Carlsbad
Birth Injury Lawyer

Carlsbad Birth Injury Attorney

The birth of a child should be a cause for celebration, but the unfortunate reality is that thousands of birth injuries occur in the United States due to the negligence and improper technique of the medical professionals responsible for handling these procedures. It’s possible for a birth injury claim to pertain to harm to a newborn baby, their mother, or both, and it’s also possible for this type of incident to cause permanent damage to the victims in Carlsbad, CA.

Compassionate Legal Counsel for Birth Injury Cases in Carlsbad, CA

If you believe you have grounds for legal recourse in response to a birth injury in your family, you will need experienced legal representation on your side to navigate the complex series of legal proceedings ahead of you successfully. Kenneth M. Sigelman & Associates has years of experience helping our clients navigate all types of medical malpractice cases in Carlsbad, including birth injury claims. We can help build your case and recover appropriate compensation from the defendant who caused the birth injury.

Filing Your Birth Injury Claim in Carlsbad

A medical malpractice claim is a type of personal injury case, but it is subject to specific rules and procedural requirements. Before filing your medical malpractice claim, you must obtain a written statement from an appropriately qualified medical professional explaining how the defendant in your claim failed to meet the standard of care that you required in the situation. You must also serve advance notice of your intent to file a suit to the defendant before filing your claim.

A birth injury case in Carlsbad may pertain to an injury to a newborn, such as cerebral palsy, traumatic physical injury from excessive force during delivery, and many other possible injuries. Success with your medical malpractice claim will require proof of a formal doctor-patient relationship between you and that the defendant failed to live up to the appropriate standard of care your situation required. Then you must prove the full extent of the damages they caused, including the cost of corrective medical care and ongoing medical treatments the victim requires in the future, lost income if a parent was forced to leave their job to care for the victim, and the pain and suffering the defendant inflicted.

Kenneth M. Sigelman & Associates will work closely with you to help you understand the steps involved in the filing of your case, and our goal is to help you recover as fully and as quickly as possible. You have a limited time in which to file your case, so it is vital that you reach out to our firm as soon as possible so we can help determine your optimal path to recovery.

FAQs

Q: How Do You Prove Liability for a Birth Injury?

A: If you believe a healthcare professional is responsible for causing a birth injury in Carlsbad, you must prove that they violated the standard of care required for the situation if you intend to pursue a medical malpractice suit. This involves proving that the defendant was negligent and directly caused the birth injury. Your Carlsbad birth injury attorney can review the details of how the injury happened and assist you with gathering any evidence you will need to prove that the standard of care for your situation was not met.

Q: How Much Can I Get for a Birth Injury?

A: If you are filing a medical malpractice claim for a birth injury, state law allows you to seek full compensation for all economic losses you sustained from the incident. These can be substantial if the victim was rendered permanently disabled from the incident, and their family may be able to claim compensation for immediate and future medical treatment costs, lost income, and lost future earning potential. California’s medical malpractice statutes also allow the plaintiff to recover pain and suffering compensation, but this aspect of the case award is capped.

Q: Why Do I Need to Hire a Carlsbad Birth Injury Attorney?

A: Taking time to find the right medical malpractice attorney for your claim is well worth the effort. While it may be technically possible to file a medical malpractice suit on your own, this would be incredibly difficult, even if the fault was perfectly clear. You would face strict court filing deadlines and other procedural obligations while managing the medical effects of the injury. Legal counsel you can trust is an invaluable asset, increasing your chances of success with your case and likely obtaining significantly more compensation than you could manage alone.

Q: What Are the Penalties for Causing a Birth Injury?

A: If you can prove that the defendant in your case committed medical malpractice, they and their employer could face full responsibility for all economic losses they inflicted as well as your pain and suffering. However, the defendant could also face professional consequences depending on the nature and severity of the malpractice they committed. They could lose their medical license or even face criminal charges if they caused intentional harm or harmed the victim through egregious professional negligence.

Q: What Will It Cost to Hire a Carlsbad Birth Injury Attorney?

A: It’s understandable to have concerns about the potential cost of legal representation if you are already struggling with the economic effects of the birth injury your family experienced. The team at Kenneth M. Sigelman & Associates can provide the comprehensive legal counsel you need in this situation without adding to your financial concerns, thanks to our contingency fee billing policy. We take a portion of your final case award instead of charging expensive upfront attorneys’ fees, and we only take this contingency fee if and when we win your case.