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Birth injuries can change a child’s future. We fight to expose medical negligence and seek accountability.
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Birth injuries can be a very scary and traumatic experience. If you find yourself in the unfortunate situation where you or a loved one has been injured due to a birth injury, Morgan & Morgan is always here to help. Birth injuries can happen to both the mother or the infant. While hiring a lawyer and filing a lawsuit may not be the first thing on your mind in this difficult moment, it’s something you should consider as soon as you feel emotionally ready to do so. Birth injuries often cause life-long complications, and the person or persons responsible should be held accountable. This allows you to recover compensation to help pay for medical expenses, lost wages, and any treatment or rehabilitation that you or your loved one might need in the future. If you’re wondering how to find the best birth injury lawyers in Pittsburg, PA, we can help you with that.
Morgan & Morgan has experienced birth injury lawyers across the United States, including in Pittsburgh. Contact us today to set up a free and confidential case consultation so we can connect you with a birth injury lawyer.
How to Know if You Need a Lawyer
Medical complications happen far too often. Whether the cause is just bad luck or from the negligence of a medical professional, it’s an unfortunate situation to find yourself in. You probably won’t know right away whether you need a lawyer or not. You might be confused and angry, but not know who to blame or whose fault the injury was. In some cases, it might be no one’s fault. That’s where a lawyer comes in. Birth injury lawyers have spent their careers focusing on helping people seek justice for birth injuries. If something has gone wrong at the hospital during, before, or after a delivery, it’s always a good idea to contact a lawyer. Almost all medical malpractice and personal injury lawyers will offer a free consultation. This means you can speak with the lawyer about the case and see if they think you have a valid legal claim or not. Asking an experienced professional is truly the best way to know if you need a lawyer.
How to Find the Best Birth Injury Lawyers in Pittsburgh, PA
Finding a lawyer to handle such a sensitive situation can be difficult. You want someone experienced who will do everything in their power to get you and your family justice, but you also want someone with certain personality traits. When you’re dealing with something as traumatic as medical negligence, it’s normal to want a lawyer who is going to explain the law to you and really walk you through the steps with dedication and compassion. You might find a phenomenal lawyer, but if they don’t have any compassion and you don’t feel that you can work with them or trust them, then that attorney-client relationship won’t work.
Before deciding which lawyer to hire, consider the following:
Experience With Birth Injury Cases
Medical malpractice cases, particularly birth injury ones, can be complicated. They involve a lot of medical and legal jargon that can be difficult for the judge and jury to understand. It’s crucial to hire a lawyer who has experience handling birth injury cases and who can effectively communicate the information to the judge and jury in a way that they actually understand it. No matter how strong your case is, if no one understands what happened, it will be difficult for you to win your case.
Trial and Negotiating Skills
Another quality you might consider looking for in an attorney is their experience in both trying and settling cases. While most personal injury and medical malpractice cases are settled before they get to trial, many cases do wind up being handled in the courtroom.
You want a skilled negotiator who can try to get you the best offer possible, as going to trial is almost always more expensive and more stressful than settling a case. If you have a lawyer who isn’t familiar with negotiating, they could end up pushing you to take a bad deal, or you could end up with no settlement offer at all.
Conversely, it’s imperative to find a lawyer who has trial experience and isn’t afraid of the pressure associated with bringing a case to the courtroom. Many personal injury and medical malpractice firms want to settle their cases as quickly as possible in order to make some quick money. This isn’t always the best approach for you. If the defense isn’t willing to make an offer that works, then it’s important to have a lawyer who can win in the courtroom.
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John Morgan’s brother Tim was injured as a teen. Their experience with a lawyer was a nightmare. John spent 35 years building a firm to do better for families like his. And yours.
The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
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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.