What a Bakersfield Birth Injury Lawyer Can Do to Support You
A birth injury lawyer can help you and your family understand your legal options after this deeply traumatic experience. If you or your baby has been harmed during labor or delivery due to someone else’s negligence, we can advocate for you and seek a fair settlement. Here’s what we can do for your case:- Provide local knowledge: We know how the Bakersfield legal system works and have developed strong relationships with local judges and insurers.
- In-depth investigations: Our team will review your medical records, hospital procedures, witness testimony, and any other evidence that points to medical malpractice.
- Identify liability: With all the evidence to hand, we’ll help identify where the fault lies and who may be liable for your compensation claim.
- Estimate damages: A skilled attorney can look at the injuries and other damages you may have suffered and help calculate what you may be entitled to.
- Negotiations: We can negotiate with the insurance company and third parties on your behalf to negotiate a fair settlement.
- Highly dedicated representation: Sometimes cases like this may proceed to court, and our Bakersfield personal injury lawyers will be there to speak on your behalf. We’ll fight for your rights and provide ongoing legal guidance throughout the process.
California Laws That Apply to Birth Injury Claims
Birth injury claims in California often fall under medical malpractice laws. A healthcare provider may be considered negligent if they fail to meet the accepted standard of care, especially if that negligence has caused injury to you and your newborn. According to California Code of Civil Procedure § 340.5, you usually have three years from the date of the injury or one year from the date you discovered the injury to file a claim, depending on which one comes first. These deadlines can sometimes vary depending on the circumstances of your case. Because California laws around birth injuries can be elaborate, it’s best to seek advice from a legal professional. Our skilled Bakersfield birth injury attorneys know exactly which rules apply and how they impact your claim.Examples of Medical Negligence
Medical negligence may not always be obvious. And when you’ve just gone through hours of labor, it can be hard to identify right from wrong. Here are some examples of medical negligence and how they might relate to birth injuries:- Failure to provide ongoing monitoring during pregnancy, labor, and delivery
- Failure to monitor a baby for signs of fetal distress
- Delays in ordering a necessary C-section
- Improper and unnecessary use of delivery tools such as forceps and vacuum extractors
- Missing important details from the mother’s medical history
- Errors with administering medication or anesthesia
- Mishandling during delivery or the use of excessive force
Compensation Available After a Birth Injury
If you have suffered a birth injury as a direct result of medical negligence, you may be entitled to compensation. Under California law, you can often seek economic and non-economic damages, but the amount you recover will depend on your situation.Economic Damages
If you’ve experienced financial losses related to the negligence you encountered, you may be able to claim for:- Medical expenses
- Hospital care
- Rehabilitation costs
- Long-term medical needs
- Lost earnings during time off for recovery
Non-Economic Damages
You may also be able to claim non-economic damages, though you should know that California Civil Code § 3333.2 limits the amount you can recover in medical malpractice cases. Still, some of the damages may include:- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Anxiety, depression, and PTSD
