If your baby sustained a birth injury due to a doctor’s negligence, contact the Bakersfield personal injury attorneys of Jurewitz Law Group Injury & Accident Lawyers immediately. We understand how devastating it can be to see your baby suffer at the hands of someone you trust. You believed your medical team would provide the quality care you and your baby need. However, someone’s error caused complications for your baby during pregnancy or birth. You might be entitled to compensation for the expenses you incur.
Birth injuries often occur due to a healthcare professional’s intentional or careless actions. Whether your doctor ignores the signs of fetal distress or prescribes the wrong dose of medication, your baby could get hurt before they’re even born. The long-term consequences can be devastating for you and your child. Many birth injuries cause permanent damage and lifelong disabilities.
Someone else is responsible for harming your child, and they should be financially responsible for what they’ve done. At Jurewitz Law Group Injury & Accident Lawyers, we understand how overwhelming it is to find adequate medical care for your baby while handling a medical malpractice claim. You shouldn’t have to face the challenges of pursuing legal action alone, and you don’t have to take on that responsibility. We will take care of every legal aspect of your case so you can focus on your child’s health and future.
For a free consultation with one of our birth injury attorneys in Bakersfield, CA, call Jurewitz Law Group Injury & Accident Lawyers at (619) 233-5020 today.
Common Types of Birth Injuries
A range of circumstances can cause a baby’s injury, and they vary in severity. Some injuries cause temporary issues and heal entirely with proper treatment. Others are permanent and lead to the child’s physical or mental impairments.
The most common types of birth injuries include:
- Blood vessel damage
- Oxygen deprivation
- Injuries from a breech birth
- Bone fractures
- Cerebral palsy
- Erb’s palsy
- Brain damage
- Shoulder dystocia
- Spina bifida
- Placental abruption
- Cystic fibrosis
- Spinal cord injuries
- Facial paralysis
If your baby suffers from any of these or another type of birth injury, do not hesitate to contact Jurewitz Law Group Injury & Accident Lawyers. We can review your case and determine whether we can represent you against the negligent doctor.
Common Signs of Birth Injuries
You can notice some injuries right after childbirth. The signs are obvious and point to a serious problem. However, some symptoms don’t appear until days or even years later. Early warning signs of birth injuries you should watch for include:
- Broken bones
- A pale or blue appearance
- Difficulty breathing
- Sensitivity to light
- Trouble eating or swallowing
- Head bulge
- Excessive drooling
Various birth injuries aren’t apparent until a child seems to fall behind in development. They might reach a certain age and be unable to perform basic functions, such as talking, walking, or grasping objects.
Common warning signs of a birth injury later in a child’s life might include:
- Trouble with speech
- Doesn’t smile or laugh
- Inability to solve simple problems
- Difficulty walking
- Can’t swallow or eat
- Hearing or vision problems
- Balance or coordination issues
- Underdeveloped or undeveloped motor skills
- Poor reflexes
- Inadequate weight gain or growth
As the parent, you must advocate for your child when you notice that something is wrong. You should bring your baby to the doctor if they exhibit any unusual symptoms. With proper diagnosis and treatment, you could manage the condition and prevent complications down the road.
Common Causes of Birth Injuries
Doctors must meet a high standard of care during pregnancy and delivery. It’s critical for the medical team to address any concerns and actively look for and detect potential issues. They should discuss your risk factors with you and determine whether one specific birth plan is better than another.
Medical errors happen. The nurse, ultrasound technician, or another medical provider could make a mistake while caring for you and your baby. Their negligence can put your baby in danger and lead to an injury or death.
Every piece of medical equipment, tool, and device must be sterile before doctors use them on their patients. Mishandling devices can lead to contamination by bacteria. Infections could form from the bacteria and travel throughout the body, causing life-threatening complications.
The most common causes of birth injuries include:
- Lack of prenatal care
- Delayed decision to perform a necessary Cesarean section
- Failure to identify a high-risk delivery and create a plan for delivering the baby safely
- Complications from mishandling a premature delivery
- Failure to monitor the mother and baby during pregnancy
- Pulling or twisting the baby the wrong way during delivery
- Unnecessarily using vacuum extraction or forceps
- Failure to detect maternal or fetal distress
- Misdiagnosing or failing to diagnose medical conditions that affect the baby’s health
- Medication errors
- Misusing labor-inducing drugs
- Improper sterilization procedures
Jurewitz Law Group Injury & Accident Lawyers have been representing the families of injured babies for over a decade. We know how to investigate these incidents and obtain valuable evidence to prove fault. Our Bakersfield birth injury attorneys are ready to help you in the fight for justice.
Birth Injuries from Defective Medical Devices
Doctors aren’t the only people that can be responsible for causing a birth injury. The medical devices and tools healthcare professionals use could contain defects. Medical devices can malfunction and cause injuries when they don’t work properly. If your medical team was unaware of the issues with the equipment they used, the manufacturer could be liable for your child’s injury.
Medical devices doctors commonly use while delivering babies include:
- Masks, gloves, and other protective equipment
- Extraction devices
Defects often happen while the manufacturer designs, assembles, or markets a product. Common manufacturer errors that can result in defective medical devices include:
- Using a poor design
- Incorrectly assembling the equipment
- Marketing the product as safe when research has shown existing dangers
- Installing a part on a tool in the wrong place
- Using toxic materials while constructing the device
- Supplying a tool without including adequate warning labels
All devices doctors use for childbirth should come with warning labels and instructions. The medical provider’s job is to warn patients of any risks they could face if a particular tool or piece of equipment is used. You could hold your doctor accountable for your baby’s injury if they knowingly used a defective medical device. However, the manufacturer could be at fault if the doctor didn’t know about the issues.
Compensation for Birth Injuries
The amount of money you demand from the insurance company during a claim will depend on the circumstances of your case. Medical malpractice can be challenging to prove. You need sufficient evidence to show that the doctor’s mistake caused your baby’s injury.
Once you determine who was at fault, you can file a claim with the negligent healthcare professional’s insurance company and pursue a settlement to cover accident-related losses, such as:
- Physical impairment or disfigurement
- Medical expenses
- Emotional distress
- Loss of enjoyment of life
- Pain and suffering
- Lost wages
- Lost earning capacity
You might also be entitled to exemplary damages. However, this type of compensation isn’t available in an insurance claim. You must file a lawsuit against the at-fault party and show clear and convincing evidence of the defendant’s fraud, malice, or oppression.
It’s heart-wrenching when a baby dies due to a medical provider’s negligent actions. You could pursue legal action in a wrongful death case if your baby sustained a fatal birth injury. The compensation you recover might compensate you for losses, such as:
- Funeral and burial expenses
- Emotional distress experienced by the surviving parents
- Medical bills related to the fatal injury
- Loss of love and companionship the child can no longer provide to surviving parents
Jurewitz Law Group Injury & Accident Lawyers will calculate the monetary value of your case and seek the maximum compensation possible. You should not face the financial burden of paying for medical bills and other expenses when someone else is responsible for the birth injury. We will do whatever it takes to try to resolve your case favorably.
Statute of Limitations for Birth Injuries
California has a statute of limitations period for birth injuries. You have three years from the date of your baby’s injury to file your lawsuit. However, if you don’t realize that medical malpractice occurred until after the statutory deadline expires, you must file suit within one year from the date you discovered or should have reasonably discovered the injury.
Since 2007, Jurewitz Law Group Injury & Accident Lawyers have fought on behalf of parents dealing with their baby’s injuries. We understand the devastation of learning about the medical error that harmed your child. You will not have to face the negligent party alone. We will remain by your side until the end.
We know the toll a birth injury can take on someone’s finances. When you’re taking your baby to the doctor for treatment, you might not have the funds to hire a lawyer to pursue legal action. We don’t want to burden you with additional expenses. That’s why we take cases on contingency. You don’t have to pay us unless we secure compensation for you.
If a medical provider’s or some other party’s negligence caused your baby’s injury during pregnancy or delivery, call Jurewitz Law Group Injury & Accident Lawyers at (619) 233-5020 right now for your free consultation. One of our dedicated and experienced Bakersfield birth injury attorneys will be happy to discuss the incident and advise how we can help. We’re available 24/7 to speak with you so you can reach us when you need us the most.