The birth of a child should be a joyous, momentous occasion for expectant parents to remember for the rest of their lives. Unfortunately, not every new parent has that experience. Sometimes, the baby or the mother can experience a traumatic birth injury that can affect their quality of life. After a birth injury, you may want to know the average birth injury settlement in California if you wish to pursue compensatory damages.
What Is the Average Birth Injury Settlement in California?
While a birth injury settlement has the potential to be very large, there is not a specific, reliable average for a birth injury settlement in California. Every case involves unique factors, which have to be taken into consideration during settlement negotiations. Generally, more severe injuries should result in larger settlements in order to fully cover the total damages. A settlement should cover pain and suffering and resulting medical bills, among other losses.
No amount of money will be able to make up for such a tragic situation. However, seeking compensation and holding the negligent parties accountable may help provide you with a sense of closure, as well as help you avoid financial instability. Birth injury cases are considered medical malpractice claims. In these cases, it’s crucial to carry out an investigation to prove a provider’s negligence was the cause of the injury.
Common Types of Birth Injuries
A birth injury is described as any injury that a newborn baby experiences before, during, or after childbirth. There are some instances where the mother can experience a birth injury as well.
Some birth injuries are minor and will heal in due time, but others are potentially catastrophic and can lead to debilitating conditions or severe complications, resulting in long-term or permanent care and treatment for the baby. Here are some of the more common types of birth injuries that some families experience:
- Cerebral Palsy: Cerebral palsy is a fairly common birth-related physical condition that occurs due to oxygen deprivation or some other form of brain trauma, which affects the baby either before or soon after birth. Cerebral palsy affects everyone differently, with some cases being mild and others severe. It is a complex condition that greatly affects childhood development.
- Surgical Injuries: When a doctor decides to use unnecessary surgical tools to aid in childbirth, they increase the risk of causing serious injury to the baby. Tools such as forceps can cause physical trauma to the baby’s head, which can, in turn, cause brain damage. Causing cuts, bruises, or more serious injuries to the baby, although they are likely unintentional, can lead to legal action taken against the doctor in question.
- Minor and Major Fractures: Regrettably, fractures occur quite often in childbirth. It is a physically traumatic experience for the mother and for the baby. Delivering the baby can be difficult and physically demanding for every party involved. The clavicle or collarbone are the most common bones that are injured. However, a break could heal quite quickly, depending on the situation.
- Delayed Birth: Typically, a baby takes around nine months to fully develop in the womb. When the time comes for the baby to be delivered, labor can take up to a full 24 hours for a first-time mother, and sometimes even longer. A delayed birth occurs when labor lasts longer than it should and there are complications. Pressure can increase around the baby’s brain, which can lead to some neurological or cardiovascular conditions.
FAQs
Q: How Much Compensation Can I Get for a Birth Injury?
A: There is no set amount of compensation that you can receive from a birth injury in California. However, many birth injury compensation awards could be quite large due to the significant public backlash and long-term effects that can occur.
Many different factors need to be taken into consideration in court or during settlement negotiations, including the severity of the injury, the details of how the injury occurred, any evidence of negligent behavior, and how willing both parties are to reach an agreement.
Q: What Is the Statute of Limitations for a Birth Injury in California?
A: The statute of limitations for a birth injury claim in California is typically three years. You will have three years from the date of the initial injury, or one year from the discovery of an injury, to begin filing a birth injury claim and pursuing compensatory damages. If you file after the designated time frame, your claim may not be considered. You can pursue a birth injury claim for a child until their eighth birthday.
Q: What Is Medical Malpractice as It Applies to Birth Injuries?
A: Medical malpractice is any act by a medical professional that deviates from an established duty of care and results in the patient’s injury or death. It can be done by a doctor, a nurse, a dentist, an anesthesiologist, or a medical provider of any kind. A birth injury, such as fractures or cerebral palsy, can be caused by medical malpractice. To prove that it occurred, you’ll have to prove that the standard of care was breached. Your lawyer can help you gather the necessary evidence.
Q: What Is the Prognosis for a Birth Injury?
A: The prognosis for a birth injury depends entirely on the details surrounding every individual birth injury case. Depending on the specific injury, as well as the recovery process, the prognosis can differ significantly. It depends on the severity of the injury, how soon it was discovered and diagnosed, and the type of injury. Everyone’s road to recovery will be different, and some injuries could have permanent effects.
Reach Out to a Qualified Birth Injury Lawyer
At Easton & Easton, we understand that dealing with a birth injury can be a traumatizing and overwhelming experience. A child’s birth should be one of the most precious moments of your life, but an injury could overshadow it. Thankfully, we can provide you with crucial support during this difficult time. Easton & Easton can help you seek justice for any birth injury you and your family may be dealing with. Contact us to begin working on your case today.
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