Your Family’s Advocate Following Birth Injuries
If someone in your family has suffered a birth injury, it is important to know your legal rights. If the injury was caused by the negligence of an obstetrician, nurse, midwife or other medical professional, you have the right to pursue compensation for your losses.
At John A. Caputo & Associates, P.C., we have extensive experience handling birth injury and medical malpractice claims for clients in Pittsburgh and throughout Pennsylvania. Whether the child, mother or both have suffered due to negligent medical care, we are here to guide you through the legal process and fight for the justice and compensation you deserve.
Standing Up For Victims Of Delivery Injuries
We handle a broad range of birth injury claims, including those involving:
- Cerebral palsy
- Perinatal asphyxia
- Gestational diabetes
- Brachial plexus injuries
- Delayed or emergency cesarean sections
- Erb’s palsy
- Developmental delays
- Resuscitation errors
- Untreated infections
- Anal/sphincter injuries
Attorney John A. Caputo and our legal team are highly knowledgeable about the causes of birth injuries. We aggressively pursue the facts to determine how the injury took place and to identify all liable parties.
We thoroughly assess damages in birth injury claims against healthcare providers to ensure that injured children and their families have the financial resources they need to meet today’s and tomorrow’s needs.
Frequently Asked Birth Injury Questions
You deserve to be informed of these risks and the process of helping your baby. Through our decades of experience, we have answered countless questions related to birth injuries, and we are always available to you with responsive help from an attorney.
Here are some frequently asked questions we receive from concerned parents like you:
What is a birth injury?
A birth injury is any injury your baby receives during the delivery process or their initial stay in the hospital following their birth, often qualifying as medical negligence from a medical provider. Babies most often suffer types of birth injuries to their brain, heart or body that can result in a hypoxic brain injury or other brain damage, paralysis or hypertension.
Why do I need a lawyer to file birth injury lawsuits?
Without birth injury lawyers, you may be unable to obtain the maximum compensation you deserve for your baby’s birth injuries. Hospitals are quick to settle birth injury claims by offering families a lump sum payment before they are fully informed of their right to recovery.
What kinds of damages can I expect to receive?
If your child has suffered a birth injury due to medical malpractice, such as shoulder dystocia or fetal distress, you may be eligible for various types of monetary damages to alleviate the financial and emotional burdens you face. Depending on the details of your case, birth injury lawyers can help seek compensation for:
- Medical expenses: Past and future medical costs associated with the birth injury. This includes hospital bills, doctor visits, surgeries, medications and any necessary medical equipment.
- Rehabilitation costs: Injuries like shoulder dystocia often require ongoing therapy, such as physical, occupational, or speech therapy, which can be costly and long-term.
- Home care and assistance: Some birth injuries necessitate in-home care or assistance with daily activities. This could involve hiring a nurse or aide to support your child’s needs.
- Loss of future earnings: If the birth injury results in a permanent disability affecting the child’s ability to work in the future, you may be able to claim damages for the loss of potential income.
- Educational expenses: Funds for additional educational support or special education services needed due to developmental delays or disabilities caused by the birth injury.
- Pain and suffering: Compensation for the physical pain and emotional distress experienced by both the child and the family due to the injury.
- Additional noneconomic damages: Compensation for the emotional impact on the family, such as the loss of enjoyment of life or strain on familial relationships.
It is vital to hold hospitals, doctors and other healthcare professionals accountable for birth injuries, first and foremost, to secure the necessary resources to improve your child’s quality of life. However, there are additional reasons to take legal action.
With the help of an experienced birth injury attorney, you can work to hold individuals and institutions accountable for negligence. Your advocacy can also lead to improved medical practices that reduce the risk of similar incidents in the future.
How long will it take to resolve my case?
The length of time it could take to resolve your case will vary based on your needs. Some cases are resolved quickly, while others take years. As a law firm, we ensure that you understand the process and are comfortable with each step. Ultimately, our focus is on meeting your needs in a timely and responsive manner so you and your baby obtain a just result.
What Types Of Birth Injuries Are Preventable?
Many birth injuries result from unforeseen complications during delivery; however, a significant number are preventable. Recognizing these preventable injuries is the first step toward seeking justice and compensation for your newborn’s suffering.
Preventable types of birth injury include:
- Brachial plexus injuries (Erb’s palsy): Often caused by excessive pulling on the shoulders during a head-first delivery or pressure on raised arms during a breech (feet-first) delivery.
- Cerebral palsy: This happens due to a lack of oxygen to the brain or trauma during labor and delivery.
- Fractures: Commonly occur to the clavicle or collarbone and can be rare with proper handling and technique during delivery.
- Caput succedaneum: Severe swelling of the soft tissues of the scalp, which develops as the baby travels through the birth canal. Proper monitoring and delivery techniques can reduce this risk.
- Perinatal asphyxia: Caused by an inadequate intake of oxygen before, during or just after birth which proper monitoring can prevent.
- Intracranial hemorrhage: Brain bleeds can be due to trauma during birth and may be preventable.
It is crucial for parents to recognize when their newborn’s injuries are not inevitable. Hospitals should acknowledge the pain and suffering experienced during such a delicate time, not just medically but also legally. Knowing whether a birth injury could have been prevented can be complex, requiring the keen insight of a skilled medical malpractice lawyer.
At John A. Caputo & Associates, P.C., we bring experience in handling cases involving common birth injuries, physical injuries and nerve damage resulting from birth-related medical negligence. Our team provides the compassion and legal advocacy needed to support your family through these difficult times. We are here to protect your rights and that those responsible are held accountable for their actions.
Talk To An Experienced Lawyer About Your Birth Injury Claim
To arrange your free initial consultation with a knowledgeable medical malpractice attorney, please contact our law offices online or by telephone at 412-620-6361.