A birth injury is any type of injury that occurs during childbirth procedures. This type of case can involve harm to a mother, her child, or both. A few of the most commonly cited types of birth injuries that can lead to medical malpractice cases in Los Angeles include:
- Cerebral palsy. This condition occurs from brain damage sustained prior to or during childbirth. A doctor handling childbirth procedures must use the utmost care to deliver the baby safely. Any loss of oxygen or other brain damage to the child can result in cerebral palsy, and the effects of this condition are unpredictable and can vary from minor developmental delays to profound, permanent disability.
- Injuries from surgical instruments. Doctors who must use forceps or other instruments to complete a childbirth procedure could cause traumatic injury if they do not use these tools correctly.
- Medication errors. Any incorrect dosing or other misapplication of medications before or after childbirth can have tremendously harmful effects on the baby and/or the mother. Failure to verify potentially harmful drug interactions or patient allergies are especially dangerous.
- Failure to monitor patient vital signs. The medical professionals presiding over a childbirth procedure must ensure they monitor the vital signs of both the baby and the mother. Failure to do so could leave the attending medical team unable to identify and accurately respond to an emergency.
Medicine is inherently uncertain in many ways, but there is a clear difference between a medical injury resulting from unavoidable factors and/or an honest mistake made in good faith and an injury resulting from professional negligence. If you are unsure whether you have grounds to file a medical malpractice claim for the birth injury your family recently experienced, you need to consult a Los Angeles birth injury attorney as soon as possible.
The goal of a medical malpractice claim in California is for the plaintiff to obtain the compensation they need to recover as fully as possible and to hold the defendant accountable for their actions. Ideally, this will prevent the defendant from inflicting similar harm to others in the future. Your Los Angeles birth injury attorney can assist you in building your case, and once you have proven liability, they can assist you in collecting compensation for your damages.
A birth injury could lead to very expensive medical care and long-term medical expenses for the family. One or both parents could be left unable to work to address the medical conditions resulting from the accident, and they also have the right to claim compensation for the pain and suffering they experienced. When you choose Easton & Easton to represent your birth injury claim in Los Angeles, your attorney can help gather the evidence needed to prove fault for the incident and hold the defendant accountable for the full scope of your damages. The sooner you connect with your attorney, the more likely they are to maximize your recovery.
Having the right Las Vegas birth injury attorney representing your case significantly improves your chances of success with the claim. When you choose Easton & Easton to represent you, you will have immediate access to a responsive legal advocate who is ready to answer your questions and address any concerns that may arise throughout your case proceedings.
Before filing your claim, your attorney will help determine whether you actually have grounds to file a medical malpractice suit. Medicine is an inherently uncertain field and there is a degree of risk involved with every medical procedure, including childbirth. However, there is a clear difference between an honest mistake made in good faith and a failure to meet a patient’s standard of care because of negligence.
Your Las Vegas birth injury attorney will assist you in gathering the evidence needed to prove that the birth injury in question resulted from the defendant’s negligence. Easton & Easton can locate an appropriately qualified medical professional to provide the affidavit of merit you will need to submit with your claim. Once we have helped you handle the procedural requirements of your birth injury claim, we will carefully examine the scope of the damages your family experienced and help maximize the compensation you win from the defendant.
Most of the medical malpractice cases filed are resolved with private settlement negotiations. The settlement process allows both the plaintiff and the defendant to settle their case without a protracted court trial. However, settlement requires both parties to be willing to negotiate. If the defendant denies their liability or contests the range of damages sought by the plaintiff, settlement may not be an option.
Q: What Is the Statute of Limitations for a Birth Injury Claim in California?
A: A birth injury claim is a type of medical malpractice claim. In California, the statute of limitations for medical malpractice is typically three years after the date an injury occurs. Alternatively, the plaintiff has one year from the date they discovered the harm to file their claim. Typically, the damage done by a birth injury is either immediately obvious or becomes apparent soon after birth, so it’s advisable for the parents to file their claim as soon as possible.
Q: How Much Compensation Can My Family Claim for a Birth Injury in Los Angeles?
A: Any birth injury has the potential to inflict severe short and long-term damages to the victim and their family. California’s personal injury laws allow the plaintiff to seek compensation for any economic losses they suffered, including medical bills, lost income, and lost earning capacity. The defendant is also responsible for the future medical expenses the victim faces. When it comes to pain and suffering, the amount the family can claim is limited by state law.
Q: Why Do I Need to Hire a Los Angeles Birth Injury Attorney?
A: It is technically possible to file a civil suit in Los Angeles without hiring legal representation. However, any medical malpractice claim, especially a birth injury claim, is likely to be far more challenging than the victim may initially expect. Hiring the right Los Angeles birth injury attorney to represent your case significantly improves your chances of success with the claim, and you will be more likely to maximize the compensation you secure from the defendant with your attorney’s help.
Q: How Long Does It Take to Finalize a Birth Injury Case in Los Angeles?
A: Medical malpractice cases, especially those pertaining to birth injuries resulting in long-term or permanent damage, can be very difficult to resolve. Having the right attorney represent your case can streamline these proceedings, but it may take several months or longer to resolve, depending on the specific details of the claim. If you must litigate the case, this can take several months. Your Los Angeles birth injury attorney can provide an estimate of the time it could take to finalize your claim.
Q: What Will It Cost to Hire a Los Angeles Birth Injury Attorney?
A: There is no need to worry about the potential cost of legal counsel when you choose Easton & Easton to represent your case. We take personal injury cases, including medical malpractice claims, on a contingency fee basis. You will only pay a legal fee if we win your case and owe nothing if we are unable to secure compensation on your behalf for any reason. Additionally, the fee you pay is a percentage of the total amount we win from the defendant. This ensures you can have the legal counsel you need without risk of paying your attorney more than you win from your case.
The attorneys at Easton & Easton have the professional skills and experience you want on your side for a complex birth injury claim in Los Angeles. We know how damaging and traumatic any birth injury can be for a family, and our goal in every such case we accept is maximum client recovery. State law may limit your compensation in some respects, but having the right Los Angeles birth injury attorney representing you significantly improves your chances of maximizing your case award. Contact Easton & Easton today to schedule your consultation with a Los Angeles birth injury attorney and learn more about how our firm can empower your recovery efforts.