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What Is the Statute of Limitations?
If you plan to file a birth injury case in Pittsburgh, you must file a lawsuit within two years from the date of the injury. If the injury wasn’t discovered right away, the statute of limitations will probably be extended. You can file a claim up to 7 years after the date of the injury if you weren’t aware that there was in fact a birth injury.
What Are the Most Common Birth Injuries?
Some of the most common birth injuries include the following:
- Brachial Plexus Injury - The brachial plexus is a group of nerves that controls movement and feeling from the spinal cord to the arms and hands. When it is injured, the infant can lose the ability to flex or rotate their arm. If the injury is a result of bruising and swelling around the nerves, movement can and should return within a few months. However, if the nerves are torn, this can cause permanent nerve damage.
- Facial Paralysis - When a baby is being birthed, there is a lot of pressure on their face, which can in some cases injures their facial nerves. This can also happen when forceps are used incorrectly during delivery. Generally, this type of injury is seen when the baby is suffering some type of crisis during the delivery. If the nerve is only bruised, the paralysis can improve. If the nerve was torn, surgery may be required, and the paralysis could be permanent.
- Cerebral Palsy – 2 or 3 children out of every thousand born may have cerebral palsy, which is characterized by a lack of motor skill development, weaker muscles, and muscle spasms. Cerebral palsy can result from the infant’s brain being damaged during birth. If a medical professional did not properly monitor the mother, the doctor delivering the baby used inadequate birth techniques, or there was a failure to monitor fetal distress during labor, this can cause hypoxic episodes and lead to cerebral palsy. There is no cure for cerebral palsy, which can also lead to additional health problems such as difficulty with hearing and vision, learning disabilities, and speech difficulties.
- Spinal Cord Injuries – These types of injuries are usually the most severe kind of birth injuries. A baby can suffer a spinal cord injury if the forceps were used improperly or with too much force, causing nerve or cord damage. This can result in paralysis as well as neurological issues. These damages can be lifelong.
What’s the Difference Between a Birth Injury and a Birth Defect?
A birth defect is usually something that occurs prior to the baby’s birth, and it could be a result of genetics, bad luck, or something that occurred before or during the pregnancy. There isn’t usually a medical malpractice claim for a baby who is born with birth defects. Birth injuries, on the other hand, are those that occur before, during, or after the birth and occur as a result of something the medical professional does incorrectly. If their actions amount to negligence, you may be able to file a medical malpractice suit.
In some circumstances, birth injuries do occur, and no one is legally responsible. People make mistakes, even doctors, and it doesn’t always give rise to a lawsuit.
Who Can I Sue for the Birth Injury?
There are several different people you might be able to file a lawsuit against. First, the doctor who performed the delivery, especially if they’re the one who made a mistake and caused the birth injury. Additionally, there might be other medical professionals who are responsible for the birth injury. This is something that you should discuss with an experienced attorney, as they will know who you have the best chance of holding responsible. In some circumstances, you can also file a lawsuit against the hospital that employs the doctor.
Morgan & Morgan Is Here for You
If you or a loved one has suffered a birth injury, we want to help. We know how frustrating the medical and the legal system can be at times. Our job is to make it easier and as stress-free as possible for you. Anytime you have a question about your case, we will be happy to answer it and update you on what’s going on. Additionally, we take all of our cases on a contingency fee basis, so you never have to pay us upfront or out of your own pocket. We only get paid once we win or settle your case. Throughout the course of our career, Morgan & Morgan attorneys have recovered more than $25 billion dollars for our clients. If you’re still wondering how to find the best birth injury lawyers in Pittsburgh, PA, look no further. Contact Morgan & Morgan today for a free and confidential case evaluation.