WILKES-BARRE, PA – August 17, 2018 – Attorney Michael J. Kowalski, a partner in the Wilkes-Barre personal injury firm of Distasio & Kowalski, LLC, has been selected for inclusion in The Best Lawyers in America® 2019. Attorney Kowalski was selected for his expertise in the area of Personal Injury Law.
Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. The Best Lawyers in America rankings are based solely on peer-review surveys. Tens of thousands of attorneys confidentially evaluate their colleagues. Attorneys named to The Best Lawyers in America were recognized for their professional excellence in 145 practice areas. Best Lawyers is widely regarded as the preeminent referral guide that identifies outstanding counsel for a wide range of legal matters.
Distasio & Kowalski LLC is located in Wilkes-Barre. The personal injury attorneys specialize in Auto & Truck Accidents, Medical Malpractice. Birth Injury, Product Liability, Personal Injury and Wrongful Death cases.
For more information on Distasio & Kowalski LLC, visit www.dklawllc or call 570-970-5400.
It’s usually one of the happiest times of a couple’s lives. Expectant parents anxiously preparing and awaiting the birth of a new baby. Tragically, excitement can quickly turn to heartbreak for parents when something goes wrong and an infant is born injured or suffering in some way. It’s an important time to be sure you understand the difference between a birth injury and a birth defect. While this is a confusing time for new parents, filled with a mix of emotions, it is important to determine the cause of your baby’s suffering. Knowing the difference between a birth injury and a birth defect can be very important in determining if there was any medical negligence involved in harm caused to your baby. If there was negligence or a medical error, you may be eligible for compensation for those injuries and for ongoing medical treatment for your newborn.
What is a birth injury?
Birth injuries usually happen during or immediately after the labor and delivery process. Injuries could possibly result from excessive force or trauma during delivery. Birth injury may also result from failure to monitor the baby for fetal distress or from other medical errors or substandard care during or after the birthing process. This can include misdiagnoses or failure to diagnose potential complications during pregnancy and delivery. It may also include delayed C-section and mistakes involving forceps, vacuum or other birthing tools, among other medical errors. Unlike birth defects, birth injuries are preventable in many cases, depending on the circumstances. Right Diagnosis from healthgrades reported that 7 out of every 1,000 children born in the United States are born with birth injuries each year.
Some examples of birth injuries include:
Hypoxic-Ischemic Encephalopathy or HIE
What is a birth defect?
Birth defects occur as a baby is still developing in the mother’s womb. That’s a main difference between a birth injury and a birth defect. Birth defects are medical conditions or abnormalities that could occur as a result of a variety of causes. This can include certain genetics, infections, exposure to chemicals or drugs, or possibly unhealthy lifestyle choice. Birth defects can have serious and lasting effects on a child.
Examples of birth defects can include disorders such as brain damage, Down syndrome, spina bifida, congenital heart defect, cleft lip or palate, limb or cranial abnormalities, and metabolic disorders. The CDC estimates that birth defects affect one in every 33 babies. This is about 3 percent of all of the babies born in the United Sates each year.
What to do when your infant suffers a birth injury
Sadly, birth injuries are far too common and can mean life-long health consequences for your child. Distasio, Kowalski & Yelen personal injury attorneys see the tragic effects that medical errors have on the lives of families in our area. Bringing a child into the world should be a joyous event. It should not be marred by substandard medical care. Doctor’s and other healthcare providers have a “duty of care” to uphold when treating patients. If they fail to provide that established standard of care, they can be held liable for injuries that occur. It’s time to call an injury attorney.
Getting legal help for birth injuries
We hope this helps you to better understand the difference between a birth injury and a birth defect. If you suspect that your newborn may have been injured as the result of medical negligence or a medical error, you should consult with a medical malpractice attorney. Although you are emotional and overwhelmed when you are dealing with a seriously injured child, you owe it to yourself and your family to determine the cause of the injuries. You want to hold the responsible party accountable. You also want to ensure that the long-term medical and emotional needs of your child are met. An experienced personal injury lawyer will be able to assess your situation and help you explore your legal options.
Medical negligence can lead to birth injury or the death of a child. A birth injury can affect the quality of life of a child, as well as an entire family, resulting in a lifetime of medical treatment and financial hardship. It’s imperative that an experienced birth injury attorney determines if your child is suffering from a preventable birth injury or unavoidable birth defect.
Statute of limitations for birth injury cases in Pennsylvania
The statute of limitations is a time period in which you can legally file your birth injury claim. In Pennsylvania, the statute of limitations for a medical malpractice suit is two years. However, when the patient is a minor, the Minor’s Tolling Statute allows for added time if the patient is under the age of 18. The two-year time limit would begin to run on the child’s 18th birthday.
For more information on your legal options in a birth injury case, contact the Wilkes-Barre personal injury lawyers at Distasio, Kowalski & Yelen toll free at 855-970-5400.
Each year, no more than 5 percent of the lawyers in the state receive this honor bestowed by Super Lawyers magazine. This is the eighth consecutive year that Daniel Distasio and Michael Kowalski were named Super Lawyers. Super Lawyers is a rating of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Each year, the research team at Super Lawyers undertakes a rigorous multi-phased selection process. The process includes a statewide survey of layers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area, and a good-standing disciplinary check.
Attorneys Distasio and Kowalski bring over 50 years of legal expertise to the clients they serve. Both earned their Juris Doctorate from the Dickinson School of Law. The knowledgeable personal injury attorneys at Distasio & Kowalski have a history of successfully representing the victims of car and truck accidents, as well as medical malpractice cases. The firm also handles serious workplace and construction accidents and wrongful death cases.
Contact the Super Lawyers at Distasio & Kowalski
Dan Distasio and Mike Kowalski will work aggressively on your behalf to insure your legal rights are protected. For more information on Distasio & Kowalski LLC, please call 570-970-5400.