Giving birth to a child is both exciting and stressful, no matter how many times you’ve done it in the past. It’s why so many families choose to have their children in hospitals and rely on the expertise of their medical care team to deliver their children safely. When your child is injured during delivery, and that injury is the direct result of the actions of the medical care team, it can be devastating. While you may have a case against the medical care team and should seek help from a Pennsylvania birth injury attorney, it’s still helpful to know what types of injuries qualify as birth injuries.
What Is a Birth Injury?
Legally, a birth injury is a preventative injury that occurs as a result of the care received during labor and delivery or immediately following delivery. These injuries are the direct result of the actions of the care team including the doctor, nurses, midwives, and support teams involved in the birth.
The severity of these injuries can range from moderate and temporary to severe and life-altering. Here are some common types of birth injuries:
- Brain damage due to lack of oxygen
- Limb deformities
- Broken clavicles (collar bones)
- Spinal cord injuries
- Paralysis (partial or full)
These injuries are typically preventable, and the medical care team could be liable for your child’s injuries if those injuries occurred during or after the birth.
How Birth Injuries Occur
Typically, birth injuries result from the actions of the medical team aiding in the delivery. They’re accidents that can typically be prevented with the appropriate amount of care, caution, and patience. Many injuries happen as the result of the doctor using tools like forceps during delivery, but they can also arise due to delays in delivery that are outside of your control. Doctors may not even be aware that they’re injuring your child at the time.
What Happens if Your Child Has a Birth Injury?
If your child suffers a birth injury, you may have a case against the hospital and the medical care team involved. Ultimately, it’s their actions that caused the injury, and they should bear responsibility for those actions. However, to prove that they’re responsible, you’ll need to show that they’re legally liable for the injury. To do this, you’ll need to typically provide the following proof:
- An established patient-provider relationship
- Proof of a breach of the standard of care
- Evidence that the breach resulted in your child’s injuries
An experienced Pennsylvania birth injury attorney will be able to help you establish proof of liability. They’ll go over your documents, identify additional documentation you may need to support your case and represent you in court if you choose to file a lawsuit against the medical care team.
Date of Discovery to File a Claim
In Pennsylvania, the statue of limitations for personal injury lawsuits involving minors is extended until the child’s 20th birthday:
| Age | Statute of Limitations |
| Adults | Two years from the date of the incident |
| Minors | Two years from the minor’s 18th birthday |
This extension is intended to give minors the opportunity to seek compensation when they are adults, even if they didn’t know about the injury at the time or their parents didn’t pursue a case. However, it’s important to act early to secure your child’s rights, as witness memories fade and evidence deteriorates over time.
Do You Have a Case?
If your child was injured as a result of their birth, you may have a case against the medical care team involved. Schedule a free consultation with an experienced Pennsylvania birth injury attorney at Latona Law today. Our team will review your case and help you determine the best next steps.