Birth Injuries

How to make a birth injuries claim in California.

Birth injuries refer to injuries sustained by a newborn during the birthing process or shortly after birth. These injuries can range from minor to severe and may result from medical negligence, improper medical care, or mistakes made by healthcare professionals during pregnancy, labor, or delivery.

What are the most common birth injuries in California?

Brachial Plexus Injuries:

These injuries affect the nerves that control the movement and sensation in the arms and hands. The brachial plexus can be damaged during a difficult delivery, such as when the baby’s shoulder gets stuck behind the mother’s pubic bone (shoulder dystocia). Erb’s palsy and Klumpke’s palsy are examples of brachial plexus injuries.

Cerebral Palsy:

Cerebral palsy is a group of neurological disorders that affect body movement and muscle coordination. It is caused by damage to the developing brain, often due to oxygen deprivation during birth or other complications during pregnancy or delivery.

Fractures:

Fractures, most commonly clavicle (collarbone) fractures, can occur during a difficult or complicated delivery, especially in cases of shoulder dystocia.

Caput Succedaneum and Cephalohematoma:

These are common types of scalp swelling or bruising that can occur during delivery, usually due to pressure exerted on the baby’s head during passage through the birth canal.

Facial Nerve Injuries:

Pressure on the baby’s face during delivery can lead to facial nerve injuries, causing temporary or permanent weakness or paralysis in facial muscles.

Subconjunctival Hemorrhage:

This refers to the bursting of small blood vessels in the baby’s eyes, causing red patches on the whites of the eyes. It is generally harmless and resolves on its own.

Perinatal Asphyxia:

Perinatal asphyxia occurs when a baby’s brain and other organs do not receive enough oxygen before, during, or immediately after birth. It can result in severe brain damage or even death.

Intracranial Hemorrhage:

Bleeding within the baby’s skull can occur due to trauma during delivery or other complications, potentially leading to neurological problems.

Hypoxic-Ischemic Encephalopathy (HIE):

This is a brain injury caused by oxygen deprivation and reduced blood flow to the brain. HIE can result from various birth complications and may have long-term consequences.

It’s essential to note that not all birth injuries are due to medical negligence or malpractice. Some are unavoidable despite proper medical care. However, when a birth injury is a result of medical negligence or malpractice, it may be grounds for a personal injury claim.

Here’s how an attorney can help you with a personal injury claim for birth injuries:

The attorneys at VBV Law Group have knowledge and experience in handling personal injury cases related to birth injuries. They understand the complexities of medical malpractice law and can assess your case to determine if you have a valid claim.

Investigation:

The attorney will conduct a thorough investigation to gather evidence, medical records, witness statements, and other relevant information to build a strong case on your behalf.

Establishing Negligence:

To succeed in a birth injury claim, it’s essential to establish that the healthcare provider’s negligence or medical malpractice caused the injury. Your attorney will work to prove that the healthcare professional deviated from the standard of care expected in similar circumstances.

Calculating Damages:

Birth injuries can result in significant financial and emotional burdens for families. An attorney can help you assess the full extent of damages, including medical expenses, ongoing medical care, pain and suffering, and potential future costs associated with the injury.

Negotiation and Settlement:

Your attorney will negotiate with the responsible party’s insurance company to seek a fair settlement that adequately compensates you for your losses. If a settlement cannot be reached, they can guide you through the process of filing a lawsuit and represent you in court.

Advocacy and Support:

Dealing with a birth injury can be emotionally challenging. An attorney can provide support, advocacy, and guidance throughout the legal process, allowing you to focus on your family and your child’s well-being.

Remember that the statute of limitations (time limits to file a claim) for personal injury cases in California can vary, so it’s crucial to seek legal advice promptly. If you believe your child’s birth injury was the result of medical negligence, consider reaching out to VBV Law Group in order to discuss your situation and explore your legal options.