Birth Injury Lawyer in Philadelphia: Expert Guidance for Claims

By VSCP LAW

When your child has been injured before, during, or immediately following their birth, their injuries could be serious and, in many cases, permanent. In other words, your child may suffer from those injuries for the rest of their life. A birth injury lawyer in Philadelphia could help you sue the defendants. Many people wonder whether they need to specifically hire a birth injury attorney in Philadelphia. Why not just go to a general practice lawyer or any other lawyer that you may already have a relationship with?

To start, you wouldn’t hire a math teacher to help your child learn how to play the piano. Just as there are specialists in education, so, too, are there specialists in law. Thus, for a birth injury lawsuit in Philadelphia, you should hire a Philadelphia birth injury lawyer. And not just anyone. You need to hire an experienced Philadelphia birth injury attorney. Here’s why.

YOU WILL BE ABLE TO FILE THE LAWSUIT AND YOU’LL BE ABLE TO RETAIN CRUCIAL EVIDENCE

In every birth injury case, time is of the essence. If your Philadelphia birth injury lawyer does not act efficiently and swiftly, critical information could be permanently lost or worse: You could lose the opportunity to file a lawsuit at all! You need to hire an experienced attorney who appreciates the time-sensitive nature of your birth injury claim.

          Statute of Limitations

Pennsylvania law allows you two years from when you knew or should have known that your child’s injury was the result of the defendants’ medical mistake.

In some exceptional cases, the plaintiff can show that the defendants “fraudulently concealed” their negligence (for instance, if they persuaded the plaintiff that their child’s injury was not caused by their actions or inactions). In the case of fraudulent concealment, the plaintiff is granted two years from the time they discovered (or should have discovered) that the defendants’ actions or omissions could likely have caused their child’s injury.       

          Retaining Critical Evidence

An experienced birth trauma attorney knows what actions must be taken early in the process such as ordering medical records including hospital intake forms, nurses’ logs, doctors’ notes, neonatal intensive care unit (NICU) records, lab results, diagnostic orders and test results, etc. 

Other examples of evidence that needs to be gathered in a timely fashion include witness statements, photographs and videos, and physical objects that are related to the birth injury claim such as prescription bottles and medical devices.

The presence or absence of these crucial forms of evidence could dictate whether your lawsuit is successful or not.

YOUR LIKELIHOOD OF SUCCESS IS INCREASED SUBSTANTIALLY

Despite aggressive advertising to the contrary, many attorneys do not actually have experience working on Philadelphia birth trauma cases. Many law firms list “birth injuries” on their websites because they want people to come to them with such cases, but they don’t actually have any significant experience trying these types of complicated cases.

An experienced Philadelphia neonatal injury attorney will have tried at least dozens of cases in an actual courtroom. With each case, the birth trauma lawyer becomes more and more capable because they learn something new every time. And not only do you want an attorney who has tried many birth injury cases, but you want an attorney who has tried many birth injury cases successfully. So it’s not just experience, per se, that matters – success rate is important as well.

YOUR COMPLAINT WILL INCLUDE ALL NECESSARY CLAIMS FOR COMPENSATION

An experienced birth injury attorney evaluates the case with knowledge of all possible causes of action and claims for damages. For example, here <hyperlink to categories of compensation in birth injury case> are the various forms of compensation you can collect in a Philadelphia birth injury case. Also, there are special statutes in Pennsylvania that apply to certain cases. An experienced Philadelphia birth injury attorney knows which statutes apply to your case and how to craft your claim in the way that puts you in the best position to win.

If you believe your child suffered injuries as the result of a birth injury in Pennsylvania, contact the experienced birth injury lawyers at VSCP Law. 

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