What compensation can I get if my newborn is permanently injured during the labor and delivery process?

father_with_babyWelcoming a new baby is one of the most joyous occasions a family can experience.

However, when a doctor, nurse, or other medical professional fails to provide an acceptable standard of care during the pregnancy or labor and delivery process, serious birth injuries can result.

Sadly, some of these injuries can cause permanent health problems or impairments.

Examples of permanent birth injuries related to medical malpractice include:

  • Perinatal asphyxia. When an infant is deprived of oxygen during labor or delivery, the resulting long-term impairments can include seizures, cerebral palsy, and developmental disabilities.
  • Intracranial hemorrhage. Often caused by the misuse of labor and delivery tools such as forceps and vacuum extractors, an intracranial hemorrhage is bleeding between the skull and brain which, if serious, can lead to physical and intellectual impairments.
  • Cerebral palsy. This occurs when an infant sustains a brain injury in the womb or during labor and delivery. Cerebral palsy can cause an array of impairments, including problems with balance and muscle control, exaggerated reflexes, and other complications.
  • Facial nerve palsy. Damage to these nerves during labor or delivery can result in permanently paralyzed facial muscles.
  • Spinal cord injuries. Tearing or bruising of the spinal cord during labor and delivery can result in intellectual disabilities, partial or total paralysis, and even death.
  • Fetal or maternal death. Serious birth injuries may result in the death of the mother or child.

Any of the above permanent birth injuries can result in crushing medical debt. Pennsylvania law allows the parents of children who suffered birth injuries as a result of medical malpractice to seek compensation for a wide range of economic and non-economic damages, including:

  • Past, current, and future medical expenses related to the birth injury, including doctor and hospital visits, medications, therapies, assistive devices, and daily assistive care
  • Compensation for lost lifetime earnings for children who will be unable to work due to their birth injuries
  • Physical pain and suffering
  • Mental and emotional anguish
  • Loss of quality or enjoyment of life
  • Physical impairment
  • Permanent disability

Did Your Child Sustain a Permanent Birth Injury Due to Medical Malpractice?

The knowledgeable and compassionate birth injury attorneys with the Accident and Injury Law Group can help you understand your legal rights and options. Contact us today to schedule an appointment for a free initial case consultation.


Pellegrino Certa
Pittsburgh Personal Injury and Car Accident Attorney