Birth injuries are among the most devastating experiences a family can endure. When a joyful occasion turns into a nightmare due to medical negligence, families are left grappling with emotional, financial, and physical challenges. Understanding your legal options in such situations is critical to ensuring justice, accountability, and financial stability for your child’s future. Below, we will explore the types of birth injuries, how medical malpractice is determined, and the legal pathways available to families in California seeking redress.
What Are Birth Injuries?
Birth injuries refer to physical harm or trauma suffered by an infant or mother during the labor and delivery process. These injuries can range from minor and temporary conditions to severe and permanent disabilities. Common birth injuries include:
- Cerebral Palsy: Often caused by oxygen deprivation during birth, cerebral palsy affects motor skills, muscle tone, and posture.
- Brachial Plexus Injuries: These injuries occur when nerves in the neck and shoulder are damaged, potentially leading to Erb’s palsy.
- Brain Damage: Prolonged lack of oxygen (hypoxia) or other traumas can result in severe cognitive and developmental impairments.
- Fractures: The clavicle is the most commonly fractured bone during delivery.
- Cephalohematoma: This is a collection of blood beneath a newborn’s skull, which can increase the risk of other complications such as jaundice.
While not every birth injury results from negligence, many are preventable and occur due to errors in judgment or improper medical procedures.
What Constitutes Medical Malpractice in Birth Injury Cases?
To establish medical malpractice, families must prove that the healthcare provider’s negligence directly caused the injury. Negligence occurs when a medical professional fails to meet the accepted standard of care. Examples of negligent actions leading to birth injuries include:
- Failing to monitor fetal distress signs.
- Delaying a necessary cesarean section.
- Improper use of delivery tools like forceps or vacuum extractors.
- Administering incorrect medication or dosages.
- Mismanagement of prenatal care, such as failing to identify high-risk conditions.
Proving negligence often requires expert testimony and a detailed review of medical records, making it essential to work with experienced attorneys who understand the complexities of medical malpractice cases.
Legal Options for Families in California
California offers several legal avenues for families seeking justice for birth injuries. Understanding these options can empower you to take action effectively.
Filing a Medical Malpractice Lawsuit
A medical malpractice lawsuit is the most direct way to seek compensation for birth injuries. In California, these lawsuits typically involve:
- Statute of Limitations: Families must file a lawsuit within three years of the injury or within one year of discovering it. For minors, the timeline extends until their eighth birthday, but acting promptly is crucial to preserve evidence.
- Caps on Non-Economic Damages: Under California law, non-economic damages, such as pain and suffering, are capped at $430,000 in 2025.
- Economic Damages: There is no cap on economic damages, which can include medical expenses, future care costs, and lost earning potential.
Pursuing a Settlement
Many medical malpractice cases are resolved through settlements rather than going to trial. A settlement allows families to receive compensation more quickly and avoid the uncertainty of a courtroom verdict. An experienced attorney can negotiate effectively with insurance companies to ensure you receive a fair settlement.
Filing on Behalf of a Minor
In cases where the injured party is a minor, parents or legal guardians can file a lawsuit on their behalf. Any settlement or award is typically placed in a trust to ensure it is used for the child’s benefit.
Seeking Punitive Damages
In rare cases where the healthcare provider’s actions were grossly negligent or intentionally harmful, families may pursue punitive damages. These damages are intended to punish the wrongdoer and deter similar behavior in the future.
Compensation in Birth Injury Cases
Compensation in a birth injury case can cover various aspects of the child’s and family’s needs, including:
- Medical Expenses: Past and future medical costs, including surgeries, therapy, and assistive devices.
- Rehabilitation: Costs for physical, occupational, and speech therapy.
- Home Modifications: Making the family home accessible for a child with mobility challenges.
- Lost Wages: Compensation for parents who must reduce work hours or leave their jobs to care for their children.
- Pain and Suffering: Compensation for the emotional toll on the family and the child.
Why Legal Representation Matters
Birth injury cases are among the most complex types of medical malpractice lawsuits. They require a deep understanding of both legal and medical issues, access to qualified medical experts, and the ability to build a compelling case. Partnering with an experienced law firm, such as the Law Offices of Michael Oran, APC, ensures that your rights are protected and that you have the best chance of securing the compensation your family needs.
Steps to Take If You Suspect a Birth Injury
If you suspect your child has suffered a birth injury, it is essential to act quickly. Here are the steps you should follow:
- Obtain Medical Records: Secure a complete copy of the medical records related to the pregnancy, labor, and delivery.
- Consult a Specialist: Seek medical evaluations to confirm and understand your child’s condition.
- Contact a Qualified Attorney: Engage a medical malpractice attorney experienced in birth injury cases to evaluate your claim.
- Avoid Direct Contact With Insurers: Insurance companies may attempt to minimize payouts; let your attorney handle all communications.
Get the Legal Help Your Baby Deserves
No family should have to endure the heartbreak and financial burden of a preventable birth injury. While legal action cannot undo the harm, it can provide the resources necessary to care for your child and hold negligent parties accountable. If you believe your family has been affected by a birth injury due to medical negligence, the Law Offices of Michael Oran, APC, is here to help. Contact us today for a compassionate and thorough evaluation of your case.
