Any kind of injury before or during childbirth has the potential to negatively affect a newborn infant and their family in various ways. While some birth injuries happen because of unpredictable and unavoidable circumstances, others are the result of medical malpractice. If you believe a recent birth injury in your family was the fault of a negligent medical professional, a Huntington Beach birth injury lawyer can help you hold them accountable.
Representing Birth Injury Claims in Huntington Beach, CA
Kenneth M. Sigelman & Associates offers the professional experience of both a doctor and an attorney in your impending birth injury case. Our firm has successfully resolved many medical malpractice claims in Huntington Beach, including those arising in response to birth injuries. We know the emotional strain these incidents can cause for any family, and our goal in your case is maximum recovery in the shortest possible timeframe.
A medical malpractice claim may be a form of personal injury claim, but there are rules you must follow to succeed with this type of case. Your Huntington Beach birth injury attorney will assist you in meeting all of the court filing deadlines and other prerequisites your case entails so you can approach your proceedings with peace of mind.
Ultimately, hiring the right attorney will significantly improve your chances of success with your claim and the likelihood of maximizing your total compensation. Kenneth M. Sigelman & Associates has earned a reputation as a leading choice for legal counsel in medical malpractice cases in the Huntington Beach area because of our commitment to client-focused legal representation and unique blend of multidisciplinary professional experience.
Filing Your Birth Injury Claim in Huntington Beach
Medical malpractice occurs whenever a medical professional’s negligence results in harm to a patient. If you intend to file a birth injury claim in Huntington Beach, you must prove that the defendant in question directly caused the birth injury through a failure to meet the standard of care you required for the situation in question.
Your birth injury attorney will help you secure expert witness testimony to support your claim. You will need to consult a medical professional who holds the same board certifications as the defendant, and they must submit a sworn statement explaining how the defendant’s actions were a breach of their professional duty of care.
This statement must be sent with advance notice of your intent to file suit against the defendant before you can actually file your claim with the court. You must also prove the full extent of the losses the defendant inflicted and the compensation you are seeking with the claim. At this point, your case may proceed to settlement negotiations or litigation, depending on whether the defendant accepts liability.
Kenneth M. Sigelman & Associates can provide comprehensive support through all stages of your case, from gathering evidence and meeting the procedural requirements to filing the case with the court and navigating settlement negotiations or litigation. Whatever your claim entails, the sooner you reach out to our firm, the more time we have to build a compelling case on your behalf.
Q: What Are the Most Common Types of Birth Injuries in Huntington Beach?
A: It is possible for a birth injury claim to pertain to physical trauma caused by surgical instruments or excessive force during delivery, brain damage from oxygen deprivation, injuries from improperly administered anesthesia or medication, or injuries caused by failure to monitor patient vital signs. Any injury that occurs immediately before or during childbirth that results in harm to the infant and/or mother can lead to a birth injury claim.
Q: How Long After Birth Can You File a Birth Personal Injury Claim in California?
A: The usual statute of limitations for medical malpractice in California is three years, and this time limit begins on the date an injury occurs. The statute may also extend for one year after the date a victim discovers harm done by medical malpractice. However, the statute of limitations for birth injuries in California lasts until a child’s eighth birthday. This ensures that the family can take appropriate legal action if symptoms take time to appear.
Q: How Much Compensation Can You Claim for a Birth Injury in Huntington Beach?
A: The total potential value of any birth injury claim hinges on the scope of the damages sustained by the victim and their family. Your Huntington Beach birth injury attorney can help you recover compensation for your medical expenses, lost income, and lost future earnings resulting from the incident. You also have the right to claim compensation for pain and suffering, but this aspect of your case award will be limited under state law.
Q: How Long Will It Take to Resolve a Birth Injury Claim in California?
A: The majority of medical malpractice cases filed in California end in private settlement negotiations. The private settlement process allows all parties involved to streamline their proceedings and save time and money they would otherwise spend in litigation. If you have experienced legal counsel representing you and the defendant agrees to settle, this may only require a few weeks to complete. Otherwise, litigation could take months or years.
Q: What Does It Cost to Hire a Huntington Beach Birth Injury Attorney?
A: The team at Kenneth M. Sigelman & Associates accepts medical malpractice and personal injury clients on a contingency fee basis. This means that our firm does not charge our clients upfront or ongoing attorneys’ fees, and they will not pay anything if we are unable to secure compensation on their behalf for any reason. If we are successful, the client pays a percentage of the total case award as our fee.
The right attorney can have a tremendous positive impact on the outcome of your impending birth injury claim in Huntington Beach. Kenneth M. Sigelman & Associates offers a unique level of professional attention to your case that you cannot find anywhere else, and the sooner you consult our firm, the sooner we can put our resources and experience to work for you. Contact us today to schedule your free consultation with a Huntington Beach birth injury attorney.
KEN SIGELMAN J.D., M.D.
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