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Abogado de lesiones de nacimiento

Riverside Birth Injury Attorney

Birth injuries can be extremely difficult for families to face. At a time when there was an expectation of meeting their healthy, new baby, parents find themselves faced with the challenge of learning how to handle the consequences of injury sustained during birth. As the reality of the situation settles in, it’s hard not to recognize the costs associated with it. Birth injuries that are a product of neglect or error on the part of the medical staff and institutions involved create liability for those costs.

It would be nice if, given the difficulties you are facing, the insurance companies responsible for paying that compensation would do so willingly. Sadly, that’s often not the case. However, you won’t have to fight for what you deserve alone. At Kenneth M. Sigelman & Associates, we are ready to fight in your stead and ensure that the process adds as little stress as possible to an already overwhelming situation.

Lesiones de nacimiento

Birth injuries come in a variety of forms. They may be a product of error or negligence on the part of the staff or medical institution. It’s important to recognize that it could also be a natural bi-product of giving birth. The process of labor and delivery can be extremely stressful for both baby and mother, and it can create its own set of difficulties.

You will need your lawyer to examine the situation closely and understand how to differentiate between the two. This is one of the things that makes Kenneth M. Sigelman such an asset for your case. As both a doctor and a lawyer, he is able to understand and explain the medical component of these cases. Some of the more common sources of birth injuries include:

• Delaying a necessary C-section for too long
• Misdiagnosis
• Head traumas
• Use of forceps or vacuums
• Missing signs of fetal distress, infection, or other complications
• Errores de medicación
• Failure to properly monitor vital signs and other data
• Not taking steps to address issues with the umbilical cord
• Failing to treat or recognize placental abruption
• Reduced oxygen during birth

Who Could Be Liable

Liability in a birth injury can sometimes be difficult to determine. Part of what a lawyer helps with is to investigate the circumstances surrounding the injury to determine all the possible parties that could have contributed to the injury. There could potentially be multiple parties at fault. Some of the potentially liable parties are:

• Medical Staff – If there was an error or negligence on the part of the team delivering the baby or involved with the care through labor and immediately after, then the doctors, nurses, or other staff could be liable.
• Hospital – The hospital could be responsible if there was something about their policy or preparation that is at fault.
• Drug Producer or Pharmacist – These parties may be liable if there was an issue with a medication used during delivery.

Proving Birth Injuries

Most birth injuries will likely be a form of negligencia médica. That is a subcategory of personal injury law, which means winning your case will follow the same requirement of proving that the injury occurred as a result of negligence. This means proving four things:

• Duty – It must be shown that the defendant had a duty to provide a certain level of care. This usually means that they had a duty to live up to whatever the medical standards in that circumstance. So for a birth, this means there was a duty to handle the delivery with a level of care that meets the medical standards.
• Breach – The second thing that must be established is a breach of duty on the part of the defendant. This would mean something about the delivery process not living up to, or deviating from, the standard of care for delivery.
• Cause – The breach of duty must be shown to be the reason the injury occurred. This can be challenging because the natural process of birth is such a tumultuous occasion for both the mother and baby that some risk of birth injury is naturally present. This means that it’s possible for there to be a breach of duty that is not necessarily related to injury. It’s important to have a lawyer who has a strong understanding of the medical component and is able to address the challenges that the defense might make.
• Daños – Finally, any damages that you are seeking must be shown to be the direct result of the injury. For instance, any medical bills that you are seeking compensation for must be shown to be related to treatment for the injury.

Daños y perjuicios

In medical malpractice cases, such as a birth injury, there are generally two kinds of damages that will be paid out:

• Economic Damages – Anything that has a quantifiable value is included in economic values. This includes both items you have a bill or receipt for as well as things that can be calculated. It also includes an element of estimating potential future costs as well. So the kinds of things that may be covered include medical costs, lost earning capacity, therapies that may be needed, vehicle and home modifications, or mobility devices.
• Non-economic Damages – These are damages that are meant to act as compensation for things that aren’t easily calculated. For instance, the pain and suffering that you experience as a result of a child’s birth injury isn’t something that a monetary value can be placed on, and no parent would take any amount of money if it meant their child suffering that way. It’s understood that these payments aren’t going to fix anything, but the hope is that they may somewhat ease the burden felt. These damages are subject to a cap that will increase each year until reaching a maximum. Your lawyer can inform you of the latest information.

Muerte injusta

If the injury was significant enough to cause death, then a muerte injusta claim may be appropriate. It is a similar process and includes restitution for things like funeral costs.

Preguntas frecuentes:

Q: What Is the Statute of Limitations on Birth Injury in California?

UNA: The statute of limitations on birth injuries in Riverside, California varies depending on where the child was born. If the child was born in a private institution, then the statute of limitations is eight years. However, if the child was born in a public institution (a state-run hospital is an example of a possible facility), the time to file a claim is just six months. It’s important to act quickly if your baby has suffered a birth injury. Possibly to file quickly in the case of a public institution, but also so that your lawyer can investigate nearer to the injury in other circumstances.

Q: What Is the Difference Between a Birth Defect and a Birth Injury?

UNA: A birth defect is something that occurs while the baby is still in the womb. It can often be a chromosomal or another genetic abnormality that leads to an issue or even an anatomical issue in the uterus. A birth injury, on the other hand, is something that occurs during labor while the baby is being born or in the immediate aftermath. Labor and birth are an intense process for both mother and baby to experience. So, it’s possible that a birth injury may just be a product of that difficulty. Sometimes, though, a birth injury can be caused by the neglect or error of the medical staff involved.

Q: Who Can be Held Liable for a Birth Injury?

UNA: los liability for a birth injury depends on the injury that occurred. One of the things a birth injury lawyer does is examines the circumstances of the injury to understand who may be liable. It may be that the problem was with the delivery team, in which case the doctor, nurses, or other staff could be held liable. If the problem was an issue with a medication involved in the delivery, then it’s possible that drug producers or a pharmacist may be responsible. In other cases, it’s even possible that the hospital may be liable.

Q: What Are Some Common Causes of a Birth Injury?

UNA: Birth is such a complex process that an injury can happen in a myriad of ways. Some of the more common things that might cause birth injuries include:

• Failing to properly monitor all vital signs properly
• Errores de medicación
• Head traumas during vaginal birth
• Reduced oxygen during birth
• Misdiagnosis
• Failing to identify complications or signs of fetal distress
• Waiting too long for a C-section
• Not addressing umbilical cord issues

Let Us Help You Seek Restitution to Care for Your Baby

We understand that money can’t fix the most important things in the case of a birth injury. We know that what has been lost and endured can’t be paid for, and we don’t bring up the compensation you’re owed without understanding the limitations of what it provides. However, birth injuries can often create expenses well into the future to manage the effects of the injury. It’s important that you get the compensation that is owed so that you are able to handle at least the financial challenges that the birth injury has created. You can count on Kenneth M. Sigelman & Associates to fight for what you deserve while also treating the situation with the care and tenderness that it deserves. Contáctenos to take a look at your case today.