York, PA Birth Injury Lawyers
Fighting for parents and newborns when birth doctors commit medical malpractice
All parents want their baby to be born healthy. The worst words parents can ever hear are that their child has a birth disorder. What makes the words even more horrific is learning that your child’s birth injuries could have been prevented. Gynecologists, obstetricians, other birth doctors, and hospitals have a duty to anticipate all the complications that may reasonably occur during the birth of a newborn. These doctors also have a duty to provide competent care during the pregnancy and after the baby is born.
At KBG Injury Law, our York medical malpractice lawyers understand how shattering it is to learn that your newborn will live with cerebral palsy, brain damage, or other disorders or defects for the rest of his or her life. We work with physicians who understand why birth injuries happen, what steps should be taken to prevent them, and how the injuries affect a child’s physical, emotional, and cognitive well-being. We fight to hold negligent doctors accountable for the life changes your child will have to cope with, the lifetime of medical expenses, and the pain and suffering your child will endure.
How can we help you today?
- What birth injury cases do you take in York, PA?
- What are examples of labor and delivery negligence?
- Who is liable for birth injury malpractice in York, PA?
- How much is a birth injury case worth in York, PA?
- Can I afford a York, PA birth injury lawyer?
- Do you have a birth injury lawyer near me?
- Meet our experts
What birth injury cases do you take in York, PA?
Every year, thousands of babies are injured during the labor and delivery process, or from negligent post-partum care. While some birth injuries may not be preventable, many birth injuries could have been prevented if the physicians had anticipated complications and taken proper steps in response to these complications. KBG Injury Law represents families whose children sustained injuries such as:
- Cerebral palsy. According to the Centers for Disease Control & Prevention (CDC), “About 1 in 345 children (3 per 1,000 8-year-old children) in the United States have been identified with cerebral palsy,” a disorder that affects mobility and muscle movement. Symptoms include stiff muscles, exaggerated reflexes, difficulty speaking and chewing, involuntary movements. learning disabilities, intellectual disabilities, and other complications. CP has many causes, including a failure of the brain to receive enough oxygen during the delivery.
- Brachial plexus injury. These injuries affect the nerves in the hands, arms, wrists, and shoulders. There are several types of brachial plexus injuries including Erb’s palsy, Neurapraxia, and Klumpke’s palsy. Brachial plexus injuries are often caused by:
- The improper use of forceps and vacuum extractors
- Excessive pulling and stretching of the baby
- Breech birth
- Shoulder dystocia
- Extended contractions during labor or delivery.
- Hypoxic Ischemic Encephalopathy (HIE). This injury is caused by oxygen deprivation, which in turn can be caused by undiagnosed/untreated maternal infections, umbilical cord problems, placental abruption, uterine rupture, and other life-threatening emergencies. This birth injury should be entirely preventable with proper monitoring before birth, during labor, and during the delivery.
- Uterine rupture. If the uterus tears, the baby can move into the abdominal cavity. It is a life-threatening condition for mother and child and should be treated immediately by C-section. Failure to diagnose and address a uterine rupture could lead to catastrophic injuries or a fatality.
What are examples of labor and delivery negligence?
Medical malpractice includes a lack of competent care for the mother and/or the child at any time during the pregnancy, labor and delivery, or post-partum period. Often, birth injuries are a result of negligence during labor and delivery. Examples of this labor and delivery negligence can include:
- Improper use of birth injury tools
- Failure to anticipate a complication
- Failure to diagnose a complication such as placental abruption or pre-eclampsia
- Failure to respond or treat a complication
- Failure to monitor the mother and baby
- Failure to control the amount of oxygen to the baby’s brain
- Failure to manage the mother and baby’s blood pressure
- Not treating infections properly
- Not conducting or delaying a C-section
At KBG Injury Law, we work with medical specialists to show birth injuries could have been avoided.
Who is liable for birth injury malpractice in York, PA?
- Family doctors
- Other medical facilities and healthcare providers
How much is a birth injury case worth in York, PA?
There is no precise formula for any injury case. Our York, PA birth injury lawyers focus on every factor that affects your child’s life. We work to explain and document each factor. The sum of all these factors usually adds up to large damage awards. Some of the many factors that determine the amount of damages in a Pennsylvania birth injury claim include:
- Medical expenses. Newborns with cerebral palsy, HIE, and other birth injuries need long-term medical care. This care includes hospitalizations, doctor visits, extensive therapy, psychological care, medications, and the use of assistive devices.
- Pain and suffering. Children with birth injuries deserve compensation for the loss of function, for their daily struggles, for their physical pain, and for all the anxiety, heartache, and depression that birth injuries cause.
- Scarring and disfigurements. Children who live with a visible injury are generally entitled to additional damages to deal with the trauma of coping with their self-esteem and loss of confidence.
- Punitive damages. If a health provider’s conduct was inexcusable, such as delivering a baby while the provider was intoxicated, we demand that the health provider pay punitive damages.
Birth injury claims are normally filed by the parents or by a guardian ad litem. Any compensation collected or recovered must be placed into a restricted account, a trust or a structured agreement to ensure that the funds are available solely for the benefit of the minor. When newborns turn 18, they are normally entitled to the full amount of the funds placed in a restricted account – provided they are competent to handle those funds.
At KBG Injury Law, we work to prove that the health providers who had a duty to provide competent medical care failed to do so. Doctors and hospitals will fight tooth and nail to deny liability. You need skilled aggressive medical malpractice lawyers on your side.
Can I afford a York, PA birth injury lawyer?
At KBG Injury Law, we handle birth injury claims on a contingency fee basis. This means we are paid only if your case settles, or there is a jury verdict. The amount of the contingency fee is generally a smaller percentage than for adult claims. Our York, PA birth injury lawyers will explain the contingency fee arrangement with you at the initial consultation.
Do you have a York, PA birth injury lawyer near me?
KBG Injury Law is located at 110 North George Street. We are right in the heart of York, near Interstate 83 and Routes 30, 74 and 462. We also have offices throughout South Central Pennsylvania.
We like to meet your newborn so that we can directly understand and see what difficulties your child is experiencing, in addition to meeting with you in person.
Speak with a respected York, PA birth injury now
Doctors, hospitals, and other healthcare providers will have insurance companies and defense lawyers on their side. You need seasoned personal injury lawyers who aren’t afraid to say the health care provider was negligent, and that negligence caused your child’s injuries. At KBG Injury Law, our York, PA birth injury lawyers have a strong track record of success negotiating personal injury and wrongful death cases with insurance adjusters. We are respected for our ability to argue our client’s case before a jury.
Meet Our Experts
Brian P. Strong is a personal injury and wrongful death lawyer at KBG since 2002, and has successfully achieved large verdicts for his clients. A member of multiple bar associations, he also actively supports community organizations. He started his career as a judicial clerk, then as a prosecutor, before focusing on civil litigation. Outside work, he enjoys outdoor activities and is an avid supporter of Susquehanna Service Dogs and the health of the Chesapeake Bay.
Craig Milsten, an AV-Preeminent rated trial attorney, is known for his numerous courtroom victories and specializes in personal injury and insurance bad faith cases. With degrees from The American University and the University of Pittsburgh School of Law, he has held leadership positions in the York County Bar Association. Prior to his law career, he was a sportswriter for the Washington Post. Craig is also an active community volunteer, raising significant funds for health initiatives.
Ted Kennett has spent over 30 years advocating for individuals harmed by negligence, specializing in various types of accident and negligence cases. A Temple Law School graduate, he has extensive experience, ranging from the District Attorney's office to litigation before the Supreme Court. With numerous accolades, including membership in the Million Dollar Advocates Forum and an "AV-Preeminent" rating, Ted is currently Chair of the Lancaster Bar Association Professionalism/Ethics Section.
Evan Kline, with nearly 30 years of experience, has represented hundreds of clients in complex injury claims, securing large verdicts. He is "AV-Preeminent" rated and a member of the Million Dollar Advocates Forum. Nationally recognized for his use of technology in law, he speaks at numerous conferences. A believer in prioritizing clients over cases, Evan joined KBG Injury Law in 2001, having previously worked with a large Harrisburg firm and insurance companies.
Tim Salvatore, with nearly 30 years of legal experience, specializes in complex injury claims, often representing motorcyclists. Previously representing insurance companies, he found fulfillment in advocacy for injured individuals and joined KBG over two decades ago. A Widener University School of Law graduate, he serves in multiple local associations and has an "AV-Preeminent" rating, as well as membership in the Million Dollar Advocates Forum.
Wesley A. Addington, a Lancaster County native and Widener Law School graduate, focuses on representing injured individuals at KBG's personal injury and wrongful death team. Prior to KBG, he gained experience in general practice law offices, the Dauphin County Public Defender’s Office, and a personal injury office in Lehigh Valley. He believes in informing clients about their rights and providing plain language advice. Wes is a member of the York County and Pennsylvania Bar Associations.
Brad K. Muller, a York County native and University of Baltimore School of Law graduate, began his legal career as a Judicial Clerk and then as a prosecutor in the York County District Attorney’s Office. Currently, at KBG Injury Law, he uses his expertise to assist clients achieve justice. Brad holds various roles within the York County Bar Association and the Pennsylvania Bar Association. His personal interests include cooking, board games, and traveling.