Some birth injuries are unavoidable, but a certain percentage can be directly attributed to careless, reckless or otherwise negligent actions on the part of the attending doctor or nurses.
Lancaster Birth Injury Lawyer
Fighting for Families in Antelope Valley and Palmdale
The news that your child has been injured at birth can mar the otherwise joyful experience of welcoming a baby into the world. Your relief at learning that your child was able to survive what could have been a life-threatening emergency may be quickly replaced with outrage, frustration, and concern over the realization that your child is starting life out with an injury that may constitute a partial or total disability. Your child may require extensive ongoing medical treatment, and they may never be able to achieve self-sufficiency. They may never be capable of earning an income to be fully independent and might be prevented from enjoying all life offers.
Don't assume that the doctor did everything that could—and should—have been done to prevent your child's injury. No matter how well-trained an obstetrician may be, he or she is still liable to make mistakes; when this happens, the results can be disastrous.
Call Accident Attorneys today at (661) 261-4929 or contact us online to meet with our birth injury attorney in Lancaster!
Common Types of Birth Injuries
Pregnancy and childbirth are natural, even routine processes. Unfortunately, obstetricians and delivery room personnel can make mistakes that jeopardize infants' and mothers' health, safety, and well-being.
We have represented numerous clients whose babies have suffered from birth injuries, such as:
- Cephalohematoma
- Cerebral palsy
- Birth asphyxia (oxygen deprivation)
- Subconjunctival hemorrhage
- Facial paralysis
- Fractured bones
- Shoulder dystocia
- Brachial plexus injuries
- Erb's palsy
- Hypoxic-ischemic encephalopathy (HIE)
Common Causes of Birth Injuries
Some of the most common causes of birth injuries include:
- Prolonged labor
- High infant birth weight
- Failure to order an emergency C-section
- Failure to monitor/respond to signs of fetal distress
- Improper use of forceps/vacuum extractors
- Failure to treat maternal/fetal infections
- Twisting of the infant's head/neck when removing from the birth canal
- Medication errors
These and other mistakes can have devastating consequences. If you believe your child's injuries were the result of medical malpractice or negligence, reach out to the Accident Attorneys to speak to one of our Antelope Valley birth injury lawyers about your potential legal options.
Recovering Damages in a Birth Injury Claim
In the pursuit of a birth injury claim, families may be eligible for various compensations to alleviate the financial strain stemming from medical expenses, ongoing care, and the emotional toll of the situation. The potential damages recoverable in a birth injury claim encompass:
- Medical Expenses: Families may seek compensation for current and future medical costs related to the child's injury. This includes coverage for surgeries, therapies, and necessary medications.
- Rehabilitation Costs: Financial support for rehabilitative services, such as physical and occupational therapy, aimed at enhancing the child's overall quality of life.
- Pain and Suffering: Damages are designed to account for both the physical and emotional pain experienced by the child and their family due to the birth injury.
- Lost Earning Capacity: In instances where the child's injuries impact their ability to earn a living in the future, families may pursue compensation to address the lost earning capacity.
- Funeral Expenses (if applicable): In tragic cases where a birth injury results in the loss of the child's life, families have the option to seek compensation for funeral and burial expenses.
What is the Statute of Limitations for Birth Injury Claims in California?
In California, the statute of limitations for birth injury claims typically spans two years from the date of the injury or discovery of the injury. It's crucial to note that exceptions exist, emphasizing the importance of promptly consulting with an experienced attorney to ensure compliance with the relevant deadlines.
It's essential to recognize that birth injury cases can be intricate, and any delay in taking legal action may compromise the overall strength of the claim. Seeking legal advice at the earliest stage is critical to effectively gather evidence, identify liable parties, and construct a robust case that can withstand legal scrutiny. Early intervention provides families with the best chance of securing the compensation necessary to pave the way for a more secure future for their child.
Contact Our Lancaster Birth Injury Lawyer Attorney Today
When pursuing monetary damages for Erb's palsy, cerebral palsy, or some other type of birth injury, it is necessary to conduct an exhaustive investigation to discover the evidence necessary to prove the cause of the injury. For example, it may be found that the doctor failed to order a C-section despite a diagnosis of gestational diabetes and that this was the cause of a distressed labor that resulted in an injury to the baby.
Contact Accident Attorneys by calling today to schedule a meeting with our first injury lawyer in Lancaster!
Do You Have Questions?
We Have ANSWERS-
One of the most common types of product liability claims involve auto parts leading to a car accident. Other types of product liability claims include the following faulty products:
Medical devices
Children’s toy parts
Medications
Design defects are one of the most common product liability claims filed. Manufacturing defects are another common type of claims filed. An anottorney can help you determine what is the most practical approach for your case.
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To successfully file a product liability claim, whether for a design or manufacturing defect, is to prove the file a claim that proves:
Your (the defendant’s) relationship to the product
Unreasonably dangerous condition of the product
The relationship between your injuries and the defective natur eof the product
Your case does not need any prestige or size to qualify for a product liability claim. You deserve justice in your case as have the tens of thousands of individuals who have filed product liability lawsuits each year. If you are ready to take the next step to fight for what you deserve, give our team a call today!
