Can You File a Claim If Something Goes Wrong During Surgery?

Yes, you can file a claim if something goes wrong during surgery. However, the error must come from your medical professional and cause you direct harm. It must be proven that your provider owed you a standard of care and breached that care. If they acted in a way that the average professional would not have done in a similar situation, you could file a claim.

What Is the Average Settlement for a Medical Malpractice Claim in California?

The average settlement for a medical malpractice claim in California was $317,447 in 2024, according to one source. However, payout amounts vary widely based on the specifics of the case, such as the extent of your injuries, the need for recovery, medical bills, and the long-term effects it can have on the patient’s life.

What Are the Consequences of Surgical Errors?

The consequences of surgical errors are physical, financial, and emotional. These can include: The need for additional surgeries Infections Pain and suffering Emotional and psychological damage Disability In extreme cases, it can also result in death. In some cases, lifelong care may be needed, which can put a financial and emotional strain on the patient and their family.

What Are the Four Things That Must Be Proven to Win a Medical Malpractice Claim?

The four things that must be proven to win a medical malpractice claim include: Duty. You must show that the professional owed you a standard of care. Breach. They violated that care. Causation. Their breach caused you harm. Damages. You suffered measurable damages. All four of these must be proven to have a strong claim.

Birth Injury Compensation in California: What Families Should Know 2025

Few things in life are as exciting as growing your family. Unfortunately, this joyous occasion can easily become tainted when the negligence of medical professionals leads to injury to the parent or their child. If you are trying to pursue birth injury compensation in California, hiring a birth injury lawyer may be exactly what your case needs to succeed.

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An Overview of Birth Injury Compensation in California

Getting birth injury compensation in California can be an incredibly complex and overwhelming pursuit, but your case’s outcome can make it all feel worthwhile. This may be especially true with the help of a skilled and compassionate birth injury lawyer, who can help you sort out your case and present it on your behalf. However, before you take the first steps, you may benefit from learning more about birth injury law in the state of California.

Approximately 7 out of every 1,000 births result in birth injuries, many of which could have been prevented and avoided. Of these injuries, roughly 80% are considered moderate to severe.

For most of history, birthing fatalities were a commonplace occurrence, but with all the knowledge and resources we have now, it has decreased over time. According to the California Department of Public Health, the mortality rate of pregnancy-related cases was upwards of 21.6 in 2021.

What Is a Birth Injury Claim in California?

In the state of California, birth injury cases are considered a variety of medical malpractice claims, which are then filed against the healthcare providers, whose alleged negligence may have resulted in injury to the mother or baby. This can occur at any point during the pregnancy, including prenatal care, labor, and delivery.

Who May Be Held Liable in a Birth Injury Case in California?

It is common for multiple medical professionals to be involved in the birthing process, which means that, should you or your baby suffer a birth injury, they could all be held responsible. Here are some examples of the various people you may choose to file a claim against:

-Doctors. Obstetricians, anesthesiologists, and any other relevant medical professionals have a standard of care that they must abide by, so if they fail to do so, their negligence can lead to birth injuries, giving you the right to take legal action against them.
-Hospitals and clinics. Whether they participated in negligent hiring, poor supervision, or are vicariously liable for their employees’ actions, hospitals and clinics may be liable for any birth injury you may have suffered related to their negligence.
-Nurses and other staff. If a nurse or any other medical staff member played a direct role in your birth injury, you have the legal right to file a medical malpractice claim against them.

What Are Some Examples of Negligence in Birth Injury Cases?

There are a variety of negligent acts that may lead to birth injuries, including the following:

-The failure to diagnose or properly manage umbilical cord complications or infections
-The mismanagement of prolonged labor
-The pointless delaying of a necessary C-section
-The inadequate provision of prenatal care
-The failure to identify high-risk pregnancies
-The incorrect usage of delivery tools, such as vacuums or forceps

Why Should I Hire a Birth Injury Lawyer in California?

There are many reasons that you may want to hire a birth injury lawyer. One of the biggest is that you can avoid the confusion and stress that often accompany such endeavors. Instead of stumbling about in the dark, you can trust your lawyer to guide you through every step, offering insight and help as needed, and serving as a representative of your desired outcomes, giving you the freedom to focus on what matters most: your family and your health.

Why Should I Choose Kenneth M. Sigelman & Associates to Represent Me?

Compassion and need-specific care are two of our main priorities at Kenneth M. Sigelman & Associates, and we do everything we can to implement them in every case we take on. Our clients matter to us, and we firmly believe in working hard to help them achieve their desired outcomes, as well as the justice they deserve.

FAQs

How Much Compensation Can I Get With My Birth Injury Case in California?

In California, each birth injury case is unique, and the amount of compensation you are able to receive for your injury often tends to mirror this fact. Some of the influential factors include the severity of your injury and the impact that this injury has had on your life as a whole. This may be shown in your overall health, your ability to work, your enjoyment of life, and the financial strain you may have suffered post-injury.

What Kind of Evidence Should I Present in My Birth Injury Case in California?

Evidence of a birth injury can take many forms, including photographs, witness testimonials, and personal accounts, but one of the most impactful kinds of evidence you may want to pursue is the input of a different, qualified medical professional. This not only produces documentation of your subsequent health struggles but also gives your case more credibility. Your birth injury lawyer can help you obtain and present this testimony in a way that shows the severity of your case.

How Long Will My Birth Injury Case Take to Resolve in California?

Much like childbirth itself, birth injury cases are unique and tend to follow their own timelines. Some of the consistent variables that may impact the amount of time your case requires include the availability of all other parties involved and, if relevant, the schedule of your local courthouse.

Hiring a birth injury lawyer can help you avoid unnecessary and unwanted setbacks and missteps, promoting progress and keeping your case moving along toward your desired outcomes and well-deserved compensation.

Is It Worthwhile to Hire a Birth Injury Lawyer in California?

While each case is unique, many individuals have found that hiring a birth injury lawyer to represent their case influenced the success of their case’s outcome. In addition to this, one of the main benefits of hiring a birth injury lawyer is that they can handle your case on your behalf, allowing you to focus on what matters most: your family and your health.

Get More Information Today

Expanding your family is supposed to be an exciting and joyous time in your life, but birth injuries can lead to a whole host of subsequent issues. Fortunately, with the help of a birth injury lawyer, you can pursue justice and compensation. Contact Kenneth M. Sigelman & Associates today to schedule a consultation and see how we can help.

Birth Injury Compensation in California: What Families Should Know