Birth Injury Due to Medical Malpractice
There is nothing more traumatic than your newborn baby suffering a birth injury. The San Diego personal injury attorneys at the Jurewitz Law Group Injury & Accident Lawyers understand this and will get you the medical coverage you need if it was a fault of medical malpractice. Your child’s birth should be the happiest day of your life. However‚ when overworked nurses‚ technicians‚ and doctors are inattentive and overlook common medical practices‚ complications may arise during the baby’s birth that can lead to injuries. Sadly‚ this happens more often than one might think.
Most Common Causes of Birth Injuries
- Baby’s size
- Cephalopelvic disproportion – mother’s pelvis size and shape
- Fetal distress
- Breech birth
- Shoulder dystocia – difficult child birth
- Cerebral palsy – brain and nerve disorger
- Improper use of medical equipment
Additional injuries can occur as a result of poor care delivered after birth‚ including a circumcision or infection.
There are many more causes of birth injuries that occur when there is a lack of communication‚ understanding‚ and care displayed by medical professionals.
Birth injuries are typically a direct result of medical negligence.
How Does this Happen?
In most cases‚ it is not the mother’s fault. When a doctor acts in a negligent manner‚ and does not run standard tests that screen for preventable complications‚ it makes the baby more susceptible to injury. As a result‚ they may miss something important and fail to diagnose or treat birth complications that may affect a baby’s development. This can lead to life-long problems‚ both mental and physical‚ for the mother and baby.
Do I Have a San Diego Birth Injury Case?
Under California law‚ to make a claim‚ you must prove three things.
- There was negligence by one or more healthcare providers involving the baby’s care.
- This negligence was the cause of the birth injury or death.
- There are damages (medical costs‚ long-term effects‚ etc.) that are a result of this negligence.
To find out if there was negligence involved in your child’s birth‚ you must look at the medical records. This can be difficult to understand. Most attorneys hire trained physicians to review these records and offer their opinion on if there was medical malpractice.
How Much Can I Recover?
There are two types of damages that you can sue for‚ non-economic and economic. Non-economic damages include pain and suffering‚ emotional distress‚ etc. California law caps this at $250‚000. Economic damages include loss of earnings and medical expenses. There is no limit to this amount and is dependent on your claim.
Contact a Birth Injury Lawyer in San Diego at the Jurewitz Law Group Injury & Accident Lawyers
If your child suffered a serious injury or lifetime disability due to a mistake before‚ during or after delivery‚ contact a birth injury attorney right away. There is nothing more traumatic than your newborn baby suffering a birth injury. The San Diego birth injury lawyers at the Jurewitz Law Group Injury & Accident Lawyers understand this and will work hard to help the injured infant and parents cope with the costs and challenges of care‚ therapy‚ and accommodations for your child’s disability. Call us at (619) 233-5020 or (888) 233-5020 to set up a free consultation.