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.
Antelope Valley Birth Injury Attorney
Fighting for Families in Lancaster 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 he or she may never be able to achieve self-sufficiency. He or she may never be capable of earning an income to be fully independent and might be prevented from enjoying all that life has to offer.
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, and when this happens, the results can be disastrous.
Common Birth Injuries
Pregnancy and childbirth are natural, even routine processes. Unfortunately, obstetricians and delivery room personnel can and do mistakes which jeopardize the health, safety, and well-being of both infants and mothers.
We have represented numerous clients whose babies have suffered from birth injuries such as:
- Cerebral palsy
- Birth asphyxia (oxygen deprivation)
- Subconjunctival hemorrhage
- Facial paralysis
- Fractured bones
- Shoulder dystocia
- Brachial plexus injuries
- Erb’s palsy
- Hypoxic-ischemic encephalopathy (HIE)
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 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.
Discuss Your Birth Injury Case with a Lancaster Medical Malpractice Attorney
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 in order 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.
If someone else's negligence or carelessness caused your accident, you have the right to pursue financial compensation for your damages. Speak with a lawyer from Accident Attorneys to learn more about your legal rights and options with our firm. You can also fill out an online evaluation form for additional information about your unique case.
Every case is different. A variety of circumstances determine the value of your claim. Property damage, medical expenses, hospitalization fees, pain, and suffering, missed wages, and many other factors can affect the outcome of your case.
You can even collect damages for future unemployment / missed wages and ongoing medical costs. Speak with a member of the legal team at Accident Attorneys to learn more about the potential value of your case.
If you file a claim against an individual, his / her insurance company is probably aware of the judgment. If the insurance is unaware of the settlement, you can notify the insurer. At this point, the insurance provider should issue a check for the settlement.
If the responsible party does not have insurance, you may need to enter the settlement with the court. The court has the authority to enforce the judgment if the responsible party refuses to pay.
There is no minimum amount of money allowed for a personal injury settlement; every case is determined by the unique facts surrounding the claim. Additionally, most jurisdictions do not have a cap on the amount of my money that you can receive through a personal injury settlement.
In California, the amount of money that you can receive for noneconomic damages (pain, suffering, etc.) for a medical malpractice case is limited to $250,000; however, other injury settlements are not subject to this restriction.
Generally speaking, parents are not allowed to access any money given to their child for a personal injury settlement. This is because some parents may take the money for their own benefit instead of the child.
Your child's money will probably be placed in a blocked bank account that only he / she can access at the age of 18. The court may allow you to access the money sooner, but only if it is needed for the child's well-being or health.