What to Do If Your Baby Gets Injured at Birth

birth injury lawyer

A child’s birth is one of the happiest and most anticipated days, not only by the immediate family but also by friends and their small community. That this happy occasion can take a nightmarish turn because of medical malpractice or negligence is something that no parent and family should ever have to experience. We are talking about birth injury.

What Is Birth Injury?

Infants are delicate and require gentle, expert care from the moment they leave their mothers’ wombs. The birthing process itself is delicate, however, and a problematic delivery could injure an infant. It can happen when the baby is too big to pass easily through the birth canal. If natural delivery is forced, the child could get injured due to physical pressure. Such injuries are often permanent and could result in the child’s death.

It’s crucial for doctors and attending nurses to be cautious during a delivery. Unfortunately, birth injuries can happen because of negligence or malpractice (i.e., improper use of forceps to assist the infant’s passage through the birth canal, failing to recommend or initiate a Cesarean procedure when there’s clear evidence that it is necessary for both the mother and child).

If your child sustained a life-altering injury at birth due to human error, you could file a compensation claim against the doctors and medical staff responsible for this terrible incident.

Steps In Filing a Birth Injury Lawsuit

When you file a birth injury claim, you must prove that the injury your child sustained is the result of medical malpractice or negligence and not a congenital disability. For this reason, we highly recommend that you talk to our personal injury attorneys the moment you decide to file a birth injury claim. We can guide you on how to go about the following steps:

  1. Gather important information – Like most personal injury lawsuits, a birth injury claim begins with information gathering. Obtain yours and your child’s medical records, as well as your hospital bills. You will need the former to prove the staff’s negligence and the latter to justify the amount you’re asking as compensation.
  2. Build your case – Seek advice from an experienced attorney. If you choose our birth injury lawyers at Haffner Law, for example, we will review your case and determine if there’s enough evidence to sway a claim ruling in your favor. You can count on our assistance in building a strong case, whether you’re after compensation or legal sanctions against the medical personnel who caused your child’s injury.
  3. File your claim – The advantage of having an attorney by your side from Step 1 is you’re sure that you’re on the right track. California’s statute of limitations states that medical malpractice claims against minors six years and younger (including birth injuries) is three years from the delivery date or before your child’s eighth birthday, whichever is greater. Haffner Law will help you file on time and following the state’s requirements.
  4. Motion for settlement or trial – We may work towards a settlement outside of court if that’s your wish; however, if both parties cannot reach an agreement, a trial date will be set.

Haffner Law will be with you in every step of this process. Moreover, we will aim for the best possible outcome and secure the settlement you deserve.

Anyone seeking a personal injury or a birth injury lawyer in Southern California,  contact Haffner Law for a free consultation.

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When is a Birth Injury the Basis for a Medical Malpractice Case?

birth injury lawyer los angeles

According to a recent report, the United States is the most dangerous developed country where you can give birth. Statistics indicate over 50,000 mothers suffer significant injuries while or after they’ve giving birth and approximately 700 mothers die. The report also claims that health care providers in the country have a disturbing lack of attention regarding safety recommendations and protection for new mothers.

But how do you differentiate a birth injury due to natural complications from one that’s the result of a preventable medical error?

Characteristics of Medical Malpractice

Attorneys specializing in wrongful deaths and birth injuries determine the viability of a medical malpractice case by determining if it meets the following characteristics:

  • There must be a violation of standard care procedures. Medical professionals must abide by legally acknowledged and professionally accepted treatments, also known as the standard of care. As a patient, your loved one has the right to receive this level of treatment consistently from their medical providers. Determining if this standard was upheld is the first step to establishing the presence of medical malpractice.
  • Negligence should have led to an injury. Valid medical malpractice claims should also prove that there was negligence as well as the violation of standard care led to an injury that wouldn’t have happened otherwise. A negative outcome of the procedure isn’t enough justification for malpractice. It must be proven that negligence caused damage.
  • There must be significant damages. Because of the time-consuming and expensive nature of medical malpractice cases, the injury inflicted by the medical professional’s violation of standard care and negligence should be suitably significant. This usually means that the injury led to a considerable loss of income, inordinate levels of pain and suffering, disability, or death.

Once these characteristics have been established, your medical malpractice claim is viable and can proceed to court.

Common Birth Related Medical Mistakes

The following are the most common types of medical mistakes associated with birth complications and injuries.

  • Misdiagnosis: This refers to instances when medical professionals fail to accurately diagnose a pregnant woman’s state of health. They could be unaware that someone has a complicated pregnancy, they could misdiagnose underlying medical conditions, or even fail to diagnose that someone is pregnant.
  • Surgical Errors: These are instances when a medical professional commits a mistake during the birthing or afterward. These could include errors that injure the baby and the mother, such as excessive pressure during labor, leaving behind surgical clips inside the mother during C-sections, or improper birthing technique leading to injured limbs.
  • Medication Errors: Aside from prescribing improper medication or making an error on the correct dosage, these mistakes include anesthesia-related incidents, which may be fatal to the mother.
  • Nursing Errors: These errors cover a lot of incidents, from causing infection to causing injuries from mishandling equipment. However, this also includes documentation errors, like misfiled paperwork that could lead to injuries or even death.

Births should be celebrations of life, not occasions of misery. With the right legal representation, you can receive justice for any loss of life or injury from medical mishaps during childbirth.

We Fight for You

Haffner Lawyers offers the services of our experienced team of trial attorneys to help you receive the full compensation you deserve. Whether you’re seeking reparations from an auto accident or medical malpractice, we’re on your side.

Read about our notable cases today to see what we can do for you

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