Birth Injury Lawyers in Los Angeles - Professional Legal Services

Birth Injury in Los Angeles

Updated on Wednesday 14th September 2022

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birth injury in Los Angeles is considered a medical malpractice case. The child can suffer an injury during birth or the mother can be harmed during birth and even during pregnancy. Nothing can be more unpleasant than an unfortunate event which shadows the great joy of becoming a parent. 
If you are a mother and you and your child have been harmed by a medical practitioner, you should know that you can seek legal advice and help from our birth injury lawyers in Los Angeles.

 Quick Facts  
Types of birth injury to the newborn

- bruising;

- brachial palsy (weakness or paralysis in parts of the arm);

- caput succedaneum (localized swelling or edema);

- cephalohematoma (blood accumulation under the scalp);

- fractures;

- cerebral palsy (permanent disorder affecting movement and posture);

- wrongful death

Birth injuries to the mother 

 - pelvic floor injuries (such as muscle damage);

- perineal area injuries (tears, nerve damage, etc.);

- ruptured or prolapsed uterus;

- post-partum haemorrhage

Medical malpractice (Yes/No) 

Yes, injuries can be caused by medical malpractice 
Who files the claim 

Your lawyer can file the case in court 

 When to file the claim

As quickly as possible after determining the suffered injuries 

Legal elements of negligence 

- professional duty of care owed to the patient;

- breach of such duty of care;

- cause in fact;

- proximate cause;

- damages

Evidence to support the claim 

Medical reports as well as from ongoing treatments related to the birth injury 

Compensatory damages 

- medical expenses;

- special education or treatment for a child with permanent, debilitating damages 

Non-economic damages 

- pain and suffering;

- emotional distress 

Settlement possibility (Yes/No)  Yes 
Court proceedings duration  Approx. 12 to 14 months 
Statute of limitations  2 years 
 Comparative negligence Yes 
Compensation amount (approx.)  Depending on the severity of the injury. Cerebral palsy cases can have a settlement amount of more than 500,000 USD. 
Expected estimated time to settlement   Approximately 6 weeks, depending on the complexity of the case


Cases presented by our birth injury lawyers in Los Angeles

birth trauma or injury usually refers to the damage brought to the newborn as a result of physical trauma or pressure during childbirth. It can also refer to long term damage which can be inflicted upon the brain or skull. Some doctors will distinguish between birth trauma and birth injuries, the latter referring to systemic damages (for example infection factors during birth), while trauma is referred to as mechanical damage.
The doctor that assisted you during childbirth can be held responsible, if he or she quickened the delivery, prolonged the delivery or used instruments like forceps thus causing injuries to the infant.
Our birth injury lawyers in Los Angeles can assist in various types of personal injuries, including medical malpractice and birth injuries in California. You can request the help of our lawyers, if you want to file a lawsuit for a birth injury in California.
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Types of birth injuries in California

Our birth injury lawyers in Los Angeles have come across many birth injury cases during the last years and they have gain experience by representing parents whose children have suffered various types of injuries. The most common they have dealt with are:
  • chemical birth injuries: included here are cleft lip, leukemia, under-developed limbs, deformed limbs, organs that are not fully developed;
  • brain and spinal cord injuries: neonatal spinal cord injury is usually a rate complication that can occur as a result of a difficult delivery; the newborn can exhibit decreased movement, loss of reflexes, no response to painful stimulus and others;
  • shoulder dystocia: when one or both of the shoulders of the newborn is stuck behind the mother’s sacrum during delivery;
  • microcephaly: a condition in which the newborn’s head is much smaller than normal; this can take place because the brain was not properly developed during pregnancy; our Los Angeles birth injury attorney can provide you with details on your options in this case;
  • other labor and delivery injuries: bruising or broken bones, subconjunctival hemorrhage, swelling of the scalp’s soft tissues for the baby and pelvic floor damage to the mother, among others.
Even if it is painful for a child to suffer, it is even more painful for the parents to see their kid in pain, which is why legal assistance from our birth injury attorney in Los Angelesis advisable if you are involved in such case. It should be known that many of the birth injuries in California mentioned above, even if minor, can harm the quality of life of a child, therefore compensation must be requested.
Our Los Angeles birth injury lawyer can assist you by reviewing the case, by verifying the type of birth injury sustained and who must be held accountable for the damage caused. After these elements are put together we can build a case and ask for the right compensation.
We invite you to watch this video presented by our Los Angeles birth injury lawyer

Negligence in birth injury cases in California

The goal in any birth injury case is to determine if the medical practitioner was negligent when performing the procedures needed during childbirth or when prescribing treatments during pregnancy. Our Los Angeles birth injury lawyer can establish the degree of negligence when the injuries were caused by the physician, the nurses or other members of the medical staff or even by defective products or dangerous medicines.
When determining negligence, there are four important issues to discuss:
  1. Duty of care: the defendant was bound by a duty towards the plaintiff (the patient) in that particular circumstance;
  2. Breach of duty: failure to observe the aforementioned duty of care when the doctor acted in an unprofessional manner or in another way;
  3. Causation: the said unprofessional or negligent acts are the ones that ultimately cause the plaintiff’s injury (in this case, the baby’s injury); our birth injury in Los Angeles can give you more details about proving this;
  4. Damages: the injury is directly linked to the actions of the defendant; in other words, if the said actions would not have taken place, neither would have the injury.
Medical malpractice cases are a type of personal injury for which the duty of care under law is clear. These can lso include birth injuries, based on their cause.
The doctor’s primary role is to provide the patient with good medical case, also relevant under the Hippocratic Oath.
The breach of duty needs to be shown in order to have a strong personal injury case. This means that the role of the Los Angeles birth injury attorney from our team who is handling your case will be to prove that the defendant was able to prevent this unfortunate injury, provided that he or she would have acted differently.
The causation in this case is also proven by the medical records issued right after birth and any other subsequent documents showing the inflicted injury.
It is also useful to note that California has a comparative negligence system, meaning that the defendant can claim that the plaintiff was also at fault for the injury. If this is the case, then the compensation claimed by the plaintiff will be reduced by the percentage of fault, if he or she is also found guilty for the injury. 

Compensations for birth injuries

The types of compensations for birth injury cases include payments for the medical expenses needed for therapy, surgery or the long-term care of the affected baby and/or mother. It is important to calculate these costs as accurately as possible, even if some of them will need to be adjusted as you or your child actually undergo the therapy. Your treating physician or another appointed physician (other than the one who is accused or negligence) will make another evaluation to determine the severity of the injuries.
While your baby receives proper treatment for the birth injuries our birth injury lawyers in Los Angeles will periodically check with you to determine the value of the treatment. This will help us estimate the settlement amount.
It is essential to include all present and future costs in order to make sure that you receive proper compensation. What’s more, an expert examination is required for more complicated cases, such as those involving infant brain damage which, unfortunately, can have lifelong effects on your child as he or she develops. One of these cases in cerebral palsy, caused by a lack of oxygen to the brain and, sadly, one of the common types of birth injuries.
With the help of our birth injury lawyers in Los Angeles, you will be able to bring your case to court and obtain a rightful compensation.

The statute of limitation in a birth injury case

Even if the law has set a 3-year limit for birth injury cases in California, you should know that the soonest you file a petition with the court the better. In case the injury implies a foreign object left into a child during a surgery, the limitation statute is 3 years from the discovery of that object.
The statute of limitation also depends on who files for a lawsuit and whether a public or a private hospital is involved. In the case of public hospitals, the mother has 6 months to file a lawsuit against the institution.
No matter the case or the type of hospital involved, it should be noted that requesting legal aid from our Los Angeles birth injury attorney as soon as possible can make a difference in winning the case.
According to data provided by the CDC, birth defects occur in every 33 babies or in approximately 3% of all babies born in the United States each year. Our birth injury lawyers in Los Angeles, also present the following data:
  • 20% of all infant deaths are caused by birth defects;
  • Spina bifida is one of the most common spine defect, with 1 in every 2,758 births;
  • Cleft palate occurs in 1 in every 1,687 births;
  • Heart defects, such as the atrioventricular septal defect affects approximately 2,118 babies (1 in every 1,859 births).
As a parent, you will always want to ensure the safety and wellbeing of your child, the second he or she enters this world.
Discussing any suspected birth injury or defects with your physician is normal. However, if you feel that you and your newborn baby have been treated unfairly or exposed to irregular treatment, we can help you claim compensations.
Contact our birth injury attorney in Los Angeles if you want to know more about birth injury cases.
We can also help you in other personal injury cases because we have different teams of lawyers: