Birth Injury Lawyers
San Diego Injury Law Center Birth Injury Lawyers
Fighting for the rights of birth injury victims.
Birth injuries are a regular occurrence, caused mainly from a lack of oxygen or blood flow to the baby before, during or after their birth. This can result in conditions or disorders such as mental retardation, brain injuries, many types of cerebral palsy, spinal cord injuries and others. A wrongful death can be the final consequence of a severe birth injury. Commonly, the effects of the injury are quickly apparent. In some cases, such as when your child displays delays in development, a parent may not be aware that trauma during labor or delivery is the cause of their child’s injury. The laws of the State of California provides for compensation to be awarded to a mother or child when birth injuries can be attributed to medical malpractice or negligence. If you need a Birth Injury Lawyer, please call us today Toll Free (833) 338-8230.
Statues of Limitations for the Mother and Child
An adult has a year to take legal action from the time that they knew when, or reasonably should have known, of the injury that was caused. For a baby, the law gives until they are 8 years old for a lawsuit to be filed. There are specific exceptions to these general rules as in the case of filing an action against a California County Hospital or one that is part of a public health care district. The statute of limitations for these institutions can be considerably smaller than private hospitals. Call San Diego Injury Law Center for free advice – Toll Free (833) 338-8230.
How do Birth Injuries happen?
Birth injuries can happen for a variety of reasons, but in instances in which they are caused due to medical negligence and careless mistakes made by your healthcare provider, you have the option and legal right to hold the responsible party accountable. An experienced birth injury lawyer at San Diego Injury Law Center can help you understand these rights, while at the same time work diligently to ensure that you have the best chances in proving your case.
Our injury lawyers understand the tremendous emotional, physical, and financial burdens families must face following a birth injury. When these injuries are determined to be preventable and caused by negligent or wrongful acts, victims and families have every right to pursue financial compensation for their damages. Our firm is here to help clients protect their rights and we fight for the maximum compensation possible.
Birth Injury Cases
Some birth injury lawyers specialize in one type of birth injury, such as cerebral palsy (the leading birth injury in the United States), San Diego Injury Law Center focuses on a variety of birth injuries.
Our legal team has experience handling a wide range of cases that include the following:
- Medical Malpractice
- Physician Negligence
- Nurse or Medical Staff Negligence
- Defective Medical Devices
- Dangerous Medications
Examples of the birth injury cases:
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Birth injury cases are extremely intricate, but are still considered personal injury cases, our birth injury lawyers have the experience and knowledge needed to give you the best chances of winning your birth injury case. Call us now for Free Advice – Toll Free (833) 338-8230.
We want to help you and your baby
If you believe you or your baby was injured due to medical negligence, our birth injury lawyers want to help you. We will take the steps to determine if you have a case. Our lawyers usually start by going over your case information thoroughly to ensure your case is valid. To help the process move faster, be certain to bring in all medical documents that you think will help your case. We have a team of medical experts working with us to ensure that the verdict is in your favor.
Our experienced lawyer begins the process of pre-litigation in which they will collect additional evidence, documents, a witness and expert list, and go through the additional intricate details involved in a birth injury case. During this time, it’s not uncommon for a lawyer to propose a settlement amount to the defense, yet it’s not always guaranteed that they will agree to settle. You, as well as the defendant, must agree to the settlement amount.
If a settlement can’t be reached, the litigation phase of your case begins, in which your attorney will formally file a complaint against the defendant in civil court. Once the complaint is filed, the defense has an allotted amount of time to formally answer. The discovery stage of the case usually starts during this time, and the defense has the right to see “what’s stacked up against them,” meaning they can see the evidence, the witness list, and any other crucial information that has been gathered.
It’s during this time that most defendants will negotiate a settlement once they see that it would be easier to settle than to fight a case in trial. However, although rare, there are instances in which a settlement is not negotiated. If this happens, be prepared that you may have to go to trial. However, it’s not uncommon for the defense to agree to a settlement after a trial has begun. Keep in mind that your case can be settled at any point once the litigation process has begun, even up until the last week of a trial. Call Now for Free Advice! Toll Free (833) 338-8230.
Birth Injury Facts
There are two main types of injuries that can occur during the birth/delivery process; injuries from a lack of oxygen to the brain and injuries from trauma. Lack of oxygen to the brain, known as hypoxia or asphyxia, can cause life-long disability, depending on the area of the brain affected and degree and duration of oxygen deprivation. The process of birth often causes a small reduction in oxygen supply to the brain and many babies are born with some evidence of asphyxia at birth, which is called birth depression. However, because of the reserve supply of oxygen and blood that is provided to the baby in the uterus through the placenta, most babies who are born with some depression at birth or hypoxia can be quickly and easily treated with some stimulation after birth and such babies rarely, if ever, suffer any significant injury to their brain.
There are several conditions which can cause more significant hypoxia or asphyxia at birth, and these can lead to more significant brain injuries that include the following:
- Compression of the umbilical cord
- Prolapse of the umbilical cord during delivery
- Separation of the placenta before delivery
- Rupture of the uterus
All of these conditions can present an obstetrical emergency which can result in requiring that the baby be delivered quickly, usually by an emergency cesarean section. While most hospitals can perform a cesarean section with 30 minutes of the decision by the obstetrician for such surgery, these obstetrical emergencies often require a delivery within 15-20 minutes or less to prevent any significant brain injury in the baby.
The incidence of each of these obstetrical emergencies is considered rare at less than 5% of deliveries, but if such a problem does occur, the impact is serious, and the effects on the baby and the family can be devastating for the rest of their lives.
If your child has suffered a brain injury due to any of these circumstances, please call us to determine if you have a case for medical malpractice Toll Free (833) 338-8230.
- San Diego Injury Law Center
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