforts to your case. At Wapner Newman, we consider that the bare minimum — and we never settle for the bare minimum.
As expected, we will assign a lawyer to your case. However, this isn’t just any lawyer. We always assign a principal partner as the lead counsel on every case. They are aptly supported by a team of experienced lawyers who focus on the appropriate type of law (birth injury in this case). Our legal team of Chester, PA, birth injury lawyers is detail-oriented. We leave no stone unturned while investigating your case and documenting details related to your claim.
Furthermore, our birth injury attorneys in Chester, PA, understand the hardship you and your child are suffering. We ease your fears through compassionate empathy and strong communication. Our lawyers handle all the red tape so you can focus your attention on what’s most important: your child. Many of our lawyers are parents, too, and we understand what matters most.
Frequently Asked Questions (FAQs) about Birth Injuries
It is normal for parents to have questions following a birth injury. Birth injuries can leave you feeling confused and wondering where to turn. The following are commonly asked questions regarding birth injuries that may reflect your own uncertainties.
What are common birth injuries?
Common medical malpractice birth injuries include head injuries, oxygen deprivation, fractured collarbones, facial paralysis, cerebral palsy, and perinatal asphyxia.
What must be proven to win a birth injury medical malpractice lawsuit?
You must generally prove the following elements:
- The medical professional owed the baby a professional duty
- They breached that duty
- Their breach caused an injury
- That injury resulted in damages.
If you have enough evidence to prove negligence, the insurance company will usually make a fair settlement offer.
What is the hardest element of birth injury medical malpractice to prove?
Causation is often challenging to prove. This means showing that the medical professional’s breach of duty caused the birth injury.
How much is a birth injury medical malpractice case worth?
The value of each case is directly determined by its unique details and the harm caused by the malpractice. These cases can range from several thousand dollars to multimillion-dollar cases.
How long do I have to file a lawsuit for a birth injury?
According to the PA statute of limitations, you have two years to file a personal injury lawsuit. However, PA makes a special exception for injuries to children. Children (or their representatives) have seven years from the date of the injury or until the child’s 20th birthday, whichever comes first. Effectively, this means you can file a lawsuit at any time until the child turns 20 in all birth injury cases.
These are the most common questions that our Chester, PA, birth injury lawyers receive. If you have a pressing question that applies to your case, please ask it during your free consultation.
Contact Wapner Newman Immediately After a Birth Injury in PA
While you may have almost 20 years to file a birth injury lawsuit, you should never wait when your child has been harmed. Our ability to get you the money you need to help your child recover is greater when you contact us as soon as possible after a birth injury.
Our attorneys strive to end your fears about the health of your child and your financial future. Contact Wapner Newman at (215) 569-0900 the moment you suspect your child has suffered a birth injury to learn more about your legal options and how we can help you.