Chula Vista Birth Injury Lawyer

Chula Vista Birth Injury Attorney

The arrival of a new baby is meant to be one of the happiest days of your life. However, if a medical error during pregnancy, labor, or delivery causes a serious injury to the newborn or mother, the joy of your new child can turn to a lifetime of anxiety, financial stress, and emotional suffering. A knowledgeable Chula Vista birth injury lawyer can get you and your family the justice and financial compensation you deserve for a preventable injury.

What Is Considered a Birth Injury Chula Vista, CA?

A birth injury is any injury a baby sustains during labor, delivery, or shortly after birth. Some birth injuries are unavoidable. Others occur because a doctor, nurse, or hospital failed to properly respond to the mother’s or baby’s complications or warning signs.

Birth injury cases are different from birth defect cases, which are usually caused by genetic defects or prenatal causes. Birth injury cases occur because of errors and omissions, which should and could have been avoided. Common types of birth injuries include:

• Cerebral palsy, particularly when it is caused by a lack of oxygen
• Erb’s palsy, often stemming from improper use of forceps or vacuum extraction
• Trauma-related injuries, such as skull fractures
• Spinal cord injuries
• Injuries to the mother

California Birth Injury Laws

California law can hold negligent healthcare providers accountable when families are injured due to improper prenatal care or delivery. As with all medical malpractice cases, a birth injury claim falls under California’s birth injury and medical malpractice laws. Both legal frameworks require a victim or their family to prove four key elements of a successful case.

Legally, you need to demonstrate:

1. There existed a duty of care from the provider.
2. The provider breached that duty.
3. This breach caused your injury.
4. You suffered quantifiable damages.

In short, you will have to show how the healthcare professional failed to perform the way a reasonably prudent professional would have, and that failure caused the injury in question.

California’s statute of limitations for birth injury cases can be a bit more complex. As with most injury cases, you will have three years from the date of the injury or one year from the date the injury was discovered or reasonably should have been discovered. However, California allows the statute of limitations on cases involving a child to be extended. This allows parents to see the long-term impacts of birth injuries before filing a claim.

Birth injury claims in California face limits on non-economic damages, which include pain and suffering as well as emotional distress. The updated MICRA, in effect as of January 2023, caps non-economic damages in birth injury cases at $350,000, with the cap rising annually until it reaches $750,000 in 2033. California allows unlimited economic compensation for healthcare-related expenses.

Why Hire a Birth Injury Lawyer in Chula Vista?

In California, the birth rate was 52.8 in 2022, meaning there were 52.8 births per 1,000 women between the ages of 15 and 44. A considerable number of these unfortunately, suffered birth injuries, needing the help of a Chula Vista birth injury attorney.

When you hire a birth injury lawyer after an injury, it is the first step in protecting your child’s future. Skilled lawyers have experience with complex medical and legal systems. They understand the subtleties involved in gathering professional testimony, facing aggressive insurance defense teams, proving negligence, and calculating long-term costs of care.

By having a lawyer on your side, you can focus on your family while they fight to get you the full compensation you need. This can provide financial stability and bring justice to your child.

About Kenneth M. Sigelman & Associates

Kenneth M. Sigelman & Associates is a San Diego-based law firm. We have extensive experience in litigating catastrophic injury cases throughout Southern California, including Chula Vista. Clients benefit from a law firm that has been recognized by Super Lawyers, the American Association for Justice, and many other professional directories for excellence in the field of medical malpractice litigation.

Our familiarity with the Chula Vista–South Bay Courthouse gives our firm a decisive advantage. Our attorneys know the local hospitals and medical facilities, and we are familiar with local procedural norms.

FAQs

How Much Is a Chula Vista Birth Injury Settlement?

The amount of a birth injury settlement will depend on a number of factors, mainly the specific circumstances regarding your case. Settlement determinations are based on the severity of the injury, the strength of the evidence, and the need for follow-up care. Generally, more complex and severe cases yield a larger settlement.

How Do I File a Claim for a Birth Injury in Chula Vista, CA?

To file a claim for birth injuries, you must prove that the healthcare provider breached their duty of care to you and your baby, which caused you to suffer damages. The first steps often involve obtaining medical records and filing a notice of intent to sue. Using relevant birth injury statutes, an attorney can oversee legal documentation and determine negligence. They can also represent you in both settlement negotiations and court proceedings.

What Is Compensation for Birth Trauma?

Compensation for birth trauma is money that covers damages incurred due to the injury, including medical bills, lost wages, and pain and suffering. Monetary recovery attempts to address the child’s continued development and quality of life. Courts consider economic losses, along with the physical and/or emotional impact the injury has on the child and the family, when deciding a proper award.

How Much Does a Personal Injury Lawyer Cost in California?

The cost of a personal injury lawyer in California will depend on the specifics of your case and the attorney you decide to hire. Most personal injury attorneys in California charge what is known as a contingency fee, which means you pay nothing unless you win or settle your case. If you get a settlement or verdict, your lawyer takes a percentage. You pay no legal fees if you lose your case.

Contact Kenneth M. Sigelman & Associates Today

If your child suffered a preventable birth injury due to the negligence of a healthcare professional, you may be entitled to compensation for the harm it caused. Kenneth M. Sigelman & Associates can represent you in this process. Contact us today for more information.

Chula Vista, CA Birth Injury Resources

Birth Injury Statute of Limitations California Explained

Most Common Birth Injuries in California

Most Common Types of Medical Malpractice in California

How To Prove Medical Malpractice in California?

What is the Difference Between Medical Malpractice and Negligence in California?

How to Find the Best Medical Malpractice Attorney Near You in California?