El Cajon Birth Injury Lawyer

El Cajon Birth Injury Attorney

The birth of your child can be one of the most joyous and proud moments of your life, and it should be. The prospects of starting or growing your family should be exciting, but childbirth can unfortunately bring with it the risk of injury or harm to both the baby and mother. If you or your child suffered a birth injury due to medical malpractice or negligence, let an El Cajon birth injury lawyer review your case to discover what compensation you might be owed.

A birth injury can occur when doctors and other healthcare providers are negligent, either throughout the pregnancy or during labor. This can impact both the mother and the newborn. While some birth injuries can be minor, others can result in permanent or life-altering conditions. Hire a birth injury lawyer from Kenneth M. Sigelman & Associates if you or your newborn suffered damages due to medical malpractice or negligence during your pregnancy or labor.

Common Birth Injuries in California

In El Cajon, birth injuries encompass a variety of harm that stems from the medical malpractice and negligence of your healthcare provider. There are four main categories of injury, with a plethora of short-term and long-term conditions that fall under each:

• Brain injuries and oxygen deprivation. Conditions stemming from brain injury or lack of oxygen include hypoxic-ischemic encephalopathy, cerebral palsy, and hemorrhaging.
• Harm caused by mismanagement. Brain damage and respiratory issues are common if a pregnancy or delivery is mismanaged or not closely monitored. They can also occur if healthcare providers fail to provide the accepted standard of care.
• Fractures and soft tissue damage. Common fractures suffered during birth include fractures to the clavicle and skull. Temporary, but severe, swelling of the scalp can also occur.
• Nerve damage and physical trauma. Conditions stemming from physical trauma or nerve damage include brachial plexus injury, facial paralysis, and spinal cord injuries.

Birth injuries do not only occur during delivery. Prenatal care is vital to the healthy growth of your child, along with your own well-being throughout your pregnancy. If you or your child suffered harm because of medical malpractice or negligence at any point throughout your pregnancy, an El Cajon birth injury lawyer can answer questions and guide you through your birth injury case.

An El Cajon Birth Injury Lawyer Can Help You Today

In California, children who have suffered a birth-related injury have until their 8th birthday to have a claim filed on their behalf, whereas the statute of limitations for an adult to file typically allows three years, but you only have one year from discovering an unknown injury. If you seek legal representation early in your case, your El Cajon birth injury lawyer can file a claim at the San Diego County Superior Court.

Negligence during prenatal care can trigger issues sooner than the intended date of birth for your newborn. Despite California having a relatively low premature birthrate of 9.1%, that number could be lower still if healthcare providers were able to provide the accepted standard of care to every patient. Premature birth can add increasingly astronomical costs for immediate and long-term care required, on top of the expected medical bills for labor and delivery.

Regardless of the severity or nature of your birth-related injury, California’s birth injury laws enable you to seek compensation for your medical bills, missed wages, and pain and suffering.

FAQs

How Do I Know If My Child’s Condition Was a Preventable Birth Injury Caused by Medical Malpractice?

Most preventable birth injuries due to medical malpractice typically occur during labor, delivery, or postnatal care. If you are unsure whether your child’s condition was a preventable birth injury caused by medical malpractice, an El Cajon birth injury attorney can review your case to see if you might be owed damages. Your attorney can request a full review of medical records and consult medical professionals. Then, they can determine if your child’s condition was preventable and caused by medical negligence.

Who Can Be Held Legally Liable for a Birth Injury That Occurred at a Hospital or Birthing Center in the El Cajon Area?

In California, liability for birth injuries at a birthing center or hospital extends to the doctors, nurses, midwives, anesthesiologists, and medical staff who were a part of the birthing plan or procedure. To be held legally liable for a birth injury, the evidence must prove that:

1. The accused’s action or inaction did not meet the accepted standard of care.
2. The inability to meet the accepted standard of care directly caused harm or injury to the baby or mother.

What Is the Statute of Limitations for Filing a Birth Injury Claim on Behalf of a Minor Under California Law?

The statute of limitations for filing a birth injury claim on behalf of a minor differs from the statute of limitations for an adult. Per the California Code of Civil Procedure section 340.5, a claim for injuries sustained at birth due to medical malpractice must be filed before the minor turns 8 years old. A mother typically has one to three years from the date of injury to file for medical malpractice.

How Do California’s Medical Malpractice Laws (Such as MICRA) Impact the Amount of Compensation My Family Can Recover for My Child’s Lifelong Medical Care?

California’s MICRA Act was revised in 2022. It put a cap on all non-economic damages, like pain and suffering, but leaves economic damages uncapped. Economic damages related to medical malpractice include hospital bills, surgery, medication, rehabilitation, and long-term care, along with lost wages and loss of earning capacity. Under MICRA, Californians are allowed to request that compensation be paid in a lump sum or in periodic payments over time to manage the future funding for lifelong care.

Hire a Birth Injury Lawyer

Due to the complex and personal nature of birth-related injuries, skilled and compassionate legal representation can be a great defense against predatory insurers, along with the attorneys who represent medical facilities and healthcare providers. If you, your child, or a loved one has recently suffered an injury from medical malpractice or negligence during your pregnancy or delivery, contact Kenneth M. Sigelman & Associates today to see how we can help.

Oceanside, CA Birth Injury Resources

What to Expect From a Birth Injury Lawsuit in California?

Most Common Birth Injuries in California

Birth Injury Statute of Limitations California Explained

How To Prove Medical Malpractice in California?

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