Victim of a birth injury?

Discovering that your child has suffered a birth injury is heartbreaking for any family. The physical, emotional, and financial toll can feel overwhelming, especially when such injuries could have been prevented. Sadly, many birth injuries result from medical negligence – avoidable mistakes made during one of life’s most pivotal moments.

Early legal intervention is crucial to safeguarding your child’s future. It enables families to seek justice, hold responsible parties accountable, and secure resources to cover medical care and long-term needs. A Newport Beach birth injury attorney can provide the essential guidance and support necessary during this challenging time, ensuring you understand your rights and options.

Understanding the steps forward is essential. Keep reading to learn how early action can make all the difference in protecting your family’s well-being. If you’re ready to get started with a possible birth injury case, contact Sweet James Accident Attorneys to schedule a free consultation with a Newport Beach birth injury lawyer.

What Is a Birth Injury?

A birth injury refers to any physical or psychological harm that happens to a newborn or, in some cases, the mother, during pregnancy, labor, delivery, or immediately after birth. Birth injuries can range widely, from minor bruises that heal quickly to serious neurological problems like cerebral palsy, Erb’s palsy, or brain damage caused by lack of oxygen.

It’s important to understand that birth injuries are different from birth defects. A birth defect is a medical condition that develops before birth, usually caused by genetic factors or environmental influences while the baby is still in the womb, such as a heart defect, spina bifida, or Down syndrome.

Birth injuries, on the other hand, typically result from something that happens around the time of birth – often complications or trauma that take place as doctors and nurses try to deliver the baby.

Common Types of Birth Injuries

The birth of a child should be a joyful occasion, but complications in the delivery room can lead to devastating outcomes. Birth injuries can have life-altering consequences, affecting not just the baby but the mother as well. Understanding the common types of birth injuries, their causes, and the legal options available can help families protect their rights and secure the care their loved ones need.

Birth Injuries to the Baby

Some of the most common birth injuries to the baby include:

Cerebral Palsy

Cerebral palsy is a neurological disorder caused by damage to the developing brain, often due to oxygen deprivation during labor or delivery. Effects range from mild motor function issues to severe physical and cognitive impairments.

Erb’s Palsy/Brachial Plexus Injuries

Erb’s palsy occurs when the nerves in the brachial plexus (responsible for arm movement) are stretched or torn during delivery. This often results from improper handling during a difficult birth.

Hypoxic-Ischemic Encephalopathy (HIE)

HIE is a serious condition where a lack of oxygen and blood flow to the brain during birth causes brain damage. This can lead to long-term developmental issues, seizures, or cognitive impairments.

Brain Damage from Lack of Oxygen

Oxygen deprivation during delivery can result in permanent brain damage. This may lead to developmental delays, physical disabilities, or learning impairments later in life.

Skull Fractures

A baby’s skull is fragile, and improper force during delivery, such as using forceps incorrectly, can result in fractures.

Nerve Damage

Certain delivery methods can cause damage to the baby’s facial or spinal nerves. Facial nerve damage, for example, can occur from improper use of tools or excessive pulling during delivery.

Shoulder Dystocia

Shoulder dystocia happens when a baby’s shoulder gets lodged behind the mother’s pelvic bone during delivery. If mishandled, it can lead to nerve damage, fractures, or oxygen deprivation.

Birth Injuries to the Mother

Some common birth injuries that occur to the mother include:

Uterine Rupture

A uterine rupture is a rare but life-threatening tear in the uterus, often occurring during labor. It can cause significant blood loss and jeopardize both the mother and baby.

Hemorrhaging

Excessive bleeding during or after delivery is a leading cause of maternal mortality. When not promptly addressed, hemorrhaging can result in shock or organ failure.

Improper Anesthesia or C-Section Injuries

Improperly administered anesthesia or surgical errors during a C-section can lead to complications such as nerve damage, infections, or internal injuries.

What Are The Causes of Preventable Birth Injuries?

Not all birth injuries are unavoidable – many are directly linked to mistakes or lapses in judgment by healthcare providers. Understanding the leading causes of preventable birth injuries can help families recognize when medical negligence may be involved and what they can do next.

Failure to Monitor Fetal Distress or Oxygen Levels

Continuous monitoring of the baby’s heart rate and oxygen levels during labor is crucial. Ignoring signs of distress can lead to complications like HIE or brain damage.

Delayed C-Section Decision

Prolonging the decision to perform a C-section in cases of prolonged labor, fetal distress, or other complications can lead to injury or death of the baby or mother.

Improper Use of Forceps or Vacuum Extraction

When used incorrectly, these tools can cause serious physical trauma, including skull fractures, nerve damage, or brain injuries.

Medication Errors During Pregnancy or Labor

Administering incorrect dosages or unsafe medications can lead to developmental issues, birth defects, or complications for both mother and baby.

Failure to Detect and Treat Maternal Infections or High-Risk Pregnancy Conditions

Undiagnosed infections or conditions like gestational diabetes or preeclampsia can escalate into severe complications.

Inadequate Postnatal Care for Mother or Baby

Failing to address immediate post-birth health needs can worsen complications or delay life-saving interventions.

Time Limits for Filing a Birth Injury Lawsuit in California

When a birth injury occurs, understanding the time limits for filing a lawsuit is crucial. These deadlines, known as statutes of limitations, play a significant role in determining whether a family can pursue legal remedies. California law outlines specific timelines for medical malpractice cases, including those involving birth injuries, and provides exceptions for minors and children with disabilities.

California’s General Medical Malpractice Statute of Limitations

Under California law, birth injury lawsuits typically fall under the umbrella of medical malpractice. The general statute of limitations for filing a medical malpractice claim is as follows:

• Three years from the date of the injury; or
• One year from the date the injury was discovered or should have been discovered through reasonable diligence, whichever comes first.

These time limits ensure legal action is taken promptly while evidence remains available and reliable. However, birth injuries often involve unique circumstances that may extend these deadlines.

Exceptions for Medical Professionals’ Fraud or Concealment

California law allows for an extension of the statute of limitations if the medical provider fraudulently concealed the injury or its cause. This provision ensures that patients and families are not unfairly restricted from filing claims when vital information has been intentionally hidden.

Exceptions and Extensions for Minors and Children with Disabilities

Birth injuries often affect infants or very young children who are unable to advocate for themselves. Recognizing this, California law provides specific exceptions and extensions to accommodate their unique needs.

Lawsuits on Behalf of Minors

For children under the age of 18, the statute of limitations is extended. Generally, families have until the child’s eighth birthday to file a lawsuit in cases of birth injury caused by medical malpractice. This extension allows parents or guardians additional time to identify the injury, assess its impact, and seek legal assistance.

Cases of Disability

For children with mental or physical disabilities related to their birth injury, California law may further toll, or pause, the statute of limitations.

These extensions recognize the long-term nature of the impact on the child’s life and allow families to file a claim when they can fully understand the scope of the damages.

Who Can Be Held Liable For Birth Injuries?

When a birth injury happens, figuring out who may be legally responsible is a crucial step for families seeking justice and support. Several individuals and organizations can be held liable, depending on the situation and what went wrong during pregnancy, labor, or delivery.

Doctors and Obstetricians

Physicians, including OB-GYNs, play a direct role in monitoring pregnancy, guiding labor, and making urgent decisions during delivery. They may be liable if they fail to recognize signs of distress, don’t order necessary procedures like an emergency C-section, misinterpret test results, or use excessive force during delivery.

Nurses and Medical Staff

Nurses, midwives, anesthetists, and other hospital staff are often in charge of monitoring the mother and baby, administering medications, preparing the delivery room, and generally supporting the care process. If they neglect to monitor vital signs, delay reporting a problem to the doctor, administer the wrong drug, or fail to follow safety protocols, they can also be held liable for resulting harm.

Hospitals or Birthing Centers

Sometimes, liability extends beyond individual employees to the institution itself. Hospitals or birthing centers may be responsible for hiring unqualified staff, failing to maintain adequate staffing levels, offering poorly maintained or defective equipment, or having unsafe policies.

When a facility’s broader systemic issues contribute to a birth injury, it may bear partial or even primary legal responsibility.

Pharmaceutical Companies or Device Manufacturers

Some birth injuries result from defective drugs taken during pregnancy or faulty medical devices used during delivery (such as malfunctioning fetal monitors or forceps). When those products cause harm due to flawed design, manufacturing errors, or missing health warnings, manufacturers or distributors can be held liable in a birth injury claim.

Determining who is responsible typically takes a detailed review of medical records, staff actions, policies, and product safety, which should always be done with the help of a Newport Beach birth injury lawyer.

What Compensation Can You Recover in a Birth Injury Lawsuit?

When a birth injury lawsuit succeeds, financial compensation is meant to ease both the immediate and lifelong challenges a child and family may face. Here’s what can often be recovered in these difficult cases:

Medical Expenses: Past, Present, and Future

Families are entitled to money for every medical cost connected to the injury – hospital stays, surgeries, medications, rehabilitation, doctor visits, and repeated testing. This includes the original delivery bills and any future surgeries, therapies, or appointments the child might need well into adulthood.

Lifelong Care Needs: Therapy, Home Modifications, and Assistive Devices

Some birth injuries require a lifetime of physical, occupational, or speech therapy. Homes might need ramps, widened doors, special equipment, or ongoing caretaker help. Compensation can help pay for necessary remodeling, wheelchairs, lifts, communicative devices, or other one-time and recurring costs so the child can live as fully as possible.

Lost Earning Capacity

If the injury is severe and keeps the child from holding a job or earning a sustainable income later in life, damages can cover the money that will never be earned due to a permanent disability. Lawyers work with economists and doctors to estimate what the child’s lost earning power will actually look like in the future.

Pain and Suffering for Both Child and Parents

While money doesn’t erase pain, it can acknowledge the real, ongoing non-financial hardship endured by both the child and their family. This kind of compensation attempts to address long-term discomfort, loss of enjoyment, sadness, anxiety, or strained relationships connected to the original injury.

Punitive Damages in Cases of Extreme Negligence

When healthcare providers have acted deliberately careless or malicious, courts can award punitive damages – additional money as a punishment to the wrongdoers and a warning to others. These amounts aren’t tied to the family’s losses, but instead are meant to stop similar behavior in the future.

Pursuing compensation after a birth injury allows families to access better care, safeguard their child’s quality of life, and hold responsible parties truly accountable for what happened. The best way to get what you’re entitled to is to speak with a Newport Beach birth injury lawyer immediately.

The Importance of Working With a Newport Beach Birth Injury Lawyer – Contact Sweet James Accident Attorneys

A birth injury is one of the most heartbreaking experiences a family can endure. The physical and emotional toll on the child and their loved ones can feel overwhelming, compounded by mounting medical expenses and uncertainty about the future.

When these injuries are caused by medical negligence, it’s vital to have experienced legal representation to secure justice and the resources needed for your child’s recovery.  Here’s why you should work with our Newport Beach birth injury lawyers:

Billions Recovered for Clients

When dealing with catastrophic injuries like those arising from birth-related negligence, financial compensation is critical to covering medical bills, therapy, long-term care, and other essential needs. We have an impressive history of recovering billions of dollars for our clients in settlements and verdicts.

98% Success Rate

Not every law firm has the capability to deliver consistent results, but Sweet James Accident Attorneys stands apart with an impressive 98% success rate in personal injury and medical negligence cases.

No-Win, No-Fee Policy

Taking legal action can feel daunting, especially for families already shouldering increased expenses following a birth injury. We make hiring an experienced legal team accessible to all families by offering a no-win, no-fee policy.

Don’t wait to secure the justice and financial relief your family deserves. Contact Sweet James Accident Attorneys today to schedule a consultation with a Newport Beach personal injury lawyer. Call (800) 900-0000 as soon as you’re ready to get started.