When your child suffers a birth injury, the joy you expected is replaced by fear, confusion, and a flood of questions about what went wrong. At Wapner Newman, we understand that feeling. Our Conshohocken birth injury lawyer team is here to listen, to stand with your family, and to fight for the answers and compensation you deserve.
With over 40 years of winning results for families across the Philadelphia region, we have the experience and dedication it takes to hold negligent medical providers accountable. If your baby was harmed during pregnancy, labor, or delivery due to a medical mistake, you do not have to face this alone.
We proudly serve families throughout Montgomery County, including the Conshohocken community. And if getting to our feels difficult right now, we will come to you or arrange to pick you up. Your focus should be on your child. Contact us for a free, no-obligation consultation. Let us handle the legal fight.
Speak to a Lawyer TodayWhy Choose Wapner Newman for Your Conshohocken Birth Injury Case?
Choosing the right legal team after a birth injury is one of the most important decisions you will make for your child's future. Here is why families in Conshohocken and across Pennsylvania trust Wapner Newman:
- Proven track record of results. We have secured millions of dollars for our clients in personal injury and medical malpractice cases, including a $227 million recovery in the Market Street building collapse and a $16 million result for a pedestrian hit by an impaired driver.
- Decades of experience. With over 40 years of legal practice, our attorneys understand the complex medical and legal issues that define birth injury claims in Pennsylvania.
- Compassion at every step. When you work with us, you become part of our extended family. We keep you informed, answer every question, and make sure you never feel left in the dark.
- Aggressive advocacy. We are not afraid to take your case to trial if insurance companies or hospitals refuse to offer a fair settlement. We will pursue the maximum compensation your family can receive.
- Accessibility. If you cannot make it to our office, we will come to you. We are committed to removing barriers so you can get the help you need.
Your child's future matters. Contact Wapner Newman today at (215) 569-0900 for a free consultation and let us show you how we can help.
What Is a Birth Injury?
A birth injury is any type of harm a baby suffers before, during, or shortly after delivery. These injuries often happen because a doctor, nurse, or other medical professional failed to provide the proper standard of care. In simple terms, a birth injury occurs when a medical mistake causes physical or neurological harm to a newborn.
Some birth injuries are mild and heal on their own. Others are severe and can change the course of a child's entire life. The difference between a birth injury and a birth defect is important to understand.
- A birth defect is typically a condition that develops due to genetics or other non-medical factors.
- A birth injury, on the other hand, results from something that happened during the medical care surrounding pregnancy, labor, or delivery.
If a healthcare provider's actions fell below the accepted medical standard and your child was harmed as a result, you may have grounds for a birth injury claim under Pennsylvania law.
Common Types of Birth Injuries
Birth injuries can take many forms, depending on what went wrong during the delivery process. Some of the most common birth injuries include:
- Cerebral palsy. Often caused by a lack of oxygen (called hypoxia) during labor and delivery, cerebral palsy affects a child's movement, coordination, and muscle tone. It can require a lifetime of therapy and medical support. Read about cerebral palsy and its link to birth trauma.
- Brachial plexus injuries (Erb's palsy). Damage to the nerves in the baby's shoulder, arm, or hand, usually caused by excessive pulling or force during delivery. Learn about shoulder dystocia and brachial plexus injuries.
- Brain injuries. Oxygen deprivation, improper use of delivery tools, or delayed emergency procedures can cause lasting brain damage.
- Spinal cord injuries. Trauma during delivery can lead to spinal damage that affects mobility and sensation.
- Bone fractures. Broken collarbones and other fractures can occur when too much force is used during a difficult delivery.
- Facial paralysis. Pressure on the baby's face during delivery, sometimes from forceps, can cause nerve damage that leads to facial paralysis.
Each of these injuries carries its own set of challenges for families, from ongoing medical expenses to the emotional toll of watching your child struggle. Our Conshohocken birth injury attorneys understand these challenges deeply and are ready to fight for the resources your family needs.
How Do Birth Injuries Happen?
Medical professionals have a duty to monitor both the mother and baby closely throughout pregnancy and delivery. When they fail to uphold that duty, serious harm can result. Some common causes of birth injuries include:
- Failure to monitor fetal distress. If a baby's heart rate drops or shows signs of distress and the medical team does not respond quickly, the baby may suffer oxygen deprivation. See fetal heart rate monitoring failures and their consequences.
- Delayed cesarean section (C-section). When labor is not progressing safely, a timely C-section can prevent injury. Unnecessary delays can lead to permanent damage.
- Improper use of forceps or vacuum extractors. These delivery tools can cause significant harm if used incorrectly. Read about lawsuits involving vacuum extraction and forceps errors.
- Failure to diagnose or treat maternal conditions. Conditions like preeclampsia, gestational diabetes, or infections must be identified and managed properly to protect both mother and child.
- Medication errors. Administering the wrong medication or dosage during labor can put the baby at risk.
- Failure to plan for a high-risk delivery. When a pregnancy involves known risk factors, the medical team should have a plan in place for a safe delivery.
When a medical team's negligence leads to a preventable injury, families deserve accountability and compensation. That is exactly what our birth injury lawyers in Conshohocken work to achieve.
Understanding Pennsylvania Birth Injury Laws
Birth injury cases in Pennsylvania fall under the state's medical malpractice laws. There are a few key legal concepts every family should know.
Statute of Limitations
Under 42 Pa. Cons. Stat. § 5524, Pennsylvania generally requires that a medical malpractice lawsuit be filed within two years from the date the injury was discovered or should have been discovered.
However, Pennsylvania provides a critical protection for children. The two-year clock does not start running until the child turns 18. This means families generally have until the child's 20th birthday to file a birth injury lawsuit on their behalf.
Even with this extended timeline, acting quickly is important. Evidence can be lost, medical records can become harder to access, and memories can fade over time. Speaking with a birth injury lawyer as soon as you suspect something went wrong gives your legal team the best chance to build a strong case. Read more about the statute of limitations for birth injury cases in Pennsylvania.
Certificate of Merit
Pennsylvania also requires a certificate of merit in medical malpractice cases, under Pa. R.C.P. No. 1042.3. This means that before or shortly after filing a lawsuit, your attorney must obtain a written statement from a qualified medical professional confirming that the healthcare provider's actions fell below the accepted standard of care and contributed to the injury.
This requirement shows that birth injury cases are serious and demand experienced legal representation.
No Cap on Compensatory Damages
Pennsylvania does not place a limit on the compensatory damages (such as medical bills, future care costs, and pain and suffering) that a family can recover in a birth injury case. This is significant because children with severe birth injuries often need a lifetime of care and support.
Our team at Wapner Newman understands every detail of Pennsylvania birth injury law and will handle the legal complexities while you focus on your child.
Speak to a Lawyer TodayWhat Compensation Can Your Family Recover?
When a birth injury is caused by medical negligence, your family may be entitled to compensation that covers both current and future needs. The types of damages that may be available include:
- Medical expenses. Hospital bills, surgeries, rehabilitation, medications, and any treatment your child has already received.
- Future medical care. Projected costs for ongoing therapy, adaptive equipment, dedicated schooling, and long-term medical needs.
- Lost income. Wages lost by a parent who had to leave work or reduce hours to care for an injured child.
- Pain and suffering. Compensation for the physical pain and emotional distress your child and family have endured.
- Loss of quality of life. If your child's injuries limit their ability to enjoy the activities and experiences that other children have, this may be factored into compensation.
Every birth injury case is different, and the value of your claim will depend on the specific facts of your situation. When you meet with our team, we will review all of the details and provide an honest assessment of what your family's case may be worth.
At Wapner Newman, we are committed to pursuing every dollar your family needs to move forward.
How Our Conshohocken Birth Injury Lawyers Handle Your Case
When you contact Wapner Newman, here is what you can expect:
- Free consultation. We will listen to your story, review the details, and give you an honest assessment of your case at no cost.
- Thorough investigation. Our team will gather medical records, consult with medical professionals, and investigate every aspect of what happened during your child's birth.
- Building your case. We will work to establish exactly how the healthcare provider's negligence caused your child's injury and calculate the full scope of your family's damages.
- Aggressive negotiation. We know the tactics insurance companies and hospitals use to minimize payouts. We will fight for a fair settlement on your behalf.
- Trial-ready representation. If a fair settlement cannot be reached, our experienced litigators are fully prepared to take your case to court and advocate for your family before a judge and jury.
At every step, you will know exactly where your case stands. We believe in open communication and treating you with the respect and compassion you deserve.
FAQs Answered by Our Conshohocken Birth Injury Attorney
How do I know if my child's injury was caused by medical negligence?
Not every complication during childbirth is the result of a medical mistake. However, if your child suffered an injury that could have been prevented with proper medical care, you may have a claim. The best way to find out is to speak with an experienced birth injury attorney who can review your medical records and consult with medical professionals. Learn about how to identify birth injuries caused by medical negligence.
How long does a birth injury case typically take to resolve?
The timeline varies depending on the complexity of the case. Some cases settle within months, while others may take several years, especially if the case goes to trial. Our team works to resolve your case as efficiently as possible while still pursuing the best possible outcome.
Will I have to go to court?
Many birth injury cases are resolved through settlement negotiations without going to court. However, if the other side does not offer a fair settlement, we are fully prepared to take your case to trial. We will discuss all options with you and make sure you are comfortable with the approach.
Can I file a claim if my child's birth injury was not immediately apparent?
Yes. Some birth injuries, such as certain types of brain damage or developmental delays, may not become obvious until months or even years after birth. Pennsylvania's discovery rule allows the statute of limitations to begin when the injury is discovered or should have been discovered, not necessarily when it occurred.
What if I cannot afford a birth injury lawyer?
At Wapner Newman, we handle birth injury cases on a contingency fee basis. This means you pay nothing upfront and owe no legal fees unless we recover compensation for you. There is no financial risk in reaching out to us.
Can more than one medical provider be held responsible?
Yes. Birth injury claims can name multiple parties, including doctors, nurses, anesthesiologists, and the hospital itself. Our team will investigate every party who may share responsibility for your child's injury.
Contact Our Conshohocken Birth Injury Lawyers Today
If your child was harmed by a medical mistake during birth, the team at Wapner Newman is ready to listen and ready to fight for your family. You do not have to carry this weight alone.
With decades of experience, a record of winning results, and a deep commitment to our clients, we are the advocates your family needs during this difficult time.
Call us today at (215) 569-0900 for your free consultation. If you cannot come to us, we will come to you. Let us help you take the first step toward justice and the resources your child deserves.