Pittsburgh
Birth Injury Lawyer

On This Page

1. Understanding Negligence in Birth Injury Cases
2. Our Pittsburgh Birth Injury Attorneys Fight for Your Child’s Future
3. Pittsburgh Birth Injury FAQs
4. Let Our Birth Injury Lawyers in Pittsburgh Help Your Child Now

REVIEWED BY

C. William Kenny

January 01, 2024

Board certified by National Board of Trial Advocacy

Bringing a child into the world should be one of life’s most joyous moments. However, it’s devastating when your newborn child suffers avoidable birth injuries at the hands of negligent doctors or other medical professionals. If your child suffered any type of injury or trauma during birth that could be connected to an error by a member of your medical team, you may have grounds for a medical malpractice claim.

At Berger and Green, we understand how overwhelming it can be to see your newborn child injured by the very people to whom you entrusted his or her care. The Pittsburgh personal injury lawyers at our firm have been serving as steadfast victim advocates for more than 40 years. We are committed to seeing that those responsible for the harm that has come to your child are held fully accountable. Contact our Pittsburgh birth injury lawyers today to get started.

Understanding Negligence in Birth Injury Cases

Negligence in a medical setting occurs when a healthcare provider fails to meet the accepted standard of care, leading to preventable harm. In birth injury cases, this can manifest as:

• Failure to Diagnose or Treat Conditions: Such as maternal infections, preeclampsia, or umbilical cord issues.
• Improper Monitoring of Vital Signs: Neglecting to observe signs of fetal distress, like abnormal heart rates, which require immediate intervention.
• Errors During Labor and Delivery: These include improper use of tools like forceps or vacuum extractors, and failure to perform a necessary C-section in time.
• Medication Errors: Administering the wrong type or dosage of drugs, which can lead to complications for the mother or baby.

Not every mistake is automatically considered negligence. Our lawyers can help by proving negligence in a medical malpractice case and assigning liability to responsible parties.

Our Pittsburgh Birth Injury Attorneys Fight for Your Child’s Future

Depending on the type of injuries suffered by your child, he or she may require lifetime care. It can be necessary to work with medical experts, life-planning specialists and others in order to gain a complete understanding of your child’s short- and long-term needs. We use that information to proactively seek the right compensation for your child’s claim.

Our firm handles a broad range of birth injury claims, including the following:

• Cerebral palsy
• Erb’s palsy
• Brachial plexus and shoulder dystocia injuries
• Brain damage from hypoxia or other conditions
• Negligent monitoring of vital signs
• Failure to perform a C-section or performing one that was not needed

Our Pittsburgh medical malpractice lawyers have over 40 years of experience helping injury victims, and we’ve helped our clients win millions. We know that compassion, knowledge, and determination are essential to a malpractice case, and we’re here to get to work for you.

Pittsburgh Birth Injury FAQs

We understand you might have numerous concerns related to your case and your child’s condition following a birth injury. If you have questions about a birth injury, it is important to speak with your Pittsburgh birth injury attorney. 

Why Do Parents Hire Birth Injury Attorneys?

We understand that no parent ever goes into labor expecting their baby’s delivery to be perfect. Complications happen. However, parents trust the hospital, obstetrician, and medical staff to uphold their duty of care, handle situations properly, and keep the mother and baby safe. These labor and delivery professionals are trained to do so.

But when that duty of care is broken due to negligence because of a preventable medical error, lives can be destroyed. The baby and mother can suffer life-changing consequences. When you hire a birth injury lawyer, you have an advocate on your side to help you file a claim for compensation.

While a financial settlement can’t undo the harm caused and suffered, it can at least help cover the costs of treatments and associated expenses. With a lawyer on your side, you give yourself and your child a chance to have the highest quality of life possible.

What Is Pennsylvania’s Statute of Limitations?

Under 42 Pa. Consol. Stat. § 5524(2), personal injury claims, including those for birth injuries, must generally be filed within two years. However, special rules apply when the victim is a minor. In many cases, the statute of limitations may toll, or be extended, until the child’s 20th birthday, allowing time for the parents or child to file a claim.

Despite this extension, it’s critical to act promptly. Evidence supporting your case, such as medical records and witness statements, is more likely to be available and accurate shortly after the incident. Consulting a dedicated Pittsburgh birth injury attorney as soon as possible ensures your claim is filed on time and protects your ability to secure fair compensation.

What Can I Recover in a Birth Injury Claim?

Victims of birth injuries can recover compensation from the at-fault party. Often, in cases like these, damages are related to financial losses, medical costs, and lost wages. However, you can also pursue non-economic damages based on values of emotional trauma and the lifetime consequences of the injury.

Whether your child suffered Erb’s or cerebral palsy, spinal cord damage, a traumatic brain injury, or any other physical harm, you’ll likely be dealing with costs associated with medical equipment, therapy, and lifetime care. Any and all associated costs will be included in your claim.

When filing a claim for a birth injury, you can recover compensation for the mother and child’s:

• Current and future medical costs
• Physical and cognitive therapy
• A life care plan
• Medical equipment
• Lost wages
• Loss of earning potential
• Mental anguish
• Pain and suffering
• Home and vehicle modifications
• Disability
• Loss of enjoyment of life

What Are the Long-Term Effects of Birth Injuries?

Birth injuries can lead to a lifetime of challenges, requiring ongoing medical care and support. For example:

• Cerebral Palsy: This neurological disorder that affects movement and muscle coordination, often requiring therapy, surgeries, and specialized equipment.
• Brachial Plexus Injuries: Conditions of this nature, like Erb’s palsy, can result in permanent weakness or loss of motion in the arm. 
• Brain Injuries from Hypoxia: Oxygen deprivation during birth may lead to developmental delays, learning disabilities, or permanent brain damage.

These conditions can lead to emotional, physical, and financial strains on families. That’s why it’s crucial to seek compensation to ensure your child has access to the resources needed for their well-being.

Let Our Birth Injury Lawyers in Pittsburgh Help Your Child Now

To schedule a free consultation with one of our attorneys, call us today. We handle all personal injury claims on a contingency fee basis, so you pay no attorneys’ fees or costs to us unless we recover compensation for you. Berger and Green offers free home and hospital visits. Our Pittsburgh birth injury attorneys are ready to fight for your family today.