Pennsylvania Birth Injury


Medical errors can make the first weeks or years of a child’s life full of doctor’s visits and medical exams. Some birth injuries are permanent, causing your child to need lifelong medical support. Luckily, you don’t need to bear the burden of someone else’s error alone. 

In Pennsylvania, you have the right to pursue legal action against medical providers if their mistakes harmed your child during birth. A Pennsylvania birth injury lawyer from our team is ready to work with you today. Give TopDog Law Personal Injury Lawyers a call at (844) 576-2116 for a free consultation.

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Hiring a Pennsylvania Birth Injury Lawyer From TopDog Law Personal Injury Lawyers

In Pennsylvania, you can pursue legal action against a physician or hospital without hiring a lawyer. However, you may find it difficult to manage the legal process on your own. After all, there are many steps involved when building a claim or lawsuit. You may not want to gather evidence, handle negotiations, or interpret laws by yourself. 

Doctors and hospitals typically carry medical malpractice insurance. These insurance providers are prepared to play hardball, so they don’t have to give you the compensation you deserve. Without the support of a lawyer, you could be strongarmed by an aggressive insurer.

Nationwide Personal Injury Lawyers

TopDog Law Personal Injury Lawyers exists because of these challenges. We’re here to support families as they fight for justice for their injured children. A Pennsylvania birth injury lawyer from our team can stand up to those responsible for your child’s injuries.

We provide our clients with the following services:

  • Standing toe-to-toe with insurers and hospitals on your behalf
  • Always fighting for and protecting your best interests
  • Taking your case to court if needed
  • Answering your tough questions
  • Handling all case communications
  • Providing you breathing room so you can support your injured child

Our Pennsylvania Attorney, James Helm, Will Advocate for You

James Helm leads our firm. He holds a Master of Business Administration and a Juris Doctorate from Rutgers University. Attorney Helm fights for the underdog. He empathizes with each client he works with, and he knows how to seek the settlement you deserve. 

At TopDog Law Personal Injury Lawyers, you can expect our team to stand by your side until your case is closed. After working with James, former clients say: 

  • “James is always in the community. When you call you get him. He is up early grinding for his city. Don’t let insurance companies bully you. Call the top dog.” – Devin R. 
  • “I’ve known James for a long time and he is one of the most hard working, smart, and determined people that I know. He goes above and beyond for his clients and is extremely motivated to get them the results they deserve. He’s very knowledgeable when it comes to anything legal. I highly recommend!” – Haley M.

We Don’t Charge Upfront Fees When You Hire Our Pennsylvania Birth Injury Lawyer

Treating a birth injury like cerebral palsy isn’t cheap, particularly if your medical insurer isn’t providing adequate coverage. We recognize that you might be in a difficult financial position. For this reason, we offer our legal services on a contingency-fee basis. This means that:

  • You pay nothing upfront
  • We only get paid when we win or settle your case

We can discuss our payment plan in-depth during a free case review. We won’t proceed until you’re comfortable with our financial arrangements.

Damages You Can Recover When You Pursue a Pennsylvania Birth Injury Case

In a Pennsylvania birth injury case, you can qualify for a range of damages, including the following:

  • Pain and suffering 
  • Reduced quality of life 
  • Lost income if you had to take time off work to care for your child
  • Medical bills associated with treating your child’s injuries
  • Wrongful death damages if you lost your child during birth

These damages differ depending on the context of your case. As your legal team, we can determine which damages you qualify for.

How Much You Could Receive in a Birth Injury Case Depends on Your Circumstances

Every birth injury case is different, meaning the amount of compensation you receive depends on your case’s details. Generally, these factors may impact how much you and your family receive in compensation:

  • The type and severity of the injuries your child suffered
  • Whether or not your case involves a lawsuit
  • The outcome of settlement negotiations
  • The legal team you choose to work with

At TopDog Law Personal Injury Lawyers, we understand that our clients like to know what they could receive in compensation. We can discuss the possible settlement amount associated with your unique case after you’ve joined our team as a client.

Birth Injury Lawyers

What if My Child Passed Away During Birth?

Wrongful death cases are uniquely challenging, particularly when they involve birth injuries. First, if you lost your child, we extend our deepest condolences. We’re prepared to treat your case with care, compassion, and patience.

Second, we recognize that compensation does not make up for what your family is going through. However, we can hold the medical system that wronged you accountable by fighting for the following wrongful death damages:

  • Pain and suffering your child experienced
  • Medical expenses associated with the loss of your child
  • Loss of companionship

In Pennsylvania, wrongful death cases are uniquely complex. They often require two types of legal actions: wrongful death lawsuits and survival actions. Our team can explain how each type of lawsuit applies to your unique case. 

The Birth Injury Statute of Limitations You Should Know About in Pennsylvania

Birth injuries fall into the category of law known as medical malpractice. This means the Pennsylvania medical malpractice statute of limitations, 42 Pa. C.S.A. § 5524(4),  impacts them. The existence of this law means you typically have two years from the incident of medical malpractice to file a lawsuit. This deadline only begins counting down once you’ve discovered that your child was injured.

Many medical malpractice cases are settled outside of court. However, you shouldn’t miss your opportunity to file a lawsuit. Lawsuits are useful legal tools and can be used as bargaining chips during settlement negotiations. Other benefits of starting your case early include the following:

  • Prevents witnesses from forgetting what they know about your case
  • Provides ample time for you or your lawyer to gather evidence
  • Avoids a stressful time crunch

Our Team Will Determine Negligence in Your Birth Injury Case

Some birth injuries are unavoidable. However, if your child was injured because of a medical professional’s negligence, you could have a case against the hospital, doctor, or nurse responsible for delivery. 


What are the Signs of
a Birth Injury

Sometimes the signs of a birth injury are
evident immediately after birth. If you
notice any of the below signs, it is best to
be precautionary and reach out to an
attorney as soon as possible.

  • After delivery, the hospital admits
    the baby to the NICU (Neonatal
    Intensive Care Unit).
  • A newborn baby is blue
  • A newborn baby suffers from
    cardiac arrest or a heart attack
  • A baby has a broken arm or leg
  • A baby appears unusually swollen

Our Team Will Determine Negligence in Your Birth Injury Case

Some birth injuries are unavoidable. However, if your child was injured because of a medical professional’s negligence, you could have a case against the hospital, doctor, or nurse responsible for delivery. 

Common forms of medical malpractice during childbirth include:

  • Misdiagnosis or failure to diagnose a serious condition
  • Death during childbirth caused by a preventable error
  • Failure to order a diagnostic test
  • Misuse of medical equipment 

These are only a few examples of how negligence can play a role in your case. What’s important, though, is that you hire a lawyer who can prove that medical malpractice occurred. To verify the existence of medical malpractice, the following must be true:

  • The doctor (or another liable party) owed a duty of care to you and your child: All medical professionals have a duty of care to those they treat. When they began a doctor-patient relationship with you, they owed you a duty of care. 
  • The doctor didn’t uphold the duty of care: Failing to act as another similarly trained medical professional is known as “breaching” the duty of care. Our team can rely on experts with medical training to determine if a breach occurred. These individuals are known as expert witnesses.
  • The breach caused your child’s injury: It’s not enough to prove that a breach occurred. The evidence must also demonstrate a link between your doctor’s negligence and the injuries your child sustained.
  • Your family suffered damages: Finally, your lawyer must show that you and your child suffered damages. Medical records are helpful during this part of the process.

If you believe your doctor could have prevented your child’s injuries but didn’t, you could take legal action. Our Pennsylvania birth injury lawyer can assess your case.

Our Firm Will Collect Evidence To Prove Negligence in Your Birth Injury Case

If you suspect negligence played a role in your child’s injury, our team can help. We can determine if you should pursue a lawsuit or seek the money you need through an insurance claim. Once we understand the details of your case, a Pennsylvania birth injury lawyer from our firm can begin an investigation, gathering evidence like:

  • Medical reports
  • Input from relevant experts, like physicians familiar with proper birthing processes
  • Witness statements
  • Evidence of treatment costs, like medical bills
Cerebral Palsy and Erbs Palsy Birth Injury Attorneys

What Is Birth Injury Law?

In a legal context, a birth injury refers to child health conditions caused by medical negligence during the birthing process. These cases focus on medical professionals making preventable mistakes that seriously or permanently impact a child’s life. By pursuing compensation, you can ensure your child’s ongoing medical expenses are covered. 

Common types of birth injuries include:

  • Cerebral palsy: Cerebral palsy permanently reduces a child’s motor control and can be caused by brain injury during birth. A lack of oxygen or head trauma are two common factors in cerebral palsy, although in some cases, the causes are unknown. Children with cerebral palsy may develop learning disabilities.
  • Erb’s palsy: Erb’s palsy is typically caused by damage to the brachial plexus (a bundle of nerves responsible for motor function) during birth. This condition causes numbness and reduced motor control in one or both arms. While Erb’s palsy may resolve itself on its own, it can lead to permanent disability. 
  • Facial paralysis: Pressure to the head during birth can tear critical nerves, leading to infant facial paralysis. This condition usually isn’t severe but requires expensive surgery in a minority of cases.
  • Fractures: Birth can cause physical trauma, like fractured bones. In infants, these injuries generally do not lead to lifelong consequences. 
  • Death: If you lost your child during birth, our team is here to determine if negligence was the cause of their passing. 

Birth Injury Risk Factors in Pennsylvania 

Various risk factors can increase the risk of a birth injury, including the following:

A prolonged birth

High infant birth weight 

The use of devices like a vacuum or forceps during birth.

The baby moves buttocks first rather than headfirst through the birth canal

Premature birth or low birth weight

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How Do I Know if My Child Was Injured During Birth?

When a child experiences brain damage during birth, doctors often bar the parents from immediately holding the child. Then, they’ll take the child to the neonatal intensive care unit (NICU) to use cooling therapy. This therapeutic process reduces the baby’s body temperature and lowers the risk of permanent brain injury. Therefore, if you couldn’t hold your child after birth, it’s possible a birth injury took place.

Given the variety of birth injury types, it may otherwise be difficult to determine if your child was injured without speaking with your doctor. However, some potentially long-term conditions like Erb’s and cerebral palsy are relatively easy to spot. Both these injuries lead to motor control reduction, causing symptoms like:

  • Developmental delays
  • Muscle stiffness or floppiness
  • Lopsided crawling
  • Weak arms or legs
  • Clumsy bodily movements
  • Inability to move one or both arms (this symptom is usually unique to Erb’s palsy)
  • Hand tremors
  • Learning disabilities
  • Difficulty eating or swallowing

If your child is exhibiting any of these symptoms or otherwise appears injured, a Pennsylvania birth injury attorney from our team can undergo an investigation on your behalf. Remember, many birth injuries don’t manifest until weeks, months, or even years after medical malpractice occurred.

Hold Those Who Caused Your Birth Injury Accountable With the Help of Our Pennsylvania Lawyer

TopDog Law Personal Injury Lawyers is currently accepting Pennsylvania birth injury clients. Contact our offices today for a free case review to learn about your options and next steps – we can support clients in either English or Spanish. 

In your time of greatest need, we’re here to fight for the case outcome you deserve. Get started by calling us today at (844) 576-2116.  

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