Birth Injury Archives -

 How to Find the Best Medical Malpractice Attorney: 4 Things to Consider for Your Birth Injury Case

If a medical professional’s negligence caused injuries to your baby and/or the mother in the course of childbirth, you may be able to file a birth injury lawsuit. But how can you find the best attorney to handle the case? Read on to learn four important considerations in finding the best attorney for your birth injury case.

 1)    There are different disciplines of medicine involved. 

Even though birth injury sounds like a narrow subcategory of medical malpractice, it is anything but narrow in its scope. An experienced birth injury attorney will have a working knowledge of various types of medicine, including obstetrics, nursing, neonatology, pediatric neurology, pediatric cardiology, orthopedics, and maternal fetal medicine. The birth injury attorney’s deep understanding of these types of medicine enables them to properly analyze your case.

2)    A winning strategy means finding the best theory of negligence.

In addition to understanding the various types of medicine involved in a potential birth injury case, your Philadelphia birth injury lawyer must understand all of the facts in evidence and the legal theories involved. There are certain fact patterns that will be familiar to an experienced birth injury attorney and it’s the ability to recognize the particulars of these cases and pinpointing the proper theory of negligence that distinguishes a good birth injury attorney from a bad one.

3)    Your attorney needs to know the right experts. 

A good birth injury attorney in Philadelphia will have the right contacts for every case that comes across their desk. They will have a database of top-quality experts in the varying fields of birth injury medicine discussed above so that when you reach out to them to represent you, they know the first person to call for an expert opinion. If the case, for example, involves a baby’s bone fracture during childbirth, the attorney may call an orthopedist to determine the extent of the baby’s injuries. This segues neatly into the next consideration: damages.

4)    Understanding the extent of damages is key to winning the case.

In Pennsylvania, there are two main categories of compensation: economic and non-economic. Economic damages are quantifiable, the exact figure can be established with documentation. Non-economic damages are not quantifiable – they are more of a subjective assessment of the sad consequences of a birth injury. For your birth injury case, a good birth injury attorney will understand the extent of the damages and ensure that you are compensated fully. For example, if you had to stop working to manage your child’s care as a result of the birth injury, you could collect economic damages called “lost wages.” Medical expenses related to the birth injury are also economic damages. Non-economic damages would include your child’s loss of enjoyment or quality of life due to, for instance, an injury that prevents them from enjoying typical childhood milestones such as bike-riding or going down a slide at the playground.

So that you can do what’s best for your child and for your family, contact the qualified birth injury attorneys at VSCP Law.

 

According to the Centers for Disease Control and Prevention, birth injuries affect 3% of all babies born in the United States. A birth injury refers to damage caused to a baby shortly before, during, or after their birth. Birth injuries can result in permanent damage to the baby that will last into childhood and adulthood. Common birth injuries as a result of negligence at and/or around the time of delivery include bone fracture, cerebral palsy, brachial plexus, vacuum extraction complications, brain damage, and encephalopathy.
If you believe your child suffered a birth injury, you may be able to file a lawsuit and get compensated for the various costs involved with a child who has been injured. This article explores why you should hire a birth injury lawyer who specializes in birth injury law in the City of Philadelphia – and how to find the right birth injury lawyer in Philadelphia.

WHY DO I NEED TO HIRE A PHILADELPHIA BIRTH INJURY ATTORNEY?

The First Judicial District of Pennsylvania includes the Court of Common Pleas in Philadelphia. The Court of Common Pleas has more than one hundred judges and handles a wide variety of cases including birth injury cases.

Some states have a unified judicial system. In New Jersey, for instance, the same rules and forms and procedures apply whether you file a lawsuit in Camden County, New Jersey or Union County, New Jersey. Pennsylvania, however, does not have a unified judicial system. Every county is different. Practicing law in Philadelphia County, Pennsylvania is very different from practicing law in Montgomery County, Pennsylvania or Bucks County, Pennsylvania. There are special forms, filings, procedures, and processes that attorneys practicing law in other counties would find downright confusing. If you plan to hire a lawyer for a birth injury that occurred in Philadelphia, you should hire a Philadelphia birth injury lawyer.

A Philadelphia birth injury attorney knows the ins and outs of the complicated Philadelphia judicial system, has the necessary contacts at the various large Philadelphia-based medical institutions, and knows how to navigate every crucial stage of a successful birth injury case in Philadelphia.

HOW DO I FIND THE RIGHT BIRTH INJURY ATTORNEY IN PHILADELPHIA?

When you do a Google search, you may find that a lot of lawyers in Philadelphia appear to handle birth injury cases. If you click on the “Practice Areas” tab of their websites, you’ll see “birth injury” listed. That means very little. It’s very possible that no attorneys in that firm have ever handled a birth injury case. The words “birth injury” on their website just means the lawyers in that firm are willing to handle a birth injury case. Again, it’s highly possible that no one in that firm ever worked on a birth injury case.

If your child needed braces to correct an overbite, you wouldn’t take them to a dentist. You would take them to an orthodontist. You would take them to the professional who has the specific training necessary to solve the problem you bring to them.

Check out the profile pages of the attorneys at the firms you’re considering. Are there specific examples of birth injury cases listed? Check out the media tabs – are there news articles about birth injury cases? Check out their resources tab – do they offer resources on birth injuries? Do they have a blog where they discuss birth injuries? If yes, these are all indications that the attorneys have solid experience handling birth injury cases and that they will be the right birth injury attorneys for your case.

If you believe your loved one has suffered a birth injury, contact the experienced birth injury attorneys at VSCP Law.

If your child has suffered a birth injury, you may not know whether to contact a birth injury attorney. Read on to learn how a birth injury attorney in Philadelphia can help you through this difficult time.

PRESERVING YOUR RIGHTS TO FILE A CLAIM

In Pennsylvania, you can file a birth injury claim up to two years after the child turns 18 (i.e., up until their 20th birthday). But you should never wait that long to consult an attorney. If your baby suffered a birth injury, you need to contact a Philadelphia birth injury lawyer as soon as possible to preserve your claims.

While your child’s case doesn’t expire until your child turns 20, YOUR case expires two years after you knew or should have known that your child’s birth injury was someone’s fault. Your claim as the parent could be for, e.g., out of pocket expenses, emotional suffering, etc. Parents lose their individual right to sue the healthcare providers after those two years expire.

A Philadelphia birth injury attorney, with sufficient notice, can ensure that you and your child don’t lose your rights to file a lawsuit. 

GETTING YOUR CHILD ACCESS TO CRITICAL CARE 

If your child has suffered a serious birth injury, you may be so overwhelmed that you don’t know what to do next. You don’t know how to deal with this massive injury that is afflicting your child. You don’t know whom to talk to, how to navigate various hospital systems, and how to obtain the appropriate medical care for your child. Philadelphia birth injury lawyers can help by connecting you with the proper healthcare professionals who can provide thorough medical evaluations, early intervention, physical therapy, occupational therapy, and other critical care. 

COLLECTING CRUCIAL EVIDENCE

Another way a birth injury attorney in Philadelphia can help you is by collecting evidence that could be crucial to your birth injury lawsuit. Your birth injury lawyer will review medical records, retain experts, gather evidence, and conduct depositions. All of this is essential to your birth injury lawsuit – it supports the argument that the healthcare professionals’ actions or omissions caused your child’s injuries. This evidence will also help establish the extent of your child’s injuries, detailing every related issue whether it’s physical or emotional.

OBTAINING MONEY DAMAGES

As mentioned, your birth injury attorney, given time and having had the opportunity to collect critical evidence, can now fight to win you just compensation, that is, payment for your child’s suffering and your suffering.

In Pennsylvania, there are two main categories of compensation: economic and non-economic. Economic damages are quantifiable, the exact figure can be established with documentation. Examples of economic damages include: medical expenses, loss of future earnings, and lost wages (for parents who had to stop working to care for their injured child).

Non-economic damages are not quantifiable – they are more of a subjective assessment of the sad consequences of a birth injury. Examples of non-economic damages include: loss of companionship, loss of life’s pleasures, pain and suffering, humiliation and embarrassment, and disfigurement.

It goes without saying that no amount of money will take away the pain your child and your family feel after a birth injury. But, with the right birth injury attorney in Philadelphia, you can at least rest assured that you will get the most compensation possible for your case.

If you believe your child has suffered a birth injury, contact VSCP LAW at vscplaw.com.

We recently summarized the types of cases a Philadelphia medical malpractice attorney specializing in birth injury can handle. Those cases are focused on the injuries your child could suffer during childbirth. There are often medical issues that arise for the mother of the child as well. Below is a list of medical injuries that can occur during childbirth for the mother, the baby, and/or both.

Placental Abruption

The placenta is a temporary organ that develops during pregnancy. Placental abruption happens when the placenta separates from the uterine wall before the baby is delivered. When this happens, the baby could lose vital nutrients and oxygen. Placental abruption is dangerous for the mother and the baby.

Uterine Rupture

Uterine rupture can occur during vaginal childbirth. It happens when the uterus tears, which can allow the baby to slip into the mother’s abdomen. Uterine rupture can lead to severe bleeding for the mother and suffocation for the baby.

Umbilical Cord Prolapse

The umbilical cord is a tube-like structure that connects the fetus to the mother during pregnancy. It is often called the baby’s “lifeline” because it carries nutrients to the baby and carries away the baby’s waste. Before or during childbirth, the umbilical cord can drop through the open cervix into the vagina before the baby is delivered. This dangerous complication is called umbilical cord prolapse and could cause a loss of oxygen for the baby.  

Nuchal Cord

Nuchal cord occurs when the umbilical cord wraps around the baby’s neck. This can happen during pregnancy, labor, or childbirth. Nuchal cord is dangerous because it can obstruct the blood and oxygen flow to the baby.

Meconium Aspiration

Meconium is a tar-like substance that is created by the baby, at first in the womb. It’s known as the “baby’s first stool.” Meconium aspiration is when the baby is stressed and breathes in meconium and amniotic fluid. Meconium aspiration can cause significant health problems and if it is left untreated, it can be fatal to the baby.

Chorioamnionitis (Intrauterine Infection)

The “chorion” is the outer membrane and the “amnion” is the fluid-filled sac surrounding the fetus. Chorioamnionitis is a serious infection that occurs when bacteria infect the chorion, amnion, and amniotic fluid around the baby. This infection can afflict the mother and the baby, and cause premature birth. If left untreated, the mother and baby could develop serious complications including sepsis and respiratory problems.

Cervical Insufficiency / Shortened Cervix / Incompetent Cervix

The cervix is the opening at the lower part of the womb/uterus. Cervical insufficiency is when a woman’s cervix opens too early in the pregnancy process. This can cause premature birth or miscarriage.

Your medical malpractice lawyer in Philadelphia can help you determine whether any of the above medical issues is the result of a healthcare professional’s actions or omissions.

If you believe you or your child suffered a medical injury before, during, or after your child’s birth, contact the experienced Philadelphia medical malpractice lawyers at VSCP LAW at vscplaw.com to have your case evaluated.

If your child was injured during birth, you should look for a Pennsylvania medical malpractice attorney who has specific experience trying birth injury cases. That experienced birth injury attorney can help you with myriad birth injury issues, including: 

Brain Injury

The brain is one of the most delicate organs during childbirth. It is also the most important organ in a person’s body because it controls the bodily functions as well as the cognitive processing. Thus, birth injuries resulting in brain damage can be the most devastating of any birth injury. There are a variety of brain injuries including hypoxic ischemic encephalopathy (HIE or, also, perinatal asphyxia), brain bleeds (hemorrhages or hematomas), periventricular leukomalacia (PVL), kernicterus, cerebral palsy, caput succedaneum, and hydrocephalus. Many of these are caused by hypoxia or a lack of oxygen in the blood. Your medical malpractice lawyer in Philadelphia will investigate the circumstances of your child’s birth and analyze the various actions and omissions of health care professionals. That analysis will be the basis of a possible lawsuit against those healthcare professionals.   

“Baby Born Blue”

Sometimes after birth, a baby will appear to be blue in color. This blue skin tone is due to a lack of sufficient oxygen to support healthy red blood cells. (Blood cells are only red when they have enough oxygen.) It’s actually common for a baby to appear blue immediately after birth and then to take a breath, which makes the blue tone disappear. If the appearance of blue skin remains for several minutes after the birth, this could be indicative of a more serious medical problem.

A baby could be born blue because of issues during the labor and delivery – perhaps the mother had high blood pressure that wasn’t properly managed by her health care team. Or maybe low blood sugar affected the baby. During labor, a mother may be given narcotics to manage the discomfort and pain. Those drugs, if not prescribed or given appropriately, could negatively affect the baby’s ability to breathe or the regularity of the baby’s heart rate. 

Your Philadelphia medical malpractice attorney can help determine whether a doctor’s or other professional’s mistake caused your baby to suffer from a dangerous lack of oxygen.

Erb’s Palsy and Brachial Plexus 

The brachial plexus is a series of nerves near the neck that provide movement and feeling to the shoulder, arm, and hand. Erb’s palsy describes the weakness and loss of motion in these body parts. Erb’s palsy is the most common type of brachial plexus palsy. This physical injury can result from difficult deliveries, such as with a large baby or where the baby was in breech position. The injury can also result from a prolonged or delayed labor — or when the person assisting the delivery exerted excessive force in pulling the baby from the birth canal.

The above are examples of common birth injuries that require the assistance of an experienced medical malpractice lawyer in Philadelphia. If you believe your child suffered a birth injury, you may have a viable birth injury lawsuit. You should not hesitate to contact the attorneys at VSCP LAW (vscplaw.com) for a thorough evaluation of your claim.

When a family has been impacted by a birth injury, they can suffer financially. Babies who are injured during the birthing process require medical care that the parents of the child hadn’t anticipated. Some costs they didn’t plan for are related to physical therapy, occupational therapy, medicine and medical supplies, subsequent surgeries or medical procedures, and special equipment. Many of these costs are only partially covered by insurance or not covered at all. A good birth injury lawyer can help. Here are some ways that birth injury lawyers can help you recover money damages.

PRESERVING YOUR RIGHTS TO FILE A CLAIM

In Pennsylvania, you can file a birth injury claim up to two years after the child turns 18 (i.e., up until their 20th birthday). But you should never wait that long to consult an attorney. If your baby suffered a birth injury, you need to contact a Philadelphia birth injury lawyer as soon as possible to preserve your claims. 

While your child’s case doesn’t expire until your child turns 20, YOUR case expires two years after you knew or should have known that your child’s birth injury was someone’s fault. Your claim as the parent could be for, e.g., out of pocket expenses, emotional suffering, etc. Parents lose their individual right to sue the healthcare providers after those two years expire.

COLLECTING CRITICAL EVIDENCE

Another reason you need to contact a birth injury attorney in Philadelphia as soon as you suspect your baby was injured at birth is that your birth injury lawyer needs ample time and opportunity to review medical records, retain experts, gather evidence, and conduct depositions. All of these processes need to be done sooner rather than later as the passage of time tends to erase memories and details. And your birth injury attorney needs all the memories and details available to create a clear and successful lawsuit on your behalf.

OBTAINING MONEY DAMAGES

As mentioned, your birth injury attorney, given time and having had the opportunity to collect critical evidence, can now fight to win you just compensation, that is, payment for your child’s suffering and your suffering.

In Pennsylvania, there are two main categories of compensation: economic and non-economic. Economic damages are quantifiable, the exact figure can be established with documentation. Examples of economic damages include: past and future medical expenses (often incredibly expensive), loss of future earnings, and lost wages (for parents who had to stop working to care for their injured child). 

Non-economic damages are not quantifiable – they are more of a subjective assessment of the sad consequences of a birth injury. Examples of non-economic damages include: loss of companionship, loss of life’s pleasures, pain and suffering, humiliation and embarrassment, and disfigurement.

It goes without saying that no amount of money will take away the pain a child and their family feel after a birth injury. But, with the right birth injury attorney in Philadelphia, you can at least rest assured that you will get the most compensation possible for your case.

If you believe your child has suffered a birth injury, contact VSCP LAW at vscplaw.com.

 

If your baby was injured during his or her birth, you may wonder whether you should hire a birth injury lawyer. But not all babies’ injuries are the result of someone else’s wrongdoing or negligence. So how do you know when you should consult a birth injury attorney in Philadelphia? Here are some of the critical situations where you should hire a birth injury lawyer in Philadelphia.

“Baby Born Blue”

Sometimes after birth, a baby will appear to be blue in color. This blue skin tone is due to a lack of sufficient oxygen to support healthy red blood cells (blood cells are only red when they have enough oxygen).  If the appearance of blue skin remains for several minutes after the birth, this could be indicative of a serious medical problem.

Brain Injury

The brain is one of the most delicate organs during childbirth. It is also the most important organ in a person’s body because it controls the bodily functions as well as the cognitive processing. Thus, birth injuries resulting in brain damage can be the most devastating of any birth injury. There are a variety of brain injuries including hypoxic ischemic encephalopathy (HIE or, also, perinatal asphyxia), brain bleeds (hemorrhages or hematomas), periventricular leukomalacia (PVL), kernicterus, cerebral palsy, caput succedaneum, and hydrocephalus. Many of these are caused by hypoxia or – as described above – a lack of oxygen in the blood.

Erb’s Palsy and Brachial Plexus

The brachial plexus is a series of nerves near the neck that provide movement and feeling to the shoulder, arm, and hand. Erb’s palsy describes the weakness and loss of motion in these body parts. This physical injury can result from difficult deliveries, such as with a large baby or where the baby was in breech position. The injury can also result from a prolonged or delayed labor — or when the person assisting the delivery exerted excessive force in pulling the baby from the birth canal.

DO NOT DELAY

In Pennsylvania, you can file a birth injury claim up to two years after the child turns 18 (i.e., up until their 20th birthday). But you should never wait that long to consult an attorney. There are two main reasons you should contact a birth injury attorney in Philadelphia as soon as you suspect your baby’s injury was caused by another person’s action or inaction:

(1)  To preserve the parents’ claims. While your child’s case doesn’t expire until your child turns 20, YOUR parental claims expire two years after you knew or should have known that your child’s birth injury was someone’s fault, which is usually two years from the date of birth. Your claim as the parent could be for, e.g., out of pocket expenses, emotional suffering, etc. Parents lose their individual right to sue the healthcare providers after those two years expire. 

(2)  To preserve and gather medical records, testimony, etc. Your birth injury attorney needs ample time and opportunity to review medical records, retain experts, gather evidence, and conduct depositions. All of these processes need to be done sooner rather than later as the passage of time tends to erase memories and details. And your birth injury attorney needs all the memories and details available to create a clear and successful lawsuit on your behalf.

If you believe your child suffered a birth injury, you may have a viable birth injury lawsuit. You should not hesitate to contact the attorneys at VSCP Law (vscplaw.com) for a thorough evaluation of your claim. 

 

According to the Centers for Disease Control and Prevention, about seven in 1,000 children will suffer from a birth injury. A birth injury refers to damage caused to a baby shortly before, during, or after their birth. Birth injuries can result in permanent damage to the baby that will last into childhood and adulthood. Common birth injuries include bone fracture, cerebral palsy, brachial plexus, vacuum extraction complications, brain damage, and encephalopathy. 

If you believe your child suffered a birth injury, you may be able to file a lawsuit and get compensated for the various costs involved with a child who has been injured. This article explores why you should hire a birth injury lawyer in Philadelphia.

WHY HIRE A LAWYER WHO SPECIALIZES IN BIRTH INJURY CASES?

If your child needed braces to correct an overbite, you wouldn’t take them to a dentist. You would take them to an orthodontist. You would take them to the professional who has the specific training necessary to solve the problem you bring to them.

It’s the same thing with attorneys. You shouldn’t take your birth injury case to a general practice attorney or a general medical malpractice attorney who doesn’t have the specific experience and training necessary to solve the problem you bring to them.

Birth injury cases can be complicated. They can require people with specialized knowledge in navigating the many moving parts of these complex cases. Birth injury cases involve medical experts, financial experts, life care planners, physical therapists, occupational therapists, speech pathologists, rehabilitation specialists, education experts, etc. And the lawyers you hire need to have the special experience and training required to file and execute a successful birth injury lawsuit. Thus, find a birth injury attorney – that is, an attorney who has specific experience and training in birth injury law – to help you through this difficult process.

WHY DO I NEED TO HIRE A PHILADELPHIA BIRTH INJURY LAWYER?

The First Judicial District of Pennsylvania includes the Court of Common Pleas in Philadelphia. The Court of Common Pleas has more than one hundred judges and handles a wide variety of cases including birth injury cases.

Some states have a unified judicial system. In New Jersey, for instance, the same rules and forms and procedures apply whether you file a lawsuit in Camden County, New Jersey or Union County, New Jersey. Pennsylvania, however, does not have a unified judicial system. Every county is different. Practicing law in Philadelphia County, Pennsylvania is very different from practicing law in Montgomery County, Pennsylvania,  Pennsylvania or Bucks County, Pennsylvania. There are special forms, filings, procedures, and processes that attorneys practicing law in other counties would find downright confusing. If you plan to hire a lawyer for a birth injury that occurred in Philadelphia, you should hire a Philadelphia birth injury lawyer.

A Philadelphia birth injury attorney knows the ins and outs of the complicated Philadelphia judicial system, has the necessary contacts at the various large Philadelphia-based medical institutions, and knows how to navigate every crucial stage of a successful birth injury case in Philadelphia.

If you believe your loved one has suffered a birth injury, contact VSCP Law at vscplaw.com.

 

 

 

 

Birth injury medical malpractice cases can be complicated. They require people with specialized knowledge in navigating the many moving parts of these complex cases. Birth injury cases involve medical experts, financial experts, life care planners, physical therapists, occupational therapists, speech pathologists, rehabilitation specialists and education experts, among other experts. 

Victims of birth injury medical malpractice and their families can rest assured that their attorneys at VSCP LAW work tirelessly to ensure that they are getting the highest possible compensation for their injuries. Some clients wonder how their Philadelphia birth injury lawyer does this. Read on to learn how VSCP LAW’s birth injury attorneys in Philadelphia work towards getting you compensated in your birth injury lawsuit.

SIGN A CONTINGENT FEE AGREEMENT

The Philadelphia birth injury lawyers at VSCP LAW can begin working on your case after you sign a Contingent Fee Agreement with them. In a Contingent Fee Agreement, you authorize the attorneys to work on your behalf to seek justice. The Agreement includes a contingent fee: when you win your case, the attorney gets a fixed percentage of payment from the amount that you are paid at the end of your lawsuit. Until that time of resolution, you don’t have to pay the lawyer at all despite the fact that your lawyers at VSCP LAW are working long hours, often for years, on your behalf.

THE LAWSUIT IS FILED

After you have authorized the birth injury lawyers at VSCP LAW to seek compensation on your behalf, they have to draft – and then file – a Complaint (or a statement of claims and damages) with the court on your behalf.

But before they draft this Complaint, according to Pennsylvania law, they must find a medical expert to review the medical records and form an opinion as to whether there was negligence involved in your child’s birth injury. This medical expert will then sign what is called a Certificate of Merit. A Certificate of Merit is an official statement from a medical expert that they have reviewed the relevant medical records and the expert has concluded that there is reason to believe that the defendants failed to meet the proper standard of care in treating their patient (your child). The statement also provides that the defendants’ failure to meet the proper standard of care resulted in your child’s injuries. 

This affirmation by counsel concerning the fact that a Certificate of Merit has been received must be filed in addition to the Complaint in the lawsuit.

DISCOVERY

Next, your lawyers must engage in a sometimes lengthy process called “discovery.” Discovery includes collecting and reviewing all medical records, doctors’ notes, hospital summaries, discharge instructions, etc. It also involves interviewing witnesses in what are called “depositions.” Both parties – that is, your lawyer and the lawyers on the other side – engage in this process, trying to collect as much information as possible to truly understand what happened before, during, and after the birth injury. They will also need to hire medical experts to serve as expert witnesses. These medical experts have to write reports to support your case. Your lawyers will review these reports and submit them to the other side as part of this information-gathering process.

TRIAL

After the discovery period has ended, the lawsuit goes to trial in a civil court. On TV and elsewhere, you may have seen a judge or lawyer state that they must prove their case “beyond a reasonable doubt.” That is the burden of proof in criminal cases.

But your birth injury case is different. Your birth injury case is tried in a civil (not criminal) court. And in a civil court, your birth injury attorneys need only prove their case beyond a “preponderance of the evidence.” This just means that they have to show that – more likely than not – the defendants’ negligence caused your child’s injuries. (Thankfully, this is a far easier burden of proof to meet than “beyond a reasonable doubt”!)

RESOLUTION

Your case will resolve with one of two outcomes: 

(1)  Settlement — At some point prior or during trial, the parties might agree to a settlement of your lawsuit. This occurs if you and the defendants come to a settlement amount that is satisfactory to both parties; or

(2)  Jury verdict – The case has been tried in full and concluded in front of the jury and they determine the defendants’ negligence and award a compensation amount, if the jury finds in your  favor.

In either of the successful scenarios – a mutually agreeable settlement or a jury award in your favor – you will be awarded compensation. Click here for an overview of the types of compensation you can receive.

If you are ready to have the birth injury attorneys at VSCP LAW fight to get you compensated for your child’s birth injury, contact them at www.vscplaw.com

When your child suffers from a birth injury, you and your family may suffer immense emotional and financial burdens. Filing a lawsuit against the medical team and establishment responsible for the injury can help you recover financially. Your birth injury lawyer in Philadelphia will fight to get you the highest compensation to help you regain your financial footing.

In Pennsylvania, there are two main categories of compensation: economic and non-economic. Economic damages are quantifiable, the exact figure can be established with documentation. Non-economic damages are not quantifiable – they are more of a subjective assessment of the sad consequences of a birth injury. Read on for the list of categories of compensation that your Philadelphia birth injury attorney can win for you:

Categories of Compensation

ECONOMIC


Future earnings.

If your child’s birth injury will likely prevent your child from working in any meaningful and gainful employment for his/her entire life and therefore you may be able to collect compensation for the future earnings that your child can no longer earn.

Medical expenses.

This category of compensation is related to all of the bills from the hospital, doctors, physical therapist, pharmacy, and any other healthcare service or provider in the time leading up to, during, and after your child’s birth injury.

Burial/Funeral costs.

If your child’s birth injury led to their death, burial and funeral costs may be compensated.

 

NON-ECONOMIC


Loss of companionship, comfort, and society.

Sometimes referred to as “loss of consortium,” this describes the loss of the benefits of having someone in your life. For a parent of a child who suffered a birth injury, this may include the loss of the opportunity to witness certain milestones like walking, talking, riding a bike, and playing sports. Or the loss of emotional connection through words or hugs or facial expressions.

Loss of life’s pleasures.

Also referred to as “loss of enjoyment of life” or “loss of quality of life,” this category refers to the loss of typical experiences an able-bodied person may enjoy. Perhaps it’s tasting ice cream on a hot summer day or riding a scooter to the neighborhood playground or baking cookies with a grandparent.

Pain and suffering.

This category refers to the physical and emotional pain and suffering that someone undergoes as the result of the birth injury. Some pain is obvious because it’s accompanied by moans, groans, and/or winces; other pain is invisible because it’s experienced internally, but it is no less significant.

Humiliation/embarrassment.

In some birth injury cases, a child is left immobilized or physically disabled and that can result in feelings of embarrassment.

Disfigurement.

If your child suffers from disfigurement as the result of their birth injury, they can be compensated. Disfigurement could be the loss of a limb, scarring, misshapen body parts, etc.

It goes without saying that no amount of money will take away the pain a child and their family feels after a birth injury. But, with the right birth injury attorney in Philadelphia, you can at least rest assured that you will get the most compensation possible for your case.

If you believe your child has suffered a birth injury, contact VSCP LAW at www.vscplaw.com.