Philadelphia Birth Injuries Attorney

When your baby needs unexpected medical treatment after birth, experienced birth injury attorneys can assist while you are trying to understand a diagnosis and making decisions about care. Questions about the delivery, medical expenses, and your child’s future can be difficult to sort through. A Philadelphia birth injuries attorney can review what happened and help your family pursue compensation when medical negligence caused harm.

As dedicated birth injury lawyers in Philadelphia, The Rothenberg Law Firm represents injured people and families in serious negligence cases, including birth injuries and medical malpractice. Our firm brings more than 55 years of experience, the resources to investigate complex claims, and a commitment to preparing cases for trial when necessary.

Legal Support for Your Family After a Birth Injury

Your child’s immediate care comes first. Our role is to investigate the medical and legal questions, explain your options, and pursue the compensation available for the injury’s effects.

That work includes reviewing the care provided during pregnancy, labor, delivery, and the newborn period. We consider both the medical events and the practical changes your family now faces, such as therapy appointments, care at home, and time away from work.

Learn more about The Rothenberg Law Firm and our attorneys. We take time to answer your questions, explain significant developments, and help you understand decisions that arise during a case.

When to Ask a Philadelphia Birth Injury Lawyer for a Review

A legal review can be helpful when your child has suffered an injury and you have questions about the care provided. You may be concerned about a delay in delivery, a difficult assisted birth, or the response to your newborn’s condition.

Issues we can investigate include:

• Whether signs of fetal distress that meant the baby needed urgent attention were recognized and addressed.
• Whether a medically necessary cesarean delivery, cesarean section, or C-section was performed in time.
• How forceps or a vacuum extractor were used to guide the baby through the birth canal during delivery.
• How the team responded when the baby’s shoulder became stuck.
• Whether complications involving preeclampsia, placental abruption, or the umbilical cord received appropriate attention.
• Whether needed newborn assessment, resuscitation, or treatment was delayed.

The National Institutes of Health describes several labor and delivery complications that can require monitoring and medical intervention. Our review focuses on the response required in your child’s circumstances and whether a failure in care caused injury.

You do not need to identify a particular medical error before calling. Explain what you know, including the diagnosis and any concerns you raised with the care team.

Birth Injuries and Conditions That May Warrant Investigation

A diagnosis helps guide the investigation. Medical records and qualified professional review help establish when an injury occurred, how it developed, and whether appropriate care could have prevented the harm.

Brain Injury From Reduced Oxygen or Blood Flow

Hypoxic-ischemic encephalopathy, or HIE, is brain injury associated with oxygen deprivation or inadequate blood flow around the time of birth. An investigation may examine fetal monitoring records, the timing of delivery, resuscitation, and care after birth. The medical evidence also helps identify the treatment, support, and lifelong care a child may need as they grow.

Cerebral Palsy and Related Care Needs

Cerebral palsy affects movement, posture, and balance and can involve brain damage or abnormal brain development. When a family has concerns about medical care surrounding the diagnosis, we review the child’s history and the circumstances of pregnancy and birth. That review addresses the cause of the condition and whether negligent care contributed to it.

Brachial Plexus Injuries and Erb’s Palsy

The brachial plexus is a network of nerves involved in arm and hand movement. Injuries to these nerves during birth can affect strength and movement; Erb’s palsy is one form of this injury. Our review can examine the delivery techniques, the response to shoulder dystocia, and the child’s subsequent evaluations and treatment.

Other Injuries During Delivery and Newborn Care

We can also evaluate concerns involving fractures, nerve damage including facial nerve injuries, and harm associated with delayed newborn care. The review depends on the medical findings and events involved. If a mother suffered a separate injury during childbirth, her care and potential claim also deserve attention.

How We Investigate a Birth Injury Claim

The investigation begins with your account of what happened and a review of the available records. With the appropriate authorizations, we can seek the information needed to understand the care provided before, during, and after delivery.

Relevant records may include:

• Prenatal visit notes, imaging, and test results.
• Labor and delivery records, including fetal heart monitoring information.
• Nursing notes, medication records, and communications among providers.
• Operative reports and records of assisted delivery or emergency procedures.
• Newborn assessments, resuscitation records, and neonatal intensive care records.
• Pediatric evaluations, therapy recommendations, and records of ongoing treatment.

We organize the sequence of events and identify the medical questions that require professional analysis. Depending on the issues, qualified medical experts and specialists like neonatologists may review obstetrical care, newborn treatment, neurological findings, or other aspects of the injury.

You do not have to interpret monitoring strips or reconstruct the delivery room timeline yourself. Your observations help us understand your concerns; the investigation develops the evidence needed to evaluate the claim.

Establishing Medical Negligence and Responsibility

A birth injury malpractice claim examines the care a provider was required to give, how the care fell below the accepted standard of care, and how that failure caused harm. Our attorneys work to connect those issues to the medical evidence and the losses your child has suffered.

Responsibility may involve an obstetrician, midwives, an individual clinician, a medical practice, or a hospital, depending on their actions and legal relationships. We review the roles of the providers involved and any relevant failures in hospital care. This helps identify the appropriate parties for a claim.

Pennsylvania’s certificate of merit rule sets requirements for professional negligence lawsuits. In a typical birth injury lawsuit, an appropriately qualified medical professional supplies a written assessment supporting that the care departed from accepted standards and contributed to the harm. Our legal team addresses the required filings and supporting review.

For information about the broader practice, visit our Philadelphia medical malpractice page.

Seeking Compensation for Your Child’s Future

The financial effects of a serious birth injury may continue well beyond the initial hospitalization. A thorough claim considers the care your child needs now and the needs that medical evidence reasonably supports for the future.

Depending on the injury and available claims, compensation may address:

• Medical treatment, hospital care, and future procedures.
• Physical, occupational, speech, or other recommended therapies.
• Nursing assistance and other necessary support at home.
• Mobility equipment, communication devices, and related replacements.
• Necessary home or vehicle modifications.
• Future loss of earning capacity supported by the evidence.
• Pain and suffering, along with the injury’s effect on everyday life.

When appropriate, a life care planner can help identify future services and their expected costs using medical recommendations. Other qualified professionals may help assess financial losses. For example, a child who needs mobility equipment may need different equipment as they grow, along with ongoing maintenance and assistance.

We also discuss the expenses your family has already incurred and determine which losses may be pursued under the applicable claims. A careful review keeps the focus on your child’s individual needs and the evidence supporting them.

Practical Steps While Your Child Receives Care

Continue working with your child’s treating professionals and ask them to explain diagnoses, treatment recommendations, and referrals. If your child has urgent symptoms, seek medical help promptly.

Keep discharge instructions, test results, appointment summaries, bills, and receipts in one place. A simple record of appointments, recommended equipment, and help your child needs at home can make it easier to describe the injury’s effects. Save messages and documents you already have about the pregnancy, delivery, and follow-up care.

You can also write down questions for your legal consultation as they arise. These might concern how records are obtained, who will review the medical care, or how a claim could address future treatment. Your family can begin that conversation while medical evaluations are continuing.

Pennsylvania Filing Deadlines for Birth Injury Claims

Pennsylvania generally applies a two-year limitation period to personal injury claims, including medical negligence claims. Determining when that period begins requires reviewing the circumstances of the injury and its discovery.

The rules for a child’s claim differ from those for a parent’s own claim. Under Pennsylvania’s minority tolling statute, the limitation period for an eligible unemancipated minor’s civil claim generally does not run before age 18. A parent’s separate claim may have an earlier deadline. Claims involving certain government providers or a death can require a different analysis.

An early review allows counsel to identify the correct deadlines and begin obtaining records while the events are still easier to document. You can ask about your options before the full extent of your child’s future care needs is known.

How a Child’s Settlement Is Handled

Pennsylvania requires court approval of settlements in lawsuits involving minors. The process includes review of attorneys’ fees, expenses, and arrangements for the child’s funds. Depending on the circumstances, those arrangements may involve a restricted account, structured payments, or a trust.

Our Philadelphia birth injury attorneys explain the proposed resolution and the steps needed to protect your child’s interests. Planning may also require advice from appropriate professionals about benefits and future care. We address these questions as part of resolving the claim, with attention to how compensation will support the child over time.

You can learn more about the stages of representation through our case process.

Speak With a Philadelphia Birth Injuries Attorney

If you have questions about your child’s injury and the medical care surrounding it, The Rothenberg Law Firm can help you understand the next steps. We offer a free case evaluation and handle birth injury litigation on a contingency-fee basis.

Philadelphia Birth Injury Frequently Asked Questions