Orange County Birth Injury Lawyer

Orange County Birth Injury LawyerAlthough most births in the United States, whether in hospitals or homes, occur without complications, birth defects and injuries can still happen due to various factors. According to some sources, approximately 27 out of every 1,000 births result in a birth injury. While some of these injuries are unavoidable, many are caused by medical mistakes or negligence, such as the failure of doctors or nurses to take appropriate action to prevent harm. Birth injuries can arise at any stage of the delivery process and, in some cases, can even be traced back to the pregnancy.

If you suspect that your baby has suffered a birth injury due to medical mistakes or negligence, consulting with an Orange County personal injury attorney can help you understand your rights and legal options. You may be entitled to seek compensation for medical expenses, pain, and suffering. For children who have sustained serious and permanent disabilities due to birth injuries, lifetime compensation may also be available. Contact our experienced Orange County birth injury attorneys today to learn more about how we can assist you.

Understanding Birth Injuries

A birth injury, a form of medical malpractice, occurs when a healthcare professional fails to exercise reasonable and prudent medical judgment, leading to a deviation from accepted medical standards and resulting in harm to a patient. Medical negligence is a significant factor behind many birth injuries in the United States each year.

Common Causes of Birth Injuries

In some instances, birth injuries can be linked to medical negligence that occurred during pregnancy. For example, the failure to diagnose and properly manage maternal or fetal health conditions or complications can significantly increase the risk of birth injury. Physicians are responsible for addressing prenatal issues such as:

  • Rh incompatibility
  • Maternal diseases or infections
  • Maternal diabetes
  • Maternal hypertension
  • Abnormal fetal growth or development
  • Cephalopelvic disproportion

However, most birth injuries take place during the labor and delivery process. Factors such as shoulder dystocia, premature birth, prolonged labor, large newborn size, irregular birth presentation, difficult labor, and umbilical cord problems can all elevate the risk of birth injuries. Injuries during delivery can result from excessive force, improper use of medical interventions, unnecessary surgery, failure to follow standard protocols, improper intubation, delayed C-sections, and other hospital errors.

Types of Birth Injuries

Various types of birth injuries can arise due to complications or medical errors during pregnancy, childbirth, or the immediate neonatal period. These injuries can range from mild and temporary to more severe, with long-lasting or even permanent effects. Below, you’ll find information on some of the most common types of birth injuries.

  • Brain damage: There are various brain-related injuries that an infant can sustain. In many cases, brain injuries lead to oxygen deprivation for a child (anoxia, hypoxia, birth asphyxia, perinatal asphyxia). Hypoxic-ischemic encephalopathy (HIE) is a birth injury that results from oxygen deprivation. When a child’s brain is deprived of oxygen, the brain will not be able to receive proper nutrients. This can lead to substantial short- and long-term disabilities for a child that necessitate permanent in-home medical care.
  • Erb’s palsy and other nerve injuries: Erb’s palsy is a common birth injury that leads to paralysis in the arm or hand of a child. This injury is caused when the brachial plexus nerves of a child are stretched or damaged during the childbirth process. In many cases, these injuries occur when a baby becomes stuck during delivery or when a doctor uses excessive force.
  • Facial paralysis: often temporary, is often caused by medical mistakes during delivery.
  • Cerebral palsy: The most common brain injury related to birth trauma is cerebral palsy. Cerebral palsy affects approximately 8,000 to 10,000 children each year across the country and can develop in a number of ways, including due to mistakes made by medical professionals. CP is a neurological disorder that can impair a person’s body movements and leave a child permanently disabled. Often, children with cerebral palsy are unable to control their legs or arms, will have speech issues, and require mobility assistance.
  • Fractures: caused by forceful or excessive birthing techniques
  • Caput succedaneum: Caput succedaneum is an injury to the baby’s head in which forceful delivery techniques cause severe swelling and bruising of the baby’s head. Fortunately, this birth injury is often temporary, though such excessive use of force during delivery can cause much more serious injuries, including brain damage.
  • Cephalohematoma: Like caput succedaneum, cephalohematoma is a birth injury that affects the baby’s head. This birth injury involves irregular bleeding beneath the cranial bones in the head. When bleeding is severe, this birth injury can lead to jaundice, which can have serious consequences.
  • Kernicterus: a form of devastating brain damage caused by excessive jaundice as a result of too much bilirubin in a baby’s bloodstream, due to a baby’s liver’s inability to excrete excessive bilirubin.  In cases of extremely high levels of bilirubin, the substance can move out of the blood and collect into the brain tissue leading to serious neurological complications.  Kernicterus usually develops within the first week of a newborn’s life, but may not be noticeable until a few weeks later.

What Is the Time Limit for Filing a Birth Injury Lawsuit?

Birth injury cases fall under the same legal framework as medical malpractice claims. According to California’s statute of limitations for medical malpractice, these cases must be filed within one year of discovering the injury or within three years from the date the injury occurred, whichever comes first.

For children under 18, the statute of limitations differs slightly. The child’s legal guardians or parents must file a medical malpractice claim within three years of the injury. However, if the injured child is under the age of six, the lawsuit must be filed within that three-year period or before the child turns eight, whichever provides more time.

What Type of Compensation is Available in These Cases?

If a child sustains a birth injury that was caused by the careless or negligent actions of a medical professional, there may be various types of compensation available for the claim. While no two birth injury cases are exactly the same, the team at Aitken * Aitken * Cohn is regularly able to help families recover the following:

  • The cost of all emergency medical care related to the birth injury
  • Compensation for short- or long-term care the child needs
  • Compensation for any mobility aids such as wheelchairs, braces, walker, etc.
  • Lost income if a parent cannot work while caring for their child
  • Loss of enjoyment of life damages for the child
  • Pain and suffering damages
  • Possible punitive damages in cases of gross negligence on the part of the medical provider

Contact an Orange County Birth Injury Attorney

When a birth injury results in significant or long-term harm to a child or mother, the family may have the legal right to pursue compensation for medical expenses, financial losses, and pain and suffering. To understand your legal rights and options, reach out to the experienced and compassionate Orange County medical malpractice attorneys at Aitken * Aitken * Cohn to learn more. We offer a free and confidential case evaluation to help you determine the best course of action with a full understanding of your options.