What Is the Pennsylvania Birth Injury Lawsuit Process?

July 13, 2025

The Pennsylvania birth injury lawsuit process involves filing a legal claim to seek compensation for injuries caused by medical negligence during childbirth.

This process can include multiple steps like gathering evidence, consulting with an attorney, negotiating settlements, and potentially going to trial.

Insights from experienced birth injury lawyers can help clarify the entire process, from eligibility and evidence needs to assessing damages and recovering compensation for harm caused.

Recognizing When a Birth Injury Lawsuit May Be Necessary

Birth injuries are distinct from birth defects because they occur due to trauma or treatment errors during the labor and delivery process.

For example, improper use of medical tools, failure to monitor vital signs, or delays in ordering a necessary cesarean section could lead to conditions such as cerebral palsy or permanent nerve damage.

Key signs that a birth injury may merit legal action include:

Severe physical injuries: Examples include nerve damage, broken bones, or prolonged oxygen deprivation resulting in brain damage.
Developmental delays occur when a child misses major milestones related to motor or cognitive skills that may hint at preventable complications during birth.
Medical negligence: A documented error or failure by a healthcare provider to provide adequate care.

Medical negligence occurs when a provider’s actions deviate from the accepted standard of care. A successful claim requires demonstrating this negligence and linking it directly to the injury.

Understanding the Legal Steps in a Birth Injury Case

1. Consultation and Case Evaluation

The first step is meeting with a birth injury lawyer to discuss your situation. During this consultation, the attorney evaluates:

Details of the injury: Medical records, timelines, and any immediate evidence of negligence.
Applicable time limits: Most cases must be filed within specific timeframes established by the law. The statute of limitations may allow additional time if a child’s injury isn’t immediately apparent.
Potential damages: From ongoing medical costs to lost earning potential, the scope of compensation is evaluated.

An initial consultation with an experienced birth injury attorney can help determine whether the situation qualifies as a valid claim and identify the next steps.

2. Collecting Evidence

Gathering strong evidence to support the case is a crucial phase. Evidence may include:

Medical records: Comprehensive documentation showing how the injury occurred and verifying deviations from the standard of care.
Witness statements: Testimony from healthcare providers, delivery room staff, or others who can provide context.
Expert reviews: Third-party medical professionals may review the case to provide insights into treatment errors.

This stage helps connect the dots between medical negligence and the injury, which is essential in court.

3. Filing the Lawsuit

Once sufficient evidence has been collected, the attorney initiates the lawsuit by filing the necessary legal documents. This formal step outlines:

The allegations of negligence.
The injuries and damages incurred.
The relief or compensation being sought.

Filing the lawsuit sets the legal process in motion and signals the start of formal proceedings.

4. Pre-Trial Discovery Phase

The discovery phase is a critical part of the birth injury lawsuit process, where both sides exchange information to investigate the case further. This phase allows each party to gather the evidence needed to build their arguments and identify the strengths and weaknesses of the case. Key components of the discovery phase include:

Depositions: Sworn statements from witnesses, medical staff, or other involved parties that provide detailed accounts of the events surrounding the injury.
Document exchange: Sharing medical records, expert reports, and other evidence that supports each side’s claims.
Interrogatories: Written questions that the opposing party must answer under oath, helping to clarify facts and establish timelines.

This phase can be time-intensive but vital in preparing for settlement discussions or trial. The information gathered during discovery often shapes the direction of the case and can influence whether a resolution is reached before trial.

5. Settlement Negotiations

During this phase, attorneys for the injured party, the healthcare provider, or their insurance company discuss potential compensation amounts. The goal is to reach an agreement that fairly addresses the injury’s financial, emotional, and physical toll.

What happens during settlement negotiations?

Evaluation of damages: Both sides assess the costs associated with the injury, including medical expenses, therapy, and long-term care needs.
Negotiation tactics: Attorneys may present evidence and arguments to support their proposed compensation amount.
Offers and counteroffers: The process often involves discussing a mutually acceptable figure.

Settlements can provide families with quicker financial relief than a trial. Still, it is important to weigh the offer carefully to ensure it meets the child’s long-term needs.

6. Going to Trial

If settlement negotiations fail to produce an agreement, the case may proceed to trial. While this step can be more time-intensive, it provides an opportunity to present the full scope of the case before a judge or jury.

What to expect during a trial:

Opening statements: Both sides outline their arguments and key points.
Presentation of evidence: This includes medical records, expert testimony, and witness accounts.
Cross-examinations: Attorneys question witnesses to challenge or clarify their statements.
Closing arguments: Each side summarizes their case and makes a final appeal to the judge or jury.

The trial concludes with a verdict, which determines whether the healthcare provider is liable and, if so, the amount of compensation awarded. While trials can be unpredictable, they may result in higher compensation if the evidence strongly supports the claim.

Pennsylvania Birth Injury Lawsuit Process FAQs

How long does a birth injury lawsuit take?

The strength of evidence and the willingness of all parties to negotiate often dictate how long a case will take to resolve. Working with birth injury lawyers can help keep the case on track for a resolution that balances timeliness with the compensation you may be entitled to under the law.

What evidence is needed to file the lawsuit?

Evidence in a birth injury case often includes medical records, witness accounts, and insights from medical professionals. These elements work together to demonstrate how the injury occurred and whether the standard of care was met. A thorough review of the available evidence can help build a compelling case.

Who can be held responsible for birth injuries?

Responsibility for a birth injury may rest with any party involved in the delivery process, such as doctors, nurses, or hospitals. Identifying who may be liable often requires a detailed investigation into the injury’s circumstances and the care provided.

Need Help Filing a Birth Injury Lawsuit? Contact Wapner Newman for Experienced Legal Support

The Pennsylvania birth injury lawsuit process is a pathway for families to seek financial relief and hold medical professionals accountable for avoidable mistakes.

Anyone facing these circumstances deserves the opportunity to explore their legal rights and determine how best to address their situation.

Are you thinking about pursuing a birth injury claim? Start your next step by contacting Wapner Newman online or at (215) 569-0900 to discuss your potential case.