Compensation for Birth Injuries
There are many different types of damages that families can suffer due to an injury to an infant or mother during birth. Although there is no amount of money that can turn back the clock on what has happened, our goal as your lawyer is to pursue the full amount you need to care for your child or yourself and move forward with your life.
- Medical bills (past and future)
- Lost wages
- Lost earning capacity
- Caretaking expenses
- Pain and suffering
- Loss of life’s pleasure
- Increased risk of future harm
- Shortened life expectancy
Your family should not have to worry about being able to afford the best possible treatment and care for your child after a birth injury. Let our attorneys review your case for free and explain what compensation you may be entitled to receive.
How Do I Know if Medical Malpractice Caused My Child’s Birth Injury?
Not all complications during childbirth are grounds for a medical malpractice case or birth injury lawsuit. All medical procedures, including delivering a baby, carry a degree of uncertainty. When doctors and nurses follow proper procedures, this uncertainty is minimized. Nevertheless, in order to file a case for medical malpractice, you must be able to prove the following:
Negligence.
You must have proof that your doctor or nurse acted in a way that another qualified doctor would not under similar circumstances. For example, your obstetrician may neglect to monitor the baby’s heart rate during delivery, even though this is standard procedure.
Causation.
Even if medical negligence is present in your case, it must be a direct cause of the birth injury. For example, if your child was born with a genetic birth defect, you might not be able to collect compensation even if your doctor failed to monitor the fetal heart rate.
Harm.
Sometimes doctors make mistakes that cause no actual harm. For example, an obstetrician might not have monitored a baby’s heart rate, but the child was born perfectly healthy anyway. If so, you could not file a birth injury lawsuit because no injury resulted from the doctor’s negligence.
It is not always easy to determine whether a birth injury resulted from medical malpractice. In part, the reason is that medical professionals rarely inform patients when they make a mistake. Additionally, parents and doctors alike may not notice a birth injury until the child grows older and starts showing symptoms.
However, a birth injury lawyer from our law firm can alleviate your confusion and worry. We have experience investigating these kinds of cases, and we can get answers about what happened to you and your child. If we find evidence of medical malpractice, our attorneys can help get the compensation you need.
How Our Birth Injury Attorneys Can Help You
The birth injury lawyers at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. can help answer the difficult questions about your child’s injury. Our experienced birth injury attorneys can help you to gather evidence if your child’s injury was the fault of a doctor or another medical professional.
We know how to investigate medical malpractice that may have led to your children’s birth injury; including:
- Review medical records. The medical records help us to evaluate the care and treatment that the doctors and other medical professionals gave before, during, and after delivery. The medical records may also show information about oxygen levels and vital signs that provide insight into what went wrong.
- Consult with experts. We consult with top-notch independent doctors, nurses, and others to determine whether your child’s injury resulted from the failure of healthcare providers to meet the proper standard of care. We speak with life-care planning specialists and other experts to determine what your injured child’s future needs will be.
- Seek a fair settlement or verdict. We aggressively seek a settlement with the individual doctors or other parties at fault in your case. We will fight for a full and fair amount that covers all past and future medical expenses, lost wages, and non-economic damages like pain and suffering. If the settlement offer is less than you deserve, we won’t hesitate to take your case to trial and present a fully prepared case to a jury.
Birth injury cases are complicated. At Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., we believe it is critical that you work with attorneys who pay close attention to details, overcome issues that may arise during the litigation, and protect your rights throughout the legal process. Our experienced birth injury lawyers will do everything they can to help you recover maximum compensation so that you can better provide for your child’s care.
For more videos on birth injury legal cases, click here.
Contact Our Philadelphia Birth Injury Lawyers
If you or your child were injured before, during, or after birth from negligence, you should contact us right away. Our lawyers are experienced and here to help.
Call us today to schedule your free, confidential, no-obligation consultation. We handle all of our cases on a contingency fee basis. You won’t owe us anything unless you win your case.
We are located in downtown Philadelphia in the Center City district about a 5-minute walk from Rittenhouse Square.