Birth Injury Lawyers

By filing a birth injury claim, you hold the at-fault medical provider accountable for the injuries your child sustained. You can recover a financial settlement to help pay for medical care, disability accommodations, ongoing therapy, and pain and suffering.

In a birth injury lawsuit in Pennsylvania or New Jersey, you can recover economic and noneconomic damages.

Economic damages include:

• Past and future medical expenses
• Cost of a live-in caregiver
• Home or vehicle modifications to accommodate your child
• Medical equipment such as a wheelchair
• Physical therapy, speech therapy, and occupational therapy
• Lost income or earning capacity

Noneconomic damages cover physical pain, emotional suffering, and loss of life’s pleasures for both the child and the family. Pennsylvania has no cap on damages in birth injury or medical malpractice cases.

The statute of limitations establishes a filing deadline. Missing it will result in dismissal of your case.

The statute of limitations for a birth injury lawsuit in Pennsylvania:

• Adult plaintiffs: 2 years from the date of injury
• Minor children: 2 years from the child’s 18th birthday (until age 20)

The statute of limitations for a birth injury lawsuit in New Jersey:

• Competent adult plaintiffs: 2 years from the date of injury
• Minors born before July 2004: 2 years from the child’s 18th birthday
• Children born after July 2004: must file by the child’s 13th birthday

The first step is to speak with an attorney experienced in birth injury claims in Pennsylvania or New Jersey. These cases require medical expert validation, extensive investigation, and deep knowledge of state malpractice law. Contact Cohen, Placitella & Roth today for a free consultation.

Birth injuries often fall under the medical malpractice umbrella. Pennsylvania law requires supporting testimony from at least one qualified medical expert who must: (1) establish the standard of care, (2) explain how the provider breached it, and (3) confirm that the negligence caused the injury. Birth injury cases typically take two to four years to resolve.

In Pennsylvania birth injury cases:

• For the injured minor child: 2 years from the child’s 18th birthday (until age 20)
• For parents’ own damages: 2 years from the date of the incident
• For wrongful death of the minor: 2 years from the date of death

You may have a birth injury claim in Pennsylvania if your child suffered physical or neurological injuries during labor and delivery. In some cases, improper prenatal or postnatal care also gives rise to a birth injury or wrongful death claim.

Pennsylvania birth injury settlements can include compensation for:

• Medical expenses (past and future)
• Lost income and earning potential
• Special educational and therapy needs
• Physical pain and emotional suffering
• Loss of life’s pleasures

Pennsylvania has no cap on damages in birth injury or medical malpractice cases.

A birth injury is harm that occurs to a newborn during labor, delivery, or immediately after birth — and could have been prevented with proper medical care.

A birth defect (congenital anomaly) is a physical or structural abnormality present at birth due to genetic factors, environmental exposures during pregnancy, or both. Birth defects are generally not actionable as malpractice unless a provider failed to diagnose or manage a known risk.

In Pennsylvania, the statute of limitations for a birth injury lawsuit is:

• For the injured minor child: 2 years from the child’s 18th birthday (until age 20)
• For parents’ own damages: 2 years from the date of the incident
• For wrongful death of a minor: 2 years from the date of death

Many factors can affect when the clock starts. Contact a Philadelphia birth injury lawyer at Cohen, Placitella & Roth to evaluate your specific situation.

In New Jersey, the statute of limitations for a birth injury lawsuit is:

• Competent adult plaintiffs: 2 years from the date of injury
• Minors born before July 2004: 2 years from the child’s 18th birthday
• Children born after July 2004: must file by the child’s 13th birthday

New Jersey birth injury law is complex. Contact our NJ birth injury attorneys in Red Bank or Cherry Hill for a free case evaluation.

Settlement amounts vary based on the severity of the injury, the child’s long-term care needs, and the strength of the evidence. In serious cases — such as cerebral palsy or HIE caused by medical negligence — settlements can reach into the millions, reflecting lifetime medical costs, lost earning capacity, and pain and suffering.

Pennsylvania has no cap on damages in medical malpractice cases, allowing full compensation for both economic and non-economic losses. Contact our birth injury lawyers for a free case evaluation.

A birth injury lawyer investigates whether medical negligence caused your child’s injury by:

• Obtaining and reviewing all medical records from labor, delivery, and postnatal care
• Retaining qualified medical experts to evaluate the standard of care
• Identifying at-fault parties — physicians, nurses, hospitals, or equipment manufacturers
• Calculating full damages including future care costs
• Negotiating a settlement or taking the case to trial

If your baby was injured during delivery in Pennsylvania:

1. Document everything — Keep records of all medical visits, diagnoses, and treatment costs
2. Request medical records — You are entitled to full records from the hospital and all providers
3. Contact a birth injury lawyer — An attorney experienced with Pennsylvania birth injury law will review your case at no cost
4. Act before the deadline — Statutes of limitation vary by plaintiff type; don’t wait

Contact Cohen, Placitella & Roth today for a free consultation with a Philadelphia birth injury attorney.