Costa Mesa Birth Injury Lawyer
Costa Mesa Birth Injury Attorney
The birth of a child should be a cause for celebration, but unfortunately, many families experience tragic birth injuries that turn their childbirth procedures into traumatic events. Some children face unforeseen complications during childbirth, and the attending medical staff does everything in their power to mitigate harm to the child. In other cases, birth injuries are the direct result of negligence from attending physicians or other medical staff.
Legal Counsel for Costa Mesa, CA, Birth Injury Claims
If your family recently experienced a birth injury in Costa Mesa, CA, caused by the negligence of a physician or other medical professional, you probably have grounds to file a medical malpractice claim. While a medical malpractice case is a personal injury case, unique legal statutes come into play for medical malpractice cases. Therefore, if you are confronting this type of case in Costa Mesa, it is crucial to have an attorney you can trust to guide you through this challenging situation as efficiently as possible.
The attorneys of Easton & Easton have extensive experience representing Costa Mesa, CA, clients of many sorts of civil claims, including medical malpractice cases pertaining to birth injuries. We understand how devastating these experiences can be for any family and the various medical complications a child can experience for the rest of their life due to a birth injury. If you believe you have grounds for legal action in response to a birth injury, a Costa Mesa birth injury lawyer is the best resource to consult.
Why Do I Need a Costa Mesa Birth Injury Attorney?
You might wonder why you would need to hire an attorney if fault for the birth injury your family recently experienced seems readily apparent. While it is technically possible for a personal injury claimant to file their own claim and even win a case without legal counsel, it is incredibly difficult. This is especially true for complex medical malpractice cases that involve special procedural rules.
If you tried to handle any civil case on your own, you would need to meet various court filing deadlines, perform extensive research and evidence gathering, and address your medical needs following the birth injury all at once. Instead of making an already challenging and tragic situation more demanding on you and your family, have an experienced Costa Mesa birth injury lawyer handle your case on your behalf. Your legal team can not only streamline your case proceedings substantially, but they may also uncover avenues of compensation you may not have known you could claim otherwise. Ultimately, you substantially increase your chances of success with any medical malpractice case by hiring the right attorney to represent you.
Easton & Easton takes a client-focused approach to every case we accept. When you choose us as your Costa Mesa birth injury lawyers, we will thoroughly review the details of your case, examine the conditions under which the birth injury occurred, and help you assess the total damages you can seek in your claim. Our goal is to maximize our client’s recovery and hold negligent medical professionals accountable for the harm they cause to patients.
Common Types of Birth Injuries
A “birth injury” is any injury to a mother or child during a childbirth procedure. These injuries can occur in many ways, and some of these injuries result from the negligent application of medical devices, techniques, or even incompetently performed procedures. Some of the most common birth injuries reported in California include:
- Cerebral palsy. This is a medical term used to describe a host of complications resulting from brain damage that occurs before or during childbirth. A negligent doctor may cause a child to develop cerebral palsy if they fail to monitor fetal vital signs, incorrectly extract the child from the birth canal, or cause oxygen deprivation to a newborn. Cerebral palsy is a complex condition that can result in various symptoms, most of which will last for the rest of a child’s life.
- Brachial plexus injuries. The brachial plexus is a cluster of nerves that extends from the arm through the shoulder and into the collarbone area and the upper back. When a baby leaves the birth canal, their shoulders are the widest part of the body, and it can be difficult to extract them for several reasons. In addition, when a brachial plexus injury occurs, the child may suffer Erb’s palsy, a condition characterized by poor muscle growth and lack of mobility in the affected side of the body.
- Head and face injuries. Some childbirth physicians must use forceps and other instruments to extract a child from the birth canal, but they must do so very carefully. Misuse of forceps and other instruments can cause acute injuries to the head and face of the newborn, sometimes resulting in permanent damage and disfigurement.
- Injuries to the mother. Attending medical staff handling childbirth procedures must carefully monitor the baby’s vital signs and the mother’s, and they must also account for any known medical conditions the mother has. Negligence during childbirth can potentially lead to life-threatening injury to the mother and her child.
- Negligent prenatal care. An expectant mother has the right to expect safe and effective prenatal screenings, medical care, and guidance from her doctor. However, if a medical professional fails to address known medical issues, provides unsafe or unsound medical advice, or adversely affects pregnancy, these actions can easily constitute birth injuries.
There are many ways birth injuries can occur. Costa Mesa, CA, families adversely affected by birth injuries often face challenging recoveries, and sometimes the effects of a birth injury are permanent. Many children who sustain birth injuries face developmental delays, physical handicaps, cognitive impairment, and other disabilities. The parents may face years of extensive medical treatment, various specialist appointments, and expensive ongoing rehabilitation programs for their child.
Important Rules Regarding Medical Malpractice Cases in California
While a medical malpractice case is a form of personal injury case, California enforces unique laws and statutes that apply specifically to medical malpractice claims. Therefore, if you intend to file a civil action against a medical professional for a birth injury, the case will fall within the purview of medical malpractice, and you must be prepared to address the unique legal standards that apply to your case.
First is the statute of limitations or time limit for filing the claim. The plaintiff has three years from the date a birth injury occurs or one year from the date they discovered a birth injury to file a claim. This limit will pause or “toll” if the defendant engaged in any fraudulent actions or concealed their liability for the injury in any way.
Second is the limit on non-economic damages. California state law restricts non-economic damages in medical malpractice cases to $250,000 regardless of the severity of the injury. However, there is no cap on the economic damages you can claim in a birth injury case. Therefore, a Costa Mesa birth injury attorney can help their client calculate immediate and future medical expenses they can include in their claim. Some plaintiffs will qualify to recover lost income and lost future earning potential for the time they must take off work to address a birth injury or in the event they must quit their job to care for a newborn afflicted by a birth injury.
FAQs
Q: Are Birth Injuries Permanent?
A: Many birth injuries result in permanent harm. Cerebral palsy, for example, can cause a host of disabilities and developmental delays in a child. Likewise, brain damage during childbirth is irreversible. The medical professional responsible for causing it faces liability for all medical expenses the family incurs for managing their child’s symptoms.
Q: What Happens If a Birth Injury Is Fatal?
A: If a mother or child dies due to negligent medical care during childbirth, the medical professional responsible would be liable for wrongful death. This type of civil claim is very similar to a personal injury claim but with a few key differences. Additionally, wrongful deaths resulting from medical malpractice are highly likely to result in severe professional disciplinary action against the medical professional responsibility, usually resulting in them losing their license to practice.
Q: What Happens If a Birth Injury Isn’t Immediately Obvious?
A: Some children will appear to be born perfectly healthy, seemingly afflicted by no serious medical conditions. However, some birth injuries can occur without causing immediately noticeable symptoms. If parents did not recognize signs of a birth injury until months after the birth, the discovery rule would apply, and they would likely have one year from the date they discovered the injury to take legal action.
Q: How Much Does a Costa Mesa Birth Injury Attorney Cost to Hire?
A: Most personal injury attorneys offer contingency fee billing to clients, taking percentages of case awards once they win their clients’ cases. California restricts legal fees for medical malpractice claims based on the total value of damages sought in the claim. For example, an attorney can charge no more than 40% of the first $50,000 recovered, followed by no more than 33.3% of the next $50,000, followed by no more than 25% of the next $500,000 recovered. In addition, an attorney may not charge more than 15% for cases seeking $600,000 or more in damages.
Easton & Easton understands how traumatic a birth injury can be for any Costa Mesa, CA, family. Our firm has successfully represented many clients in the area in various medical malpractice cases, including those pertaining to birth injuries. Our goal is to clarify any legal statutes you do not understand, guide you through your case with confidence, and help you and your family maximize your recovery. Contact us today for a free consultation if you are ready to discuss your case with an experienced Costa Mesa birth injury attorney.
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Easton & Easton has been recognized by TopVerdict.com Top 10 Motor Vehicle Accident Settlement in Los Angeles for 2025, for the case Bicyclist v. Inattentive Driver — the fifth time the firm has appeared on a TopVerdict list across nine years, and a recognition that arrives in the firm’s 35th anniversary year.
The superior client service Easton & Easton provides has earned the firm an A+ rating from the Better Business Bureau.
Easton & Easton is honored to have been chosen anew each year since 2014 by U.S. News & World Report and Best Lawyers as one of the "Best Law Firms" for the Southern California Metro Area.
Easton & Easton is honored to have been chosen by OC Register Voters as "The Best Law Firm in Orange County” each year since voting began in 2022.
Doug, Brian, and Matt Easton have all been selected as Top 100 Trial Lawyers for California by the National Trial Lawyers — a membership organization limited to less than 1% of attorneys.
Doug, Brian, Matt, Travis and Gabe have each been selected to "Best Lawyers" for Plaintiff's Personal Injury Litigation. Best Lawyers selects the Top 5% of attorneys based on peer voting and client reviews.
We were recently honored for our efforts in securing a $32,000,000 settlement for our client, which was selected as the #1 Bicycle Accident Settlement in California in 2024 by TopVerdict.com.
Easton & Easton was named a Tier 1 firm in Southern California by U.S. News & World Report — the highest ranking a law firm can achieve. Selection is based on client feedback, peer reputation, and professional excellence. When independent evaluators rank the best, we're at the top.
Travis Easton, Gabe Mendoza, Brenda Kocaj, and Alexandro Garza were selected to Super Lawyers Rising Stars — honoring the top 2.5% of attorneys 40 or younger in California.
Easton & Easton was voted "Best Personal Injury Law Firm in Orange County" by readers of the Los Angeles Times in 2018, 2019, and 2020. Three years in a row — chosen by the people we serve
Doug, Brian, and Matt Easton were once again selected to Super Lawyers — a distinction earned by only 5% of California attorneys. Selection is based on peer nominations, independent research, and professional achievement. When you hire Easton & Easton, you're hiring attorneys in the top 5%.
Easton & Easton was recently honored for securing a $26,000,000 settlement for our client, which was selected as a Top 10 Personal Injury Settlement in California in 2023 by TopVerdict.com.
Easton & Easton received the "People Love Us On Yelp" award in 2016 due to exceptional client satisfaction reviews.Our clients don't just hire us — they recommend us.
Easton & Easton was recently honored for securing a $32,000,000 settlement for our client, which was selected as one of the Top 20 Personal Injury Settlements in the entire United States in 2024 by TopVerdict.com.
Brian, Matt, and Travis Easton are lifetime members of the Multi-Million Dollar Advocates Forum — a distinction held by less than 1% of U.S. attorneys. Membership requires securing a verdict or settlement of $2 million or more. When you hire Easton & Easton, you're hiring proven results - because Results Matter.
Doug Easton has held the "AV Preeminent" Rating for over 30 years, and Matt Easton received this prestigious distinction in 2015. The AV Preeminent rating is the highest possible rating for both legal ability and ethical standards, based on the legal profession's oldest peer review rating system — dating back to 1887. When your peers have trusted your ability and integrity for over three decades, that says everything.
We were recently honored for securing a $26,000,000 settlement for our client, which was selected as a the #1 Personal Injury Settlement in Los Angeles County in 2023 by TopVerdict.com.
Brian Easton was selected to the American Board of Trial Advocates (ABOTA) in 2015. ABOTA is one of the most premier associations of trial attorneys and judges, requiring a proven track record of jury trials as lead counsel and approval by a majority vote of the ABOTA board. Membership isn't given — it's earned in the courtroom.
Travis Easton, Gabe Mendoza, and Brenda Kocaj were selected to the National Trial Lawyers Top 40 Under 40 — an invitation-only honor recognizing the nation's top young trial attorneys. At Easton & Easton, experience and ambition work side by side.
Easton & Easton was honored for securing a $20,000,000 settlement for our client, which was selected as one of the Top 10 Personal Injury Settlements in the entire United States in 2019 by TopVerdict.com.
Both Doug and Matt Easton have been selected as Top Personal Injury Attorneys by Avvo with scores of 10 out of 10 — based on skill, experience, results, peer evaluations, and client reviews. A perfect score. No room for higher.
Easton & Easton was honored to have been chosen by the LA Times Reader's Choice Poll as "The Best Personal Injury Law Firm in Orange County" for 2018-2020 (each year the voting took place).
We were recently honored for our efforts in securing a $1,850,000 verdict for a client, which was selected as one of the Top 50 Personal Injury Verdicts in California in 2016 by TopVerdict.com.
Awards/recognitions noted are from organizations recognized within the legal profession as bona fide.
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