Bensalem Birth Injury Lawyers

Compassionate Legal Help for Birth Injuries in Bensalem

The birth of a child should be a joyous occasion, but when preventable medical errors result in a birth injury, families face immense emotional and financial challenges. At Fulginiti Law, we are dedicated to helping families in Bensalem seek justice and hold negligent medical professionals accountable. Our experienced attorneys specialize in birth injury cases, offering compassionate guidance and aggressive legal representation to ensure your family receives the compensation needed to care for your child. This is where our Bensalem birth injury lawyers step in.

We understand the unique complexities of birth injury cases, from identifying medical negligence to navigating Pennsylvania’s legal system. With a proven track record of success, Fulginiti Law is the partner you can trust to protect your family’s future.

What Is a Birth Injury?

A birth injury refers to physical harm that occurs to a newborn during labor, delivery, or immediately after birth. While some complications are unavoidable, many birth injuries are caused by preventable errors made by medical professionals. These injuries can range from minor, temporary conditions to severe, lifelong disabilities that require extensive care.

Common Types of Birth Injuries

Cerebral Palsy
A condition caused by brain damage due to oxygen deprivation during delivery. It can lead to motor function impairments, developmental delays, and cognitive challenges.

Brachial Plexus Injuries
Nerve damage in the shoulder or arm that can result in partial or complete paralysis of the affected limb. These injuries often occur when excessive force is used during delivery.

Hypoxic-Ischemic Encephalopathy (HIE)
A severe brain injury caused by a lack of oxygen or blood flow to the brain during labor. HIE can result in cognitive impairments, developmental delays, and seizures.

Fractures or Lacerations
Improper use of medical tools, such as forceps or vacuum extractors, can cause physical trauma, including skull fractures or deep lacerations.

Birth injuries not only affect the child but also place an emotional and financial burden on the entire family. Recognizing the signs early and seeking legal guidance can make a significant difference in ensuring your family’s future stability.

Common Causes of Birth Injuries in Bensalem 

Preventable birth injuries often stem from medical negligence, which occurs when a healthcare provider fails to meet the standard of care expected in their field. Common causes include:

Delayed or Missed C-Sections
When complications arise during labor, such as prolonged labor or signs of fetal distress, a timely cesarean section (C-section) is often necessary. Delays in performing this procedure can result in oxygen deprivation or other complications that lead to severe injuries, including HIE or cerebral palsy.

Improper Use of Delivery Tools
Forceps and vacuum extractors are tools used to assist in difficult deliveries. When used improperly or with excessive force, they can cause significant trauma, such as skull fractures, nerve damage, or brain injuries.

Failure to Monitor Fetal Distress
During labor, medical professionals are responsible for closely monitoring the baby’s heart rate and other vital signs. Ignoring or failing to respond to signs of fetal distress, such as an irregular heart rate, can result in severe complications.

Medication Errors
Mistakes in administering medications to the mother during labor, such as incorrect dosages of anesthesia or inducing agents, can harm both the mother and the baby.

Inadequate Prenatal Care
Negligent prenatal care, such as failing to identify or address maternal health conditions like gestational diabetes or preeclampsia, increases the risk of birth injuries.

Understanding the cause of your child’s birth injury is the first step toward seeking justice. Our legal team at Fulginiti Law thoroughly investigates each case to identify instances of negligence and build a strong claim for compensation.

Who Can Be Held Liable for Birth Injuries?

Birth injury cases often involve multiple parties, and determining liability is critical to securing the compensation you deserve. Potentially liable parties in a birth injury case include:

  1. Physicians
    The attending physician may be liable if they failed to provide an acceptable standard of care. Examples include misdiagnosing complications, delaying necessary procedures, or improperly using medical tools.
  2. Nurses and Medical Staff
    Nurses and other staff are responsible for monitoring the mother and baby during labor and delivery. Errors in recording vital signs, administering medications, or communicating concerns to the physician can lead to liability.
  3. Hospitals
    Hospitals may be held accountable for inadequate staffing, lack of training, or failure to enforce proper protocols. If the hospital hired unqualified personnel, it might share responsibility for the injury.
  4. Anesthesiologists
    Improper administration of anesthesia or failure to monitor the mother’s vital signs during labor can cause harm to both the mother and the baby, leading to liability for the anesthesiologist.

At Fulginiti Law, we meticulously analyze medical records and consult with leading experts to determine which parties are at fault and ensure they are held accountable.

What Compensation Can You Receive for a Birth Injury?

A birth injury can place a tremendous financial burden on families. Compensation in a birth injury case is designed to help cover both immediate and long-term costs associated with the injury. The types of compensation available include:

  1. Medical Expenses
    • Initial costs for hospital stays, surgeries, and medications.
    • Ongoing costs for therapies, such as physical, occupational, or speech therapy.
    • Specialized equipment, such as wheelchairs, communication devices, or home modifications.
  1. Pain and Suffering
    Birth injuries often cause significant emotional distress for both the child and their family. Compensation for pain and suffering accounts for the reduced quality of life resulting from the injury.
  2. Future Costs
    • Loss of Earning Potential: Compensation may address the child’s diminished ability to earn a living in the future due to their condition.
    • Parental Lost Wages: Parents who must leave work to care for their child can also seek compensation for lost income.
  1. Non-Economic Damages
    These damages account for the emotional impact of the injury, such as the loss of enjoyment of life or the emotional strain on the family.

At Fulginiti Law, we are committed to securing maximum compensation for our clients to ensure they have the financial resources needed for their child’s care.

Statute of Limitations for Birth Injury Claims in Pennsylvania

The statute of limitations determines the time frame within which you must file a birth injury lawsuit. In Pennsylvania, the following rules apply:

Standard Filing Deadline
Most birth injury cases must be filed within two years from the date of the injury or the date it was reasonably discovered.

Exceptions for Minors
For injuries involving minors, the statute of limitations is often extended until the child turns 18 years old, with additional time provided to file after they reach adulthood.

Delayed Discovery
In some cases, the injury may not be immediately apparent. For example, cerebral palsy or developmental delays may not be diagnosed until years after birth. Pennsylvania law allows for exceptions in such cases, enabling families to file a claim when the injury is discovered.

It’s crucial to act promptly to ensure your case meets all legal requirements. Our team at Fulginiti Law will handle all deadlines and paperwork, so you can focus on your family.

Steps to File a Birth Injury Lawsuit

Filing a birth injury lawsuit can feel overwhelming, but Fulginiti Law simplifies the process by handling every detail. Here’s how we assist:

  1. Free Case Evaluation
    We start with a consultation to understand your situation, evaluate medical records, and determine whether negligence played a role in your child’s injury.
  2. Investigation
    Our legal team gathers evidence, including medical records, expert opinions, and witness statements, to build a strong case.
  3. Filing the Claim
    We handle all the legal paperwork required to initiate your claim, ensuring it is accurate and submitted on time.
  4. Negotiation
    Many cases are resolved through negotiations with insurance companies. We use our experience to fight for a fair settlement.
  5. Litigation
    If a settlement cannot be reached, we are prepared to take your case to court and advocate aggressively for your family’s rights.

Why Choose Fulginiti Law?

Fulginiti Law has a reputation for excellence in birth injury cases. Here’s why families in Bensalem trust us:

  • Experienced Attorneys: Our team specializes in medical malpractice and birth injury cases, ensuring you have knowledgeable representation.
  • Personalized Attention: We treat every case with the care it deserves, keeping you informed at every step.
  • Proven Results: Our track record speaks for itself, with numerous families securing the compensation they need for their child’s future.
  • No Upfront Costs: Our Bensalem birth injury lawyers work on a contingency fee basis, so you pay nothing unless we win your case.

Frequently Asked Questions About Birth Injury Claims

How much does it cost to hire a birth injury attorney?
At Fulginiti Law, we understand that families affected by a birth injury are often under significant financial strain. That’s why we work on a contingency fee basis, meaning you don’t have to pay any upfront costs or fees. You only pay if we successfully secure compensation for your case, allowing you to focus on your family without worrying about legal expenses.

What are the signs of a birth injury, and how can I tell if my child was affected?
Signs of a birth injury can vary depending on the type and severity of the condition. Common indicators include difficulty feeding, seizures, floppy or stiff muscle tone, and developmental delays. In some cases, the signs may not appear until months or even years after birth, such as missed milestones or learning disabilities. If you suspect your child was injured during delivery, it’s crucial to consult with a medical professional and an experienced attorney who can evaluate your case.

How long do I have to file a birth injury claim in Pennsylvania?
In Pennsylvania, the statute of limitations for filing a birth injury lawsuit is typically two years from the date of the injury or when the injury was reasonably discovered. However, for minors, the statute of limitations is extended, allowing families to file until the child turns 18. After the child’s 18th birthday, they may have an additional two years to file a claim. Each case is unique, so it’s important to consult with our Bensalem birth injury lawyers as soon as possible to ensure all deadlines are met.

Who can be held responsible for a birth injury?
Responsibility for a birth injury may lie with several parties, including the attending physician, nurses, medical staff, anesthesiologists, or the hospital itself. Liability depends on the circumstances of the injury. For example, a physician may be responsible for failing to perform a timely C-section, while a nurse could be held accountable for neglecting to monitor fetal distress. At Fulginiti Law, we conduct a thorough investigation to identify all parties who may be liable for your child’s injury.

What compensation can I receive for a birth injury claim?
Families affected by a birth injury may be eligible for various types of compensation. This can include medical expenses, such as the cost of surgeries, medications, therapies, and specialized equipment. You may also receive compensation for pain and suffering, emotional distress, and loss of quality of life. In addition, parents may be compensated for lost wages if they need to take time off work to care for their child. The exact amount of compensation will depend on the specifics of your case.

Contact Fulginiti Law Today

If your family has been affected by a birth injury in Bensalem, you deserve compassionate legal support. Fulginiti Law’ Bensalem birth injury lawyers are here to fight for your rights and secure the compensation your child needs to thrive. Contact us today to schedule a free consultation.

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