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 619-338-8230.
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 619-338-8230.
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 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.
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:
- Medical Malpractice
- Physician Negligence
- Nurse or Medical Staff Negligence
- Defective Medical Devices
- Dangerous Medications
Examples of the birth injury cases:
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 619-338-8230.
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.
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 619- 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.
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.
Brachial Plexus Birth Injury
How a birth injury lawyer could help.
“Birth injury” is a loose term in the legal field to describe either a disability a child was born with or an injury an infant sustained during the delivery process. A brachial plexus injury falls into the latter category. Brachial plexus in newborns occurs when some sort of trauma, usually difficulty exiting the birth canal, causes the infant to lose movement completely or partially in their arm. A difficult delivery can damage the infant’s nerves near their shoulder, resulting in brachial plexus. Call Now for Free Advice! San Diego Injury Law Center 619- 338-8230.
Causes of Newborn Brachial Plexus
Brachial plexus is always a trauma-induced condition, but that trauma can take on many different forms. It is common for brachial plexus to be caused by:
- The baby being larger than average
- The position of the baby (breech or head first)
- Additional measures to extract the baby
- The shoulder getting stuck in a head-first delivery
In high-risk births, doctors need to act quickly to determine if any emergency measures need to be taken, such as a cesarean section. If they do not act quickly, the baby could sustain serious injury such as brachial plexus. While taking emergency measures does not guarantee that the baby will be delivered without injury, it can substantially mitigate this risk.
Types of Brachial Plexus
Three major types of brachial plexus injuries:
- Upper arm brachial plexus
- Erb’s palsy
- Klumpke paralysis (affecting the hand)
Determining Brachial Plexus
After a difficult delivery, if a baby is not moving their arm, their hand, or has a weakened grip, then the baby may have brachial plexus. Further testing is needed if the baby appears to have this type of injury.
Brachial plexus is not always permanent. In fact, it is common for babies to heal by the time they reach six months. However, more severe brachial plexus injuries might require surgery and may never fully heal. Brachial plexus injuries that never heal might cause the baby to experience muscle spasms or partial/total loss of function for the rest of his or her life.
If you believe your baby’s brachial plexus injury was caused by your doctor’s negligence, we invite you to learn your legal rights and options.
Cerebral palsy is a neurological disorder that usually appears during a person’s infancy or detected during early childhood years. This condition affects a person’s muscles and nerves, but doesn’t stem from disorders in the muscles and nerves. Rather, it is caused by a brain injury or abnormality.
Labor and delivery problems can sometimes cause the medical condition called Erb’s Palsy in a newborn baby. This condition is a paralysis of the arm as a result of an injury to the arm’s main group of nerves in the brachial plexus during the delivery process. While rare, it can require mild to severe medical intervention, including surgery and physical therapy. In many cases, the growth of the arm may become stunted and it will be much weaker than the other one.
Erb’s palsy can be caused by the baby’s shoulder becoming stuck under part of the mother’s pelvic bone (shoulder dystocia), by excessive pulling on the shoulders during delivery or by pressure on the baby’s shoulders during a breech birth. Medical malpractice can cause Erb’s palsy through negligence or improper procedure during labor. A birth injury lawyer from San Diego Injury Law Center can help you to seek the proper compensation for your child’s birth injury.
The Future of Your Child
It is heartbreaking when your infant has successfully come to term and has been healthy throughout your pregnancy and this type of birth injury occurs. Your baby may face further medical treatments, which if unsuccessful, can cause great hardship throughout their life. If medical malpractice played a part in your baby’s injury, seeking justice and compensation is the right thing to do. Our team of lawyers is dedicated to helping victims.
Paraplegia and Quadriplegia
Paraplegia is a condition in which an individual has had a traumatic injury to the spinal cord nerve tissue, causing partial or full paralysis to the lower extremities. Both motor and sensory functions are affected and this loss of feeling or function can result in medical complications throughout the person’s life. Quadriplegia is a paralysis, brought about by a birth injury or illness, in which sensation and control is lost in all limbs and the torso. The loss of use and feeling can be partial or total and can result in respiratory complications, infections, cardiovascular disease, pressure sores and other non-optimum conditions. In addition to injury to the spinal cord, quadriplegia can be attributed to brain injury as well.
Medical malpractice is where a doctor does not diagnose and/or quickly resolve labor and delivery situations or warning signs in a newborn and caused paraplegia or quadriplegia. Failures in fetal heart tracing and other standard medical practices can create emergency situations where there is trauma or injury at birth. When medical negligence has brought about a birth injury, we want to help you get to the bottom of what happened. A knowledgeable birth injury attorney from our firm can help you understand what medical malpractice is and whether it applies to your situation.
Birth Injury Lawyers
If your child is born with a birth injury, your family and financial situation can change quickly. Suddenly, you can have medical bills that continue to grow, be under immense pressure to take care of your baby and still have to cope with the rest of life’s demands. The future is likely to include continual care and rehabilitative efforts and therapy, in order to provide the best for your child. This is where compensation and the use of a dedicated lawyer from San Diego Injury Law Center comes in. We’ve won millions on behalf of people in similar circumstances to yours who needed help. Depending on the circumstances of your case, you may be entitled to compensation for current medical expenses, lost wages, future care needs, and the pain and suffering that have been caused. Call Now for Free Advice! San Diego Injury Law Center 619-338-8230.