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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.

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.

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Who is liable for birth injury malpractice in York, PA?

Our York personal injury and wrongful death lawyers file claims against many different types of healthcare professionals including:

  • Hospitals
  • Gynecologists
  • Obstetricians
  • Family doctors
  • Nurses
  • Midwives
  • Pediatricians
  • Anesthesiologists
  • Paramedics
  • 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.

Schedule a free consultation by calling 717-848-3838 or filling out our contact form. We represent children and parents in York, Lancaster, Harrisburg, Hanover, and Gettysburg.