A birth injury can affect every aspect of a child’s life. If your child was injured due to a medical error, a California birth injury lawyer can help you pursue damages.
The attorneys at Sweet James have been helping injury victims and their families for over 25 years. If your child was injured as a result of medical negligence, a San Diego birth injury lawyer can help you take legal action and seek compensation.
The Role of a San Diego Birth Injury Attorney
A birth injury case typically requires a thorough investigation and extensive evidence-gathering.
Depending on the specifics of your case, a birth injury lawyer can:
- Investigate your child’s medical care: A lawyer can review prenatal records, fetal monitoring strips, delivery records, medication records, neonatal records, and other evidence to determine whether negligence occurred and, if so, who is at fault.
- Consult medical professionals: A lawyer can work with qualified medical experts to evaluate whether your child’s care met the applicable standard of care.
- Calculate your family’s damages: A lawyer can evaluate both your current and anticipated medical expenses and other losses to determine the value of your claim.
- Handle negotiations: A lawyer can communicate with insurers and opposing parties and attempt to negotiate a fair settlement.
- Provide representation: A lawyer can represent your family in litigation if your case cannot be resolved through a settlement.
What Types of Compensation Can You Recover?
The compensation available in a birth injury case depends on the nature and severity of the injury, available evidence, and the losses your family has suffered.
You may be able to recover compensation for:
- Past medical expenses: You can seek compensation for hospital treatment, diagnostic testing, medications, procedures, and other medical costs you have already incurred.
- Future medical expenses: You may pursue damages for the anticipated cost of ongoing treatment, surgeries, medications, equipment, and specialized care for your child.
- Rehabilitation expenses: You may recover costs associated with physical, occupational, speech, and other therapies.
- Assistive equipment: A birth injury settlement may cover wheelchairs, communication devices, mobility equipment, and other necessary aids for your child.
- Home modifications: If your child develops a serious disability that requires changes to your home, you may receive additional compensation.
- Lost earning capacity: If an injury is expected to affect your child’s ability to work in the future, you may be awarded additional damages.
- Pain and suffering: You can pursue damages for your child’s physical pain and emotional suffering.
- Punitive damages: If the defendant acted with oppression, fraud, or malice, you may be able to recover punitive damages.
Common Types of Birth Injuries
Birth injuries can take many forms. Examples include:
- Cerebral palsy: Cerebral palsy may be associated with complications involving oxygen deprivation or other problems before or during birth.
- Brachial plexus injuries: Damage to the nerves controlling the arm and hand can cause weakness or loss of movement.
- Erb‘s palsy: This condition can affect movement in an infant’s arm when nerves in the brachial plexus are damaged.
- Brain injuries: Oxygen deprivation, bleeding, infection, or other complications can cause neurological injuries.
- Fractures: Excessive force or improper delivery techniques can sometimes cause fractures during childbirth.
- Facial nerve injuries: Pressure or trauma during delivery can damage nerves affecting facial movement.
- Hypoxic–ischemic encephalopathy: HIE can occur when the brain does not receive enough oxygen and blood for a significant period.
- Spinal cord injuries: Although uncommon, serious trauma during delivery can damage the spinal cord.
If your child sustained one of these injuries due to a medical professional’s mistake, our San Diego personal injury lawyers can help you seek damages.
What Can Cause a Birth Injury?
Medical negligence can occur at many different points during pregnancy and childbirth. Some of the most common causes of birth injuries are:
- Failure to monitor the mother or fetus appropriately
- Failure to recognize fetal distress
- Delayed response to abnormal fetal heart-rate patterns
- Failure to order appropriate tests
- Failure to diagnose maternal infections or other complications
- Improper use of forceps or a vacuum extractor
- Excessive force during delivery
- Failure to perform a timely cesarean section
- Medication errors
- Failure to properly monitor medications
- Poor communication between healthcare providers
- Failure to treat complications after delivery
- Inadequate treatment of a newborn’s respiratory or neurological problems
A birth injury lawyer serving San Diego can investigate your case and determine the cause of your child’s injury.
What Should You Do If You Suspect a Birth Injury?
If you believe your child has suffered a preventable birth injury, you should:
- Seek medical treatment: Take your child to another doctor and follow their recommended treatment plan.
- Keep medical records: Save copies of your child’s medical records, test results, treatment plans, prescriptions, and other relevant documentation.
- Document your child‘s condition: Keep track of your child’s symptoms, diagnoses, and therapies, as well as any developmental concerns.
- Save medical bills: Keep invoices, receipts, insurance statements, and other records showing your child’s medical expenses.
- Write down what happened: Record what you remember about the pregnancy, labor, delivery, communications with medical staff, and your child’s condition after birth.
- Speak to a lawyer: Reach out to our San Diego birth injury malpractice group to learn more about your family’s legal options.
How Long Do You Have to File a Birth Injury Claim in California?
According to CCP § 340.5, if your child suffers a birth injury, you generally must file a lawsuit before their eighth birthday. If the injury occurred at a government-owned hospital, you must file a notice of claim within six months of the incident before you can file a San Diego birth injury lawsuit.
Some exceptions may apply. If you miss the deadline that applies to your case, you could lose the right to sue entirely. Our San Diego birth injury lawyers can review your case and explain how much time you have left to file a lawsuit.
Contact a Birth Injury Lawyer Serving San Diego
A birth injury can lead to a slew of unexpected medical expenses. If your child was harmed due to a medical provider’s negligence, a San Diego birth injury attorney from Sweet James can assist with your claim, handle negotiations with insurers, and fight for the compensation you deserve.
We work on contingency, so you won’t pay us anything unless we recover compensation for you. Schedule a free case evaluation to discuss your situation with an attorney.
