Birth Injury
Attorneys

Birth Injury Attorneys

Our birth injury attorneys understand the emotional, physical, and financial effects a birth injury may have to a victim. A victim may also have severe psychological trauma from enduring a birth injury. If the injury was preventable, contact our office today. Our experienced birth injury attorneys file suits against at-fault parties for their negligent or wrongful acts. We represent victims and their families in order for them to receive financial compensation for the damages they have gone through. We are here to help. We have offices located in California and Nevada, and are readily available to schedule a free no risk consultation to discuss your birth injury case.

Birth Injuries in America: Key Facts, Financial Impact, and Legal Rights

In the United States, about 7 out of every 1,000 births result in a birth injury. That means nearly 30,000 newborns face complications each year. Data from the Centers for Disease Control and Prevention (CDC) shows these injuries lead to hospital stays costing the country more than $2.6 billion annually.

Birth injuries can cause lasting effects on a child’s health and development. Families often bear ongoing costs for special education, physical therapy, and additional medical treatments. These expenses can quickly become overwhelming, placing a serious financial strain on affected households.

If a birth injury results from medical negligence or mistakes made by healthcare professionals, families may have legal recourse. Filing a birth injury lawsuit can help recover compensation for medical bills, physical pain, emotional distress, lost wages, and even loss of parental affection. In some cases, punitive damages may be awarded to hold negligent parties accountable.

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Understanding Birth Injury Causes: What You Need to Know

Birth injuries occur when a newborn suffers harm during the delivery process. These injuries can stem from various medical errors made by healthcare professionals. However, not every mistake during childbirth qualifies as medical malpractice.

For a valid medical malpractice claim related to birth injuries, it’s essential to prove that the injury resulted directly from a healthcare provider’s negligence or failure to meet the accepted standard of care. Without clear evidence linking the injury to professional misconduct, legal claims often don’t hold up.al’s negligence or conduct that fell below the standard of care.

Some types of medical errors that can lead to birth injuries:

• Failure to respond to fetal distress
• Premature delivery
• Delay in performing the C-section delivery
• Failure to recognize the need for cesarean section
• Failure to identify a congenital issue in utero
• Head trauma during delivery
• Administering improper drugs or an unsuitable dosage of Pitocin
• Failure to recognize critical issues with the newborn such as jaundice
• Oxygen deprivation (hypoxia) suffered during birth
• Failure to properly monitor the heart rate of both the mother and child during pregnancy & birth
• Failure to deliver a child whose progress has stopped during labor
• Excessive force used during delivery
• Failure to recognize infection during the gestation period
• Unskilled use of the vacuum extractor or forceps
• Failure to identify and properly treat a harmful complication or condition such as premature rupture of the membranes, unexpected bleeding, umbilical cord entrapment, or placental abruption

Factors that Increase the Likelihood of Birth Injuries

Birth injuries become more common as the complexity of the procedure increases. These are factors that often lead to an increased risk of suffering a birth injury:

• Use of surgical instruments – While technology has helped make the birthing process easier over time, the improper usage of these devices can directly lead to serious birth injuries. While forceps have been shown to reduce the risk of a baby encountering oxygen deprivation or fetal distress when used properly, they can also cause extensive damage to a baby’s head, neck, or chest when used improperly. The vacuum extractor is a device that the medical team attaches onto the baby’s head or shoulder to help pull the baby through the birth canal. If this device is improperly attached, serious and even life-threatening injuries can occur to both the mother and the baby.
• Large baby size – The child’s head size is a major factor in how easy the baby is to deliver. The bigger the baby, the higher chance that an injury will occur because of the lack of space and extra force that may be needed.
• Breech (feet first) baby – If the baby is positioned in a way that the feet or buttocks will come out first, then this can create complications for the birth. The delivering doctor or medical professional may try to reposition the child or pull the baby with more force to try to ensure a proper delivery, but either of these solutions can create injury when implemented improperly.
• Mother with small pelvis – If the mother’s pelvic width and opening are too small, this can create difficulty for the doctor in guiding the baby out naturally.

Birth Injury Lawsuits: Common Types and Causes

Birth injuries can happen during pregnancy or delivery, often due to medical negligence. If a healthcare provider fails to meet the standard of care, resulting in harm to the baby or mother, you might have grounds for a birth injury lawsuit. Understanding common birth injuries can help you identify potential legal claims.

Common Birth Injuries Leading to Lawsuits:

• Brain Damage
  Brain damage often results from severe trauma to the baby’s head or oxygen deprivation during birth. Lack of oxygen (hypoxia) can cause permanent neurological issues.
• Cerebral Palsy
  Up to 20% of adults with cerebral palsy suffered brain injury during birth. This condition causes motor skill difficulties, balance problems, and lifelong challenges.
• Incorrect Medication Dosage
  Administering too much or too little medication to the mother during labor can lead to serious consequences. Overdosing may cause brain damage, while underdosing can cause severe pain and distress.
• Vacuum Extraction Injuries
  Improper use of vacuum extractors can damage the baby’s skin, causing cuts, infections, or even brain hemorrhages.
• Shoulder Dystocia
  This happens when the baby’s shoulders get stuck in the birth canal. Excessive force to free the baby may result in nerve damage or fractures.
• Birth Position Complications
  Unsafe fetal positioning can lead to oxygen deprivation and physical injuries during delivery.
• Brachial Plexus Injury
  Damage to the nerves controlling the arms, often caused by excessive pulling or stretching during delivery, can result in weakness or paralysis of the arm.

Common Types of Birth Injuries

• Skull fractures
• Broken bones
• Brain or spinal cord injuries
• Skull malformation
• Brachial plexus injuries
• Brain damage
• Stroke
• Cerebral Palsy
• Seizure
• Caput succedaneum
• Hypoxic-ischemic encephalopathy (HIE)

Why Do You Need a Birth Injury Lawyer?

A birth injury lawyer plays a critical role in cases where medical negligence has caused harm to a mother or her child during childbirth. These lawyers specialize in proving that the injuries suffered were a direct result of a physician’s careless or reckless actions. When negligence occurs, both the mother and child often face long-term emotional, physical, and financial challenges.

In California, birth injury lawyers are committed to protecting your rights and interests. They work to secure the maximum possible compensation for the damages you and your family endure. This compensation can help cover medical bills, therapy, lost wages, and other expenses that arise from the injury.

When Should You File a Birth Injury Lawsuit in California?

If your child suffered a birth injury, timing is critical when filing a lawsuit in California. The state enforces a statute of limitations that limits how long you have to take legal action. Missing this deadline could cost you the chance to seek compensation.

California courts consider various factors to determine the exact statute of limitations. For instance, if the injury involves a government entity—such as a government-run hospital—the deadline for filing might be significantly shorter than in other cases. Understanding these timelines is essential before proceeding.

To get clear guidance on the statute of limitations and understand your legal rights in birth injury cases, you should contact experienced birth injury attorneys. They can help you navigate the specific rules in California and protect your family’s interests.

Who Can Be Held Responsible for Causing a Birth Injury?

Birth injuries often result from avoidable errors made during pregnancy or delivery. When healthcare providers miss warning signs or fail to manage complications correctly, the risk of serious harm to the newborn increases sharply.

If your child has suffered a birth injury, you may be wondering who is legally responsible for the harm caused and the damages your family faces. Several parties involved in prenatal care and delivery could be held accountable.

Common Parties Responsible for Birth Injuries: Who Can Be Held Liable?

Birth injuries can have lasting effects on a child and their family. When these injuries happen, identifying who is responsible is essential. Usually, liability falls on specific individuals or entities involved in the pregnancy and delivery process.

Understanding the potential parties responsible helps families take informed legal steps to protect their rights and seek compensation. Knowing who can be held liable also clarifies the complex medical and legal landscape surrounding birth injury cases.

Healthcare Professionals
Doctors, nurses, and other medical staff involved in prenatal care and delivery often bear responsibility if they act negligently or fail to provide the accepted standard of care. Mistakes during labor, failure to monitor the baby properly, or errors in medication can cause serious harm.

Hospitals
Hospitals themselves may be liable when unsafe conditions, poor policies, or inadequate staff training contribute to birth injuries. Systemic problems such as understaffing or lack of proper equipment can increase risks for both mother and baby.

Pharmaceutical Companies
If a drug prescribed or administered during pregnancy is defective or causes harm, the pharmaceutical company that manufactured it could be responsible. This includes drugs with undisclosed risks or harmful side effects.

Medical Device Manufacturers
Faulty medical devices used during pregnancy or delivery can lead to birth injuries. When a product malfunctions—whether it’s a fetal monitor, forceps, or another device—the manufacturer can be held accountable for resulting damage.

Birth Injuries vs Birth Defects

One of the most common misconceptions is that birth injuries and birth defects are the same thing. There are several key differences between the two.

Birth defects most often occur during the first three months of pregnancy and can be caused by things such as genetics, infection encountered during pregnancy, fetal malnutrition, and exposure to harmful chemicals or medications. This does not include negligence on behalf of the healthcare provider.

On the other hand, birth injuries are mostly avoidable and are typically caused by negligence from a third party such as the medical staff, hospital, or medical manufacturer. You are more likely to be able to file a lawsuit for birth injuries rather than birth defects.