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 in 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.

It is important to make the distinction between a birth injury and a birth defect. Many babies are born with birth defects every year, but these are not usually caused by anything an expectant mother or their healthcare provider did or did not do during the pregnancy. Some examples of birth defects include spina bifida, cleft lip, and congenital heart problems.

Birth injuries, on the other hand, are injuries strictly caused during the process of birth or during the time immediately before or after birth, not during pregnancy. Birth injury cases occur because of medical 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

For a newborn baby, birth injuries can result in lifelong physical or cognitive delays. They can bring extensive physical and psychological trauma that can stay with a child for the rest of their life, and the child’s quality of life may be permanently limited. Children with certain birth injuries may never walk, talk, or feed themselves. Some may never live independently. Others may be permanently disfigured, leading to social problems or functional impairment.

In cases of injured mothers, birth injuries can lead to the experience of birth being a generally traumatic one, which can cause problems with breastfeeding, bonding with a baby, and doing the tasks associated with newborn care. Some birth injuries may also increase a mother’s risk of postpartum anxiety, depression, or psychosis.

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 negligence or wrongdoing for 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 to file a claim. 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 are subject to 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.

What to Do Immediately if You Suspect a Birth Injury in Chula Vista

If you suspect that your baby has been injured during the birth process, you may feel a lot of overwhelming emotions, and it may be difficult to think clearly about what you should do next. However, the steps you take right after the suspected birth injury can help you put yourself in a favorable position to pursue compensation. The following are the things you should do immediately if you think your child has been injured: 

1. Request the full hospital record. Before you leave the hospital with your baby, you should request your child’s full medical record, beginning with when you were admitted to the hospital for delivery. This should include any procedures performed for both the mother and the child, as well as fetal and neonatal monitoring records.
2. Seek an independent evaluation from a pediatrician. After you leave the hospital with your baby, you should find a pediatrician who is not associated with the hospital where you gave birth and ask them to evaluate your child for the suspected birth injury. It is important that the doctor you choose is unaffiliated with the hospital because affiliation may motivate a doctor to avoid a full investigation, or even to make a false report.
3. Document everything. Paper trails are absolutely key in cases like birth injuries. Keep a detailed record of your baby’s health, including any developmental delays, feeding problems, or other health issues. Write down times and dates for medical incidents, and make sure the record reflects how your baby’s injuries affect their life and yours. You should also keep track of any money you spend on medical treatment.
4. Do not sign waivers. In some cases, hospitals may try to convince parents to sign liability waivers before leaving the hospital. Depending on the situation, you may also be offered a settlement from the hospital. It is imperative that you do not sign anything or accept any offer before consulting an attorney. These waivers and offers are presented with the goal of protecting the hospital, not serving justice for you and your child.
5. Consult a birth injury attorney. If you think you may need to bring a birth injury claim against a hospital, you should contact a birth injury lawyer for a consultation as soon as possible. If you can, it is wise to reach out to an attorney before you even leave the hospital. That way, your lawyer can give you advice regarding what evidence to gather and how to handle any communications with the hospital’s risk management department.

Why Hire a Birth Injury Lawyer in Chula Vista?

In California, the birth rate was 49.8 in 2024, meaning there were 49.8 births per 1,000 women between the ages of 15 and 44. A considerable number of these births, unfortunately, resulted in birth injuries that caused significant financial losses and emotional trauma for families.

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.

When you have a lawyer on your side, you can focus on your family while they advocate for you to get you the full compensation you need. A successful claim can significantly reduce your stress, providing financial stability and bringing justice to your child.

What Compensation Can You Receive for a Birth Injury Claim in Chula Vista?

If you need to pursue compensation for a birth injury in Chula Vista, the first step is to file a claim with the hospital’s insurance, the individual healthcare provider’s malpractice insurance, or both. You may even receive a phone call from an insurance company shortly after your hospital stay. The insurance company employee might express concern for your child and regret over the situation, and they may offer you a settlement.

You should never accept an insurance settlement in a situation like this without first consulting your attorney. These initial settlement offers are almost never enough to offset your losses, but if you accept such an offer, it is difficult to pursue further compensation through legal action. Insurance companies are businesses, and they have the primary goal of making money, so they always hope that injured people accept their first and lowest offer.

Assuming the insurance company’s initial offer is too low, as the vast majority are, your attorney can move forward with the insurance company by pushing for greater compensation. Sometimes, an attorney’s involvement is enough encouragement for an insurance company to pay a reasonable settlement. However, in many cases, insurance companies refuse to fully compensate a claim, and the next step is to file a civil action against the hospital, the physician, or both.

When you file a personal injury claim for a birth injury, you can seek compensation for the following: 

• Medical bills. Any and all medical bills associated with the birth injury should be included in the compensation. This includes expenses that have already been realized, such as bills for past hospital stays, medical equipment, and therapies, as well as projected future expenses if your child is expected to need further medical care.
• Lost wages. When a child is injured, parents must often take time away from work to take care of them. This can create significant financial strain for a family, as many hardworking people cannot afford to miss paychecks in today’s economy. Your settlement for the birth injury should include compensation to offset wages you have missed.
• Pain and suffering. Watching your child suffer is incredibly traumatic, and the pain and fear associated with an injury can have a lifelong impact on a baby. Your birth injury settlement can include compensation for both physical pain and psychological trauma.

Usually, personal injury cases cannot be settled until the injured person has reached a point of maximum medical recovery, as determined by their doctors. At this point, the person’s long-term medical needs can be projected with the greatest accuracy.

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

Q: How Much Is a Chula Vista Birth Injury Settlement?

A: 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.

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

A: 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.

Q: What Is Compensation for Birth Trauma?

A: 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.

Q: How Much Does a Personal Injury Lawyer Cost in California?

A: The cost of a personal injury lawyer in California can 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 obtain compensation for 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?