Was your child's injury at birth the result of medical negligence?

When Medical Negligence Impacts the Birth of a Child

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Few experiences carry the anticipation of welcoming a new child. Families often spend months — and sometimes years — preparing for that moment. In most cases, childbirth, while physically demanding, ends in relief and celebration. However, when complications arise and something goes wrong, that experience can quickly change. In some situations, the birth of a child is accompanied by the realization that a preventable error may have occurred. When medical negligence is involved, families may have the right to pursue compensation for the harm caused under Pennsylvania law.

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Understanding Medical Malpractice in Birth Injury Cases

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In Pennsylvania, medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, and that failure results in injury. In the context of childbirth, this generally involves:

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• The provider owes you a duty of care;

• The provider deviated from that duty of care (i.e., deviated from accepted medical standard);

• There is a direct causal connection between that deviation and the injury; and

• There is injury.

 

Birth injury cases often involve complex medical issues, including failures to recognize fetal distress, delays in performing a necessary cesarean section, improper use of delivery instruments, or inadequate monitoring during labor. Birth injuries may occur during pregnancy (in utero) or during labor and delivery. When preventable harm occurs, Pennsylvania law provides you a pathway to seek accountability.

 

Common Types of Birth Injuries

 

The nature of a birth injury often depends on the underlying medical error. Some of the more commonly encountered injuries include:

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• Fractures of the collarbone or shoulder caused by the provider during delivery 

• Skull fractures associated with improper use of forceps or vacuum devices

• Nerve injuries, including brachial plexus injury and Erb’s palsy

• Internal bleeding or organ damage

• Neck and spinal cord injuries

• Cerebral palsy resulting from oxygen deprivation

• Stillbirth or death shortly after birth

 

Common Causes of Birth Injuries

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Birth injuries can arise from a range of factors, including:

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• Medical negligence during labor and delivery

• Improper management of complications

• Genetic or congenital conditions

• Defective medical devices

 

Common Causes of Injury to the Fetus

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• Oxygen Deprivation (Hypoxia / HIE)

  • Failure to recognize fetal distress

  • Delayed C-section

  • Umbilical cord compression or prolapse

  • Placental abruption

  • Uterine rupture

• Failure to Monitor and Respond

  • Inadequate fetal heart rate monitoring

  • Misinterpretation of fetal monitoring strips

  • Ignoring signs of distress during labor

  • Failure to escalate care

• Improper Use of Delivery Techniques

  • ​Excessive force during vaginal delivery

  • Misuse of forceps or vacuum extractors

  • Shoulder dystocia mismanagement

  • Prolonged or traumatic delivery

• Medication and Anesthesia Errors

  • Incorrect dosing of labor-inducing drugs (e.g., Pitocin)

  • Failure to monitor effects of medication

  • Anesthesia complications affecting mother and baby

• Failure to Diagnose or Treat Maternal Conditions

  • Preeclampsia or eclampsia

  • Gestational diabetes

  • Infections (e.g., Group B Strep)

  • Placental insufficiency

• Infections

  • Untreated maternal infections passed to the fetus

  • Failure to administer antibiotics when indicated

  • Poor sterile technique during delivery

• Surgical Errors

  • Mistakes during cesarean section

  • Delays in performing necessary surgical intervention

  • Injury during delivery procedures

• Defective Medical Devices

  • Malfunctioning fetal monitoring equipment

  • Defective vacuum or forceps devices

  • Improperly designed or manufactured medical tools

• Failure to Identify Genetic or Congenital Conditions

  • Failure to order appropriate prenatal testing

  • Misinterpretation of ultrasound findings

  • Failure to communicate known risks to parents

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Recognizing Symptoms of Birth Injuries

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The signs of a birth injury depend on whether the injury is physical or neurological.

 

Physical injuries are often most apparent shortly after birth and may include:

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• Brain injury or HIE

• Bruising or swelling

• Fractures or dislocations

• Muscle weakness or paralysis

• Seizures or abnormal movements

• Breathing difficulties

• Feeding problems

• Excessive crying or signs of pain

• Vision or hearing concerns

 

Neurological Injuries may not become apparent until later and can involve:

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• Developmental delays

• Difficulty reaching milestones

• Cognitive or behavioral challenges

 

Because these injuries may evolve over time, early detection and ongoing medical evaluation is essential.

 

Infant Wrongful Death Claims in Pennsylvania

 

In the most severe cases, birth injuries can be fatal. These situations may give rise to wrongful death and survival claims under Pennsylvania law. Fatal birth injury cases often involve prolonged oxygen deprivation, such as hypoxia or hypoxic-ischemic encephalopathy (HIE). This can occur when a baby is unable to breathe during delivery or when blood flow is compromised, including cases involving umbilical cord compression or delayed intervention.

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Pennsylvania law permits certain family members to pursue wrongful death claims on behalf of a deceased child, though these claims are highly fact-specific and require careful legal and medical evaluation.

 

Time Limits for Filing a Claim in Pennsylvania

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Medical malpractice claims in Pennsylvania are subject to strict time limits. In most cases, a claim must be filed within two years from the date the injury occurred or was reasonably discovered. However, birth injury cases can involve exceptions, particularly where the injury is not immediately apparent. Pennsylvania law also includes specific rules for minors, which can extend the time period under certain circumstances. Despite these rules, it is important to act promptly. Evidence can be lost, medical records may become harder to obtain, and witness recollections may fade over time.

 

Begin the Conversation

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If you believe your child may have suffered a birth injury, the first step is understanding what actually happened. That requires more than a legal review - it requires a medical one. At TR DeAngelo Law, your records are reviewed by a team that includes nurses and doctors with real-world experience, so the medicine is fully understood before the legal analysis begins. Reach out to speak directly with the attorney now.