The birth of a child should be one of life’s most precious moments. But if negligence has resulted in a birth injury, it can quickly turn into a nightmare. Our Philadelphia birth injury lawyers are here to hold the negligent party accountable.
Despite being one of the most medically advanced nations, birth injuries still happen in the United States. When this happens, the family is left with devastating decisions to make, care to be arranged, and often, overwhelming financial burdens. Even more heartbreaking is when that birth injury resulted from mistakes or lapses of care by the doctor or medical staff entrusted with that birth.
Because of the delicate nature of a newborn, injuries sustained during birth can cause serious, lifelong disabilities. Medical 
intervention and ongoing care will be crucial and costly. When a birth injury is the result of negligence, a skilled Philadelphia birth injury lawyer can help parents get the help they need at this critical time. At Silver & Silver, our experienced team of Philadelphia birth injury lawyers can help family members get crucial financial compensation to offset these overwhelming costs.
Birth Injuries Caused By Negligence
A birth injury is any harm to a baby occurring before, during, or after birth. While some birth injuries are not preventable, many occur because a healthcare professional did not follow their training or established medical protocol.
Doctors and healthcare professionals are ethically and legally obligated to provide the highest quality care to every patient they treat. This is especially critical when it comes to a newborn baby and mother. Medical professionals can prevent serious birth injuries by carefully monitoring the health and care of mother and child and intervening when necessary.
When established medical standards of care are not followed, it can be considered negligence, and the doctor or other healthcare professional can be held liable. Unfortunately, medical negligence by hospital staff and doctors leads to thousands of serious birth injuries each year.
When Healthcare Fails
There are many ways that doctors and healthcare staff can act negligently that can cause serious injury to a newborn delivery. Causes of birth injuries can include:
- Hypoxia or lack of oxygen to the baby’s brain
- Delaying the delivery
- Delaying a Cesarean delivery when necessary
- Failing to recognize and monitor fetal distress
- Failing to perform emergency procedures when complications arise
- Improper use of forceps or vacuum equipment during delivery
- Improper anesthesia administration
- Failing to notice the baby’s condition has changed
- Lack of appropriate prenatal testing
- Lack of communication between providers
- Failing to detect, monitor, or treat birth mother infections
- Failing to detect and treat umbilical prolapse
- Not referring a high-risk pregnancy to a specialist
Any of these negligent actions can cause serious birth injuries. However, parents are not trained professionals and trust their doctors, anesthesiologists, and other hospital staff are giving them the care they expect and deserve. Many parents are unaware that their child’s birth injuries were preventable until a thorough investigation is done.
If you suspect a provider’s negligence caused your baby’s birth injury, it is critical to get skilled legal assistance. Unfortunately, doctors, healthcare staff, and hospitals do not readily admit to mistakes that make them liable for these injuries. In most cases, it takes litigation to hold these professionals accountable. At Silver & Silver, our experienced Philadelphia, PA, birth injury lawyers have the experience and skill it takes to pursue these complicated claims and hold negligent doctors, hospitals, and other providers accountable.
Birth Injuries Can Result in Lifelong Disabilities
While some injuries may be minor and have no lasting impact on the baby, many can result in permanent physical, emotional, and cognitive disabilities, including:
- Learning disabilities
- Behavioral issues
- Motor impairment
- Speech and language disorders
- Seizure disorders
- Cerebral palsy
- Microcephaly
- Sensory processing disorders
- Vision and hearing impairment
Birth injuries can even cause permanent brain damage that requires lifelong therapies and support. Treatment costs and medical expenses can add up quickly after a serious birth injury and can continue throughout the child’s life. No family should have to face this because of their doctor’s or other provider’s negligence.
At Silver & Silver, we have dedicated our careers to holding negligent parties accountable for the harm they do to others. Our experienced Philadelphia birth injury lawyers fight relentlessly for families in the aftermath of these serious injuries, ensuring that negligent parties are held liable for their wrongdoing. We can help you recover compensation to offset the financial costs of a birth injury so you can focus on your child.
How Our Philadelphia, PA Birth Injury Lawyers Can Help
The doctors and hospital staff will probably not be forthcoming after a birth injury and may claim that the injury was not preventable. Hospitals will deny liability, and their attorneys will be in force to limit their financial liability. No family should have to suffer the consequences of a birth injury and then be intimidated or denied compensation by the very system that caused or allowed the injuries to happen. Contact us if you need a medical malpractice lawyer in Philadelphia.
At Silver & Silver, our skilled Philadelphia, PA, birth injury lawyers have the compassion, understanding, and experience to go up against these providers, institutions, and the lawyers and insurance companies that defend them. As a parent, you have the right to know that your child will be cared for without worrying about where those resources will come from.
When negligence results in a birth injury, as a parent, you may be entitled to compensation for medical costs, future medical costs, pain and suffering, and other damages from the at-fault party. But birth injury claims are complicated and require skilled investigation and extensive knowledge. With Silver & Silver, you get that experience. We have spent over 40 years successfully recovering compensation for injured victims and their families. Let us help yours. If you know or suspect that your baby was harmed because of your doctor’s or healthcare provider’s negligence, you should understand your legal rights. Call us at (610) 638-7255 or contact us through our online contact form to schedule a complimentary consultation with our Philadelphia birth injury lawyers.
Who Can Be Held Liable in a Birth Injury Case?
When a birth injury occurs, the emotional toll is immense—but so is the legal complexity. So, who’s actually to blame? The answer depends on the circumstances surrounding the injury.
Doctors and nurses are often the first professionals examined in a birth injury case. If they failed to follow standard medical protocols during pregnancy, labor, or delivery, they could be liable for the harm caused.
But liability doesn’t stop with the people in the delivery room. Hospitals, too, can be held accountable—especially if poor staffing, inadequate training, or negligent policies contributed to the injury.
In some cases, it’s not a person but a product that caused the harm. If a medical device malfunctioned or a medication was improperly labeled, manufacturers and pharmaceutical companies could face legal action.
Don’t assume liability lies with just one party. Birth injury cases in Philadelphia often involve multiple defendants, which means building a strong case requires a lawyer who understands how to investigate every angle. An attorney experienced in birth-related medical malpractice will know what records to review and how to uncover the truth, no matter how complex the case may be.
Medical mistakes aren’t always obvious at first, but they can leave lasting impacts. Knowing who may be liable is the first step in getting the answers—and accountability—your family deserves.
Compensation for Families Affected by Birth Injuries
The financial impact of a birth injury can be overwhelming. From ongoing medical care to adaptive equipment and home modifications, the costs add up fast. Compensation exists to help cover these burdens and give your child the best possible future.
Families can recover damages for both economic and non-economic losses. Economic damages include hospital bills, surgeries, therapy, and long-term care. If your child is diagnosed with a condition like cerebral palsy, these expenses may span decades. A well-prepared claim will factor in future costs, not just the bills already paid.
Non-economic damages are just as important. These cover pain and suffering, emotional distress, and loss of quality of life—not just for the child, but for the entire family. A skilled birth injury lawyer will understand how to present these damages in a way that insurance companies and courts can’t ignore.
In some Philadelphia cases, punitive damages may also be available. These are awarded not just to compensate the victim, but to punish especially reckless behavior. If a doctor ignored warning signs or a hospital covered up mistakes, a court may impose these additional penalties.
Every case is different, which is why speaking with an attorney early matters. Whether your child’s injury was caused by a delivery delay, a misused vacuum extractor, or undiagnosed fetal distress, your birth injury claim should reflect the full scope of your family’s loss and future needs.