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.

Costa Mesa Birth Injury Lawyer

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.

birth injury attorney costa mesa ca

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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Firm Awards

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 the LA Times Reader's Choice Poll as "The Best Personal Injury Law Firm in Orange County" for 2018.

Doug and Brian Easton have been selected as Top 100 Trial Lawyers for California each year since 2014 — honors given to less than 1% of attorneys.

Doug and Matt Easton have each been chosen as one of The Best Lawyers in America for Plaintiff's Personal Injury Litigation. Best Lawyers lists attorneys who have earned selection through exemplary legal work that attracts the notice of their colleagues. Lawyers cannot buy their way onto this list.

Brian and Matt Easton were recently honored for their efforts in securing a $1,850,000 verdict for a client in 2016, which was selected as one of the Top 50 Personal Injury Verdicts in California by TopVerdict.com.

Doug and Brian have each been selected by Super Lawyers, an honor given to less than 5% of attorneys. Matt Easton has been selected among Super Lawyers' Up-and-Coming Top 25 in Orange County and Top 100 in Southern Califonia, an honor given to less than 1% of attorneys under 40 years old.

Easton & Easton is honored to have been chosen as one of the "10 Best Personal Injury Law Firms” in all of Southern California" each year Since 2015 based on client satisfaction — one of the highest honors we could ever hope to achieve.

Easton & Easton received the “People Love Us On Yelp” award in 2016 due to the exceptional client satisfaction reviews given by our clients over the years.

Doug and Matt Easton have each been featured as Premier 100 Trial Attorneys for California since 2015 — honors given to less than 1% of attorneys.

Brian and Matt Easton have each earned lifetime appointment to the Multi-Million Dollar Advocates Forum — The Top Trial Lawyers in AmericaTM through the results achieved for their clients. This is an honor given to less than 1% of attorneys in the United States.

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, and is based on the legal profession’s oldest peer review rating system, dating back to 1887.

Doug, Brian, and Matt Easton have all been chosen as one of the "10 Best" Personal Injury Attorneys in Southern California each year since 2015 based on client satisfaction, an honor given to less than 1% of personal injury attorneys - and Easton & Easton houses three of them.

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 certain number of jury trials as lead counsel and approval by a majority vote of the ABOTA board.

Matt Easton has been selected each year since 2014 as one of the Top 40 Trial Lawyers Under 40 for California by The National Trial Lawyers — an honor given to less than 1% of attorneys.

Doug and Matt Easton have each been chosen as one of The Best Lawyers in America for Plaintiff's Personal Injury Litigation. Best Lawyers lists attorneys who have earned selection through exemplary legal work that attracts the notice of their colleagues. Lawyers cannot buy their way onto this list.

Both Doug and Matt Easton have been selected as Top Personal Injury Attorneys by Avvo with scores of 10 out of 10 based on their skill, experience, results, peer evaluations, and client reviews.

Matt Easton has been selected as one of the Top 10 Personal Injury Attorneys Under 40 in California for 2015 by the National Association of Personal Injury Attorneys — an honor given to less than 1% of personal injury attorneys under the age of 40.

Doug, Brian, and Matt Easton have all been selected by the National Association of Distinguished Counsel among the Nation's Top One Percent of Attorneys each year since 2017.

Orange County Personal Injury Lawyer | Costa Mesa Auto Accident Attorney | Catastrophic Injuries

“We look for the human story behind every injury or wrongful death. We prepare our cases for trial; reaching out to the jury with the most compelling evidence possible for the best verdict possible. Insurance companies know this and come to the table prepared to negotiate in good faith. Call us to see how we can turn your story into fair compensation.”

Partner W. Douglas Easton

What Our
CLIENTS SAY

Coming out of my first auto accident as an adult, a very difficult and scary time to navigate and understand, I was so incredibly thankful to have been put in contact with Easton & Easton. I honestly was lost with how to handle paperwork, doctors, medical costs and what next steps were, and from the moment I spoke with Travis Easton and my case manager Katie, my mind was put at ease. They have made the entire process stress free for me as I recovered, and I am so grateful for them and their genuine care for my case. Communication from the start has been fantastic, especially making clear what my expectations for the entire process would look like, and I truly believe they have my best interest at heart. 100% I would recommend their firm for anyone that is needing representation!

Sara McClelland

My experience with Easton & Easton has been amazing! Gabriel Mendoza and my case manager Katie have been so helpful and taken so much stress off my plate. They’ve been super informative and honest and given me very clear expectations. They’ve taken such a terrible experience (my accident) and eased my mind about the outcome. I can’t thank them enough!!

Caila Dean

Ive used them twice and never been disappointed

Lisa Bluemel

The Easton & Easton Law Firm is amazing! The entire team is very helpful and caring. They were always there to answer all my questions. They directed me through the entire process and stayed with me every step of the way. This team is outstanding and were wonderful to work with. Because of the tremendous effort they put on my case they were able to win my difficult personal injury case. I couldn’t have asked for a better law firm to handle my case. They are the Best! Thank you for your patience, professionalism, & guidance! I definitely recommend this firm to handle your case. They go out of their way to fight for your rights. THANK YOU…

Sofia Sanchez

I could not be more pleased with the services provided by the Law Offices of W. Douglas Easton. The senior partner Mr. Easton took the time to meet with me and my wife while I was still in the hospital, where he gave my family hope that there was light at the end of a very long, and very dark tunnel. Matt Easton then worked my case, and because of his dedication, experience and expertise I received a settlement that was larger than I EVER thought possible. It was truly astounding! Matt and the entire team at Easton & Easton looked out for me throughout my recovery, and in the end they gave me my life back. Five stars is not enough. Thanks Matt! Thanks Easton & Easton!

Dan Campbell

Brian and everyone at Easton and Easton are simply the BEST at what they do. Brian is thorough, easy to talk to, and truly cares about his clients. If you want a family of attorneys with perseverance and determination to fight for you, give Easton and Easton a call. I am glad I did.

Kyle Keith

What an amazing law firm, talk about going above and beyond to make such a painful experience go so well. I have referred a co-worker and a family member to them as well and everyone had such a great experience as I had.

Logan Ross

I can’t say enough amazing things about my experience with Travis Easton at Easton & Easton. Travis and his entire team (Katie, Amy, Dee, Michelle, & Araceli) are phenomenal. It provided me a lot of comfort to know I was being so well taken care of. I was especially impressed that every document for the case was perfectly written and specific to me. Nothing was generic, which shows the level of care and attention they put into each individual case. I had such a great experience and would highly recommend Travis Easton and his firm to anyone going through a personal injury. Travis took a bad situation and made the best of it for me. Thank you again, I’m forever grateful!!

-Allee

Ashlee A.

Retaining Easton and Easton was one of the best decisions I’ve ever made! From the initial consultation to our final meeting, they were nothing short of exceptional. I was forced to retain their services after firing my previous attorney for not handling the case properly. I dealt with Gabriel and Brian (partner) exclusively throughout the case. They did as promised and were great communicators throughout the entire process. I will recommend them to anyone I know going through a personal injury case. They were ultimately able to untangle the mess caused by my previous lawyer and get a result that I was extremely happy with. Their staff is exceptional as well and provided top notch customer service. Amera was also extremely helpful and easy to deal with as well.

Jeffrey N.

I was in a pretty bad car accident and decided to have Easton & Easton represent me, Travis Easton to be specific. Travis Easton and his paralegal made the whole process effortless. They were so understanding and helpful! The entire thing was a gigantic mess, yet Travis managed to make it run like clockwork. I would HIGHLY recommend Easton & Easton! If you are ever in need of a personal defense attorney Easton & Easton is the firm to represent you!

Mark B.

They are the best law firm in Orange County period. Choosing them to represent me was the best decision of my life.
My life changed in a matter of seconds after a catastrophic spinal cord injury that left me disabled. Brian Easton and his team worked on my case non stop for 3 years and provided me the justice I deserved. I couldn’t have been more content.
I was treated with utmost respect and I felt like I was being represented by a close family member. The responses to my questions were quick and clear. What E & E has done for me is phenomenal.
My sincere thanks to Brian, Matt, Travis, Doug, Gabriel and Amera. They are what they are because of their dedication to provide high quality and professional service to their clients.

Vamsi P.

Brian Easton and his team, Gabe Mendoza and Amera Hajali, helped me during a very difficult time in my life. I had a significant injury from a car accident, and wound up seeking out Easton & Easton when I was having difficulties getting help from my doctors. The Easton team took a lot of stress off of me while acting as my advocates to help me get the care I needed, and saw my case all the way through to a healthy settlement.

They are the BEST!

Jennifer P.

I have nothing but good things to say about Easton and Easton. Brian handled my case professionally and communicated with me effectively throughout the process. He made sure that the process was effortless and as hands free as possible. This was super important for my busy schedule. I highly recommend Easton and Easton if you are ever found in a situation that you need an attorney.

Claudia C.

I would highly recommend Easton & Easton.
I was rear ended on my home and pushed into a semi-truck. I was not sure how to go about even using an attorney.
Brian, Gab and Amera were so good about helping me thru the process and representing me.
I was able to concentrate on getting myself better knowing they had my back, taking care of the details and keeping me informed along the way

Linda M.

The best Law firm by far. I would highly recommend Easton & Easton, LLP and ask for Gabriel Mendoza and staff. He and his colleagues did and exceptional service. Thank you for everything. Job well done!

Ericka P.

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