Every parent wants their children to run and play, laugh and learn, and eventually succeed in life. Birth injuries cruelly set back many of these dreams. Because childbirth is often complicated, newborns suffer the most traumatic injuries. In the United States, an estimated 1 in 33 babies are born with birth injuries every year. During childbirth, complications are frequent, and some of them could be avoided or minimized by doctors and hospitals. However, this is not always the case, and such incidents can bear devastating effects not only on the newborn but for their parents.
When children suffer birth injuries, they may have difficulty walking, talking, growing, and even breathing. These patients may require routine medical care and treatment. This places great financial and emotional strain on the parents who must do everything in their power to ensure that their child receives proper medical assistance. When medical malpractice results in a child’s birth defect or injury, the responsible party may be held liable. A birth injury lawyer can help the plaintiff to develop a strong case to recover damages related to the injuries incurred.
Different Types of Birth Injuries
Professionals in the medical field have a duty to care for their patients. As newborn children are fragile and thus vulnerable to permanent injury, when health care professionals fail to comply with this standard of care, this type of misconduct is labeled medical malpractice and it can have serious implications for the child. A birth trauma may include the following:
- Permanent or short-term paralysis;
- Loss of a limb;
- Cerebral palsy;
- Erb’s palsy;
- Brain damage caused by oxygen deprivation;
- Shoulder dystocia;
- And in catastrophic cases, death.
Cerebral Palsy
Though there is no specific cause for cerebral palsy, there is an exhaustive list of risks that may contribute to this condition, including detachment of the placenta and prolonged oxygen deprivation of the infant during childbirth.
Erb’s Palsy
Erb’s palsy occurs when a baby’s nerves in their upper arm are damaged. It is most likely to occur during a difficult labor and is caused by excessive pulling on the shoulders or delivery in the breech position.
Brachial Plexus Injuries
Birth injuries caused to the brachial plexus are common. In the neck and arms, there is a system of nerve fibers known as the brachial plexus which extends from the spinal cord. Injuries to the brachial plexus may affect any portion of the nerve fibers, with varying severity. This is dependent on the location of the injury. Generally, brachial plexus injuries are the result of excessive force applied to the baby during birth, breech delivery, gestational diabetes, and an infant with undeveloped neck muscles.
Why you need a Los Angeles birth injury lawyer
If a child suffers an injury as a result of a doctor’s negligence or malpractice, compensation may be sought to address financial, physical, and emotional losses. With the help of a Los Angeles birth injury lawyer, they will be able to gather the evidence and necessary documentation to support their client’s claims.
Through many years of experience handling medical malpractice cases, an experienced Dolan Law Firm attorney can assist you by:
- Providing a free evaluation – To assist our clients with their case, a free evaluation is offered. The purpose of this meeting is to gather all the details surrounding the incident and to learn about the extent of the child’s birth injury in order to determine if the Dolan Law Firm can assist you and, if so, prepare a lawsuit against the hospital, medical facility, or health care professional that caused the injury.
- Conducting an in-depth investigation – Our team of lawyers demonstrates compassion and provides genuine support in all birth injury cases. After signing a Disclosure Authorization Form, the birth injury lawyer will ensure that the medical records regarding the pregnancy, birth, and postnatal care are thoroughly reviewed. They may also consult a medical expert and interview witnesses to better understand the circumstances of the incident.
- Set in motion a lawsuit – The hospital, the birthing facility, or the health care provider may be held responsible if medical experts determine the baby’s birth injuries were caused by negligence.
- Negotiating the settlement – At various stages, it may be possible to settle the case, provided that the opposing party agrees to pay fair compensation.
- Taking the case to court – If the opposing party is denied responsibility, the case will be brought to court. A birth injury lawyer will then advocate for their clients to ensure that they get a fair settlement. At trial, they will provide expert testimony and supported documents to prove that the defendant was negligent in causing the child’s birth injury.
- Collecting compensation and damages – The injury may be compensated if the judge or jury finds the defendant responsible for the child’s birth injury. In this case, the lawyer assigned to the case will take all reasonable steps to promptly collect the settlement to be awarded to the client.
FAQ
How much does a Los Angeles birth injury lawyer cost?
Most Los Angeles birth injury lawyers work on a contingency fee basis. This means that they only get paid if they secure a favorable outcome for your case. This method encourages the lawyer assigned to the case to obtain the best possible result for their client and to ease the financial burden on them.
When should I hire a Los Angeles birth injury lawyer?
The time limits for filing a lawsuit differ depending on the circumstances of the case and other factors, including the age of the injured party. Typically, public hospitals and county hospitals in California are exceptions and have a shorter statute of limitations. If you or your child has been injured due to medical malpractice, you should contact a Los Angeles birth injury lawyer immediately for a free case review.
Can a Los Angeles birth injury lawyer prove that my injury was due to medical malpractice?
Investigation and documentation are essential to any personal injury claim, thus it is advisable to quickly gather medical consultation records, fetal monitoring tapes, and additional evidence so that it can be thoroughly reviewed. If your baby’s injury resulted from negligence, you can file a medical malpractice claim. A Los Angeles birth injury lawyer may assist you with this process.
