Welcoming a child into the world should be one of life’s most joyous occasions. However, when negligence occurs during pregnancy or delivery, the dream can turn into a nightmare. Birth injuries can leave newborns with lifelong disabilities, robbing them of the bright future they deserve. As a parent, you feel devastated, angry, and overwhelmed with the immense challenges ahead.
At Libra Law Firm, we understand the profound pain and distress caused by birth injuries. Our compassionate Newport Beach birth injury lawyers have witnessed the life-altering consequences firsthand. We’ve seen families grapple with the emotional turmoil, staggering medical expenses, and the daunting task of providing round-the-clock care for their injured child.
That’s why we’re here – to fight relentlessly for justice on your behalf. Our mission is to hold negligent medical professionals accountable and secure the compensation you need to give your child the best possible care and quality of life. Your consultation with Libra Law Firm is free, and you won’t have to pay us lawyer fees until we obtain compensation for you. Call us at (888) 565-3214 today.
Difference Between a Birth Defect and a Birth Injury
Most parents’ greatest wish is for their newborn child to be healthy. Unfortunately, this wish is not always possible, whether due to a birth injury or a birth defect. While these two terms sound similar, they have some key differences that can dictate the course of action you might be able to take.
What is a Birth Defect?
Birth defects occur while the baby is developing within the mother’s womb. These defects can come in various forms, affecting how the body looks, how the body works, or both. For example, a cleft lip would be a visible birth defect that is easy for others to see, whereas a heart defect would require special testing.
What are the Most Common Causes of Birth Defects?
Some of the most common causes of birth defects include:
- Genetics
- Exposure to certain medications or chemicals
- Infections during pregnancy
- Not getting enough nutrients.
That said, in most cases, the cause of birth defects is unknown. In rare cases, it is possible for a medical provider to be accountable for a birth defect if they failed to give proper prenatal care to the mother and child. More often, however, birth defects are out of the hands of healthcare providers.
What is a Birth Injury?
In contrast to a birth defect, a birth injury is harm or damage that an infant sustains during the mother’s pregnancy, labor, or delivery. These injuries can be anything from small bruises to serious ailments like brain damage, spinal cord injuries, cerebral palsy, and Erb’s palsy. Unlike birth defects, which occur during the developmental stages of pregnancy, birth injuries often result from medical negligence or complications during the birthing process.
Common causes of birth injuries include improper use of birthing tools, failure to monitor the baby’s condition, delayed C-sections, and medication errors.
While birth defects are generally not grounds for legal action, birth injuries often result from negligent medical care and may entitle parents to pursue a medical malpractice claim.
If your child suffered a birth injury due to the negligence of healthcare providers, it is crucial to consult with an experienced Newport Beach birth injury lawyer. An attorney can investigate the circumstances surrounding the injury, gather evidence, and help you pursue the compensation you deserve for your child’s medical expenses, long-term care, and other costs.
Common Types of Birth Injuries in Newport Beach
The term “birth injury” encompasses a wide range of medical issues that can occur immediately before or during childbirth. Some common examples of birth injuries that lead to medical malpractice claims in Newport Beach are:
Injuries from Surgical Tools
Delivery doctors should use tools such as forceps and extraction devices only when medically necessary, and they should do so with utmost care. Improper or excessive use of these surgical instruments may cause lacerations, skull fractures, and other traumatic injuries to an infant.
Cerebral Palsy
One of the most prevalent birth injury-related conditions is cerebral palsy, a complex disorder of the nervous system. This condition occurs due to oxygen deprivation and other forms of brain damage before or during childbirth. The effects of cerebral palsy vary from case to case, often including loss of coordination and muscle stiffness. It can impair childhood development in multiple ways.
Brachial Plexus Injury
The brachial plexus is the nerve structure around the baby’s neck, upper back, and shoulders. As the shoulders are the widest part of the baby passing through the birth canal, excessive force during delivery can damage soft tissue or nerves in the brachial plexus.
Hypoxic-Ischemic Encephalopathy (HIE)
Also called neonatal encephalopathy, this is a form of brain damage caused by insufficient oxygen to the baby’s brain. It results in long-term neurological problems such as trouble breathing and seizures.
Facial Nerve Injuries
When doctors use forceps to help usher the baby during delivery, the pressure may damage the infant’s facial nerve. This can lead to facial paralysis called facial palsy. In some cases, the nerve damage may be so severe that it requires surgery.
Fractures
Bone fractures, particularly of the clavicle or collarbone, may occur during a breech birth or when there’s trouble with the baby’s shoulders. Childbirth professionals should know the most suitable techniques to use to minimize the chances of breaking the baby’s bones.
Intracranial Hemorrhage
Commonly called “newborn brain bleed,” this happens when blood vessels break within the skull and bleed into the brain. The risk of infant brain hemorrhage increases when the medical staff uses devices like forceps or vacuums.
Birth Asphyxia
“Asphyxia” is the medical term for insufficient oxygen supply to the brain and organs. Prolonged asphyxia in babies – even just for a few minutes – can result in permanent disorders such as cerebral palsy. Though birth asphyxia can be caused by unpredictable factors, childbirth staff should be able to recognize and address it immediately by monitoring the baby’s vitals.
These are just a few examples of the various birth injuries that can potentially lead to a medical malpractice claim. Any type of birth injury can be grounds for legal action if the doctor or medical staff responsible for the injury acted negligently in their handling of the procedure. If you are unsure whether your birth injury occurred due to negligence, it is crucial to consult with an experienced Newport Beach birth injury lawyer promptly.
Common Causes of Birth Injuries
Some of the most common causes of birth injuries caused by medical negligence include:
Head Trauma During Delivery
Improper handling or excessive force during the delivery process can lead to head trauma, potentially causing skull fractures, brain hemorrhages, or other severe injuries to the newborn.
Forcible Delivery
Medical providers during delivery should know the proper techniques and the right amount of force to apply. Excessive force or unsuitable delivery methods commonly cause various birth injuries, including brachial plexus injuries, fractures, and nerve damage.
Unskilled Use of Forceps or Vacuum Extractors
Improper or unskilled use of birthing tools, such as forceps or vacuum extractors, can cause significant harm to the baby, including head injuries, facial paralysis, and brain damage.
Oxygen Deprivation During Birth
Birth professionals are trained to monitor the infant’s oxygen levels or respond to signs of fetal distress. When they fail to do these, the newborn may suffer oxygen deprivation, potentially causing brain damage, cerebral palsy, or other long-term neurological impairments.
Failure to Identify and Treat Complicating Conditions
A common form of birth negligence is failing to identify or address complications during pregnancy or delivery. This can lead to birth injuries such as placental abruption, umbilical cord prolapse, or fetal distress.
Miscalculation of Fetal Size
Inaccurate estimation of the baby’s size can lead to complications during delivery. Birth providers are supposed to estimate the infant’s size with great accuracy so they can apply the suitable techniques or perform a timely cesarean section if necessary.
Improper Dating of Delivery
Miscalculating the due date can result in premature or post-mature delivery, increasing the risk of birth injuries and complications.
Medication Errors
Both the mother and the baby are vulnerable to adverse effects from medication, including anesthetics. Doctors must carefully assess a patient’s condition and medical history before administering any medications to avoid potential complications. Unfortunately, many birth professionals have provided the wrong medications or incorrect dosages.
Failure to Properly Monitor or Respond to Fetal Distress
Negligence in monitoring the baby’s vital signs or failing to respond promptly to signs of fetal distress can lead to oxygen deprivation, brain damage, or other severe birth injuries.
Failure to Perform a Timely C-Section
Certain birth complications urgently require a cesarean section. If the doctor delays or fails to perform a necessary C-section, it can deprive the baby of oxygen and increase the risk of birth injuries.
These are just some of the common causes of birth injuries resulting from medical negligence. If you suspect that your child’s birth injury was caused by negligent medical care, it is crucial to consult with an experienced Newport Beach birth injury lawyer. This will help you understand your legal options and pursue the compensation you deserve.
Determining Liability for Birth Injuries
Liability for a birth injury can be attributed to various parties, depending on the circumstances surrounding the injury. Determining liability often involves complex legal considerations and a thorough investigation by experienced birth injury attorneys. Here are some parties who may be held liable for a birth injury in California:
Doctors
Obstetricians, attending physicians, anesthesiologists, neonatologists, and other healthcare professionals involved in prenatal care, labor, and delivery have to uphold a standard of care towards their patients. They may be held liable if their actions or decisions deviate from the standard, leading to a birth injury.
Nurses
Labor and delivery nurses are typically responsible for monitoring and assisting during childbirth. If their actions or inactions contribute to a birth injury, they may be held accountable for negligence.
Medical Institutions
The hospital administration or birthing clinic management may be held liable if they had poor policies, substandard procedures, or inadequate staff that contributed to the birth injury. They can also be held vicariously liable for the actions of their employees.
Pharmaceutical Companies
Some birth injuries are linked to a medication prescribed during pregnancy. The pharmaceutical company manufacturing the drug may be held liable for any defects, inadequate testing, or lack of proper warnings.
Medical Device Manufacturers
If a birth injury is related to defective medical devices during childbirth, such as forceps or vacuum extractors, the manufacturers of these devices may be held liable.
Third Parties
Potential third parties during childbirth include contractors or individuals providing services to the healthcare facility, such as maintenance or equipment suppliers. They may be held liable if their negligence contributes to a birth injury.
If your child suffered a birth injury, it is crucial to identify the liable party or parties. An experienced Newport Beach birth injury lawyer can thoroughly examine your case to pinpoint all parties who can be deemed responsible for the injury.
Proving Liability in a Birth Injury Claim
To succeed in a birth injury claim in California, plaintiffs (parents or guardians of the injured child) must prove negligence, and to do this, they must establish these key elements:
Duty of Care
Plaintiffs must establish that a duty of care existed between the healthcare provider (doctor, nurse, or the like) and the mother and baby. This duty exists in a patient-doctor relationship. In childbirth, healthcare professionals owe a duty of care to both the mother and the infant.
Breach of Standard of Care
Plaintiffs must demonstrate that the healthcare provider breached the standard of care. This means the provider’s actions or decisions deviated from what any other reasonably competent healthcare provider in the same specialty would have done in a similar situation.
Causation
It must be proven that the healthcare provider’s breach of the standard of care was a direct cause of the birth injury. In other words, there must be a clear link between the healthcare provider’s negligence and the harm suffered by the baby.
Injury or Damages
Plaintiffs need to demonstrate that the birth injury came with actual harm or losses. This may include medical expenses, rehabilitation costs, ongoing medical care, pain and suffering, emotional distress, and other related losses.
Medical malpractice cases often require expert testimony to establish the standard of care, the breach of that standard, and the causation between the breach and the injury. Qualified medical experts may be called upon to provide their professional opinions.
If the birth injury is related to a lack of informed consent, it may be necessary to show that the healthcare provider failed to adequately inform the parents about the risks and alternatives associated with certain medical interventions or procedures.
Proving liability in a birth injury claim can be complex, and it is crucial to have an experienced Newport Beach birth injury lawyer on your side. An attorney can gather the necessary evidence, consult with medical experts, and build a strong case to establish liability and pursue the compensation you deserve.
Compassionate Advocacy, Relentless Pursuit of Justice
When you entrust your case to Libra Law Firm, you gain a powerful ally in your fight for justice. Our team is led by Sultana Kelantan, a passionate advocate who understands the profound impact of birth injuries on families. We leave no stone unturned in pursuing the compensation you deserve.
While no amount of money can undo a birth injury, a fair settlement or verdict can provide the resources necessary to give your child the best possible quality of life.
Holding Negligent Parties Accountable
We understand that pursuing legal action against a healthcare provider can be daunting, but we at Libra Law Firm are experienced, strategic, and assertive in this area. Our attorneys are well-versed in navigating the complexities of medical malpractice cases, and we leverage our extensive resources to build a compelling case on your behalf. We are not afraid to face even major providers in our fight to get you properly compensated.
Personalized Care and Support
At Libra Law Firm, we treat our clients like family. We understand that dealing with a birth injury is an incredibly challenging and emotional journey, and we’re here to provide the support and guidance you need.
From our initial consultation, we take the time to listen to your story, understand your unique circumstances, and tailor our approach to your specific needs. We’ll explain the legal process in plain language, answer your questions, and keep you informed every step of the way. We’ll handle all the legal complexities, allowing you to focus on your child’s well-being and recovery.
Our team also recognizes the immense financial burden that birth injuries can place on families. That’s why we work on a contingency fee basis, meaning you won’t owe us any legal fees unless we secure compensation for you. Your initial consultation is also free and confidential, allowing you to explore your legal options without any risk or obligation.
Frequently Asked Questions
What qualifies as a birth injury?
Birth injuries refer to harm or damage sustained by a newborn during pregnancy, labor, or delivery. These injuries can range from minor bruising to severe conditions like cerebral palsy, spinal cord damage, Erb’s palsy, and brain damage. Common causes include improper use of birthing tools, failure to monitor the baby’s condition, delayed C-sections, and medication errors.
How do I know if my child’s birth injury was caused by medical negligence?
Determining medical negligence requires a thorough investigation and review of the medical records by experienced birth injury attorneys and medical experts. Generally, if the healthcare provider failed to meet the accepted standard of care, and this failure directly caused harm to your child, it may constitute medical negligence.
What compensation or damages can I recover in a birth injury case?
In a successful birth injury case, you may be entitled to compensation for various damages, including:
- Past and future medical expenses
- Rehabilitation and therapy costs
- Special education and care requirements
- Home modifications and assistive devices
- Pain and suffering
- Loss of future earnings.
The specific damages you may receive will depend on the severity of your child’s injuries and the long-term impact on their quality of life.
How long do I have to file a birth injury lawsuit?
In California, the statute of limitations (time limit) for birth injury lawsuits is generally until the child’s eighth birthday. However, there are exceptions and nuances to this rule, so it’s crucial to consult with an experienced birth injury attorney as soon as possible to protect your rights.
Contact Libra Law Firm, Trusted Birth Injury Lawyers in Newport Beach
If your family has been devastated by a birth injury, know that you don’t have to face this challenge alone. The compassionate and experienced team at Libra Law Firm is here to fight for your rights and ensure that you receive the justice and compensation you deserve. Contact us today at (888) 565-3214 to schedule a free and confidential consultation.
