Welcoming a new child into your family should be a wonderful experience, but unfortunately, thousands of families experience unexpected harm during childbirth in various ways each year. A birth injury has the potential to be a life-changing experience for the family, resulting in severe harm that can lead to a lifetime of disability for the newborn and/or significant trauma to the mother. It is also possible for a birth injury case to involve harm to both the mother and her child.
Helping Irvine, CA, Clients With Birth Injury Claims
If your Irvine, CA family has recently experienced a birth injury of any kind, it is vital to know your legal options for recovering from the situation. An Irvine birth injury attorney is the most important asset you can have when facing this type of medical malpractice case. Even if you believe that fault for the injury is perfectly clear, you will need a seasoned attorney’s help to meet the procedural requirements of your case and hold the defendant appropriately accountable for all the harm they have caused to your family.
Kenneth M. Sigelman & Associates has years of professional experience handling medical malpractice cases in Irvine, including those pertaining to childbirth injuries, and we are ready to put this experience to work in your case.
Building Your Birth Injury Claim in Irvine
A personal injury occurs whenever one party’s negligence or illegal act results in harm to another party. The victim has the right to file a personal injury claim in response to seeking compensation for the damages they suffered in the incident. A medical malpractice case is a type of personal injury case, but there are special rules that apply to these cases.
Your Irvine birth injury attorney can help determine the exact cause of the injury your family experienced and prove that the injury resulted from a medical professional’s failure to meet your required standard of care. The term “standard of care” is central to every medical malpractice claim filed and defines the minimum level of appropriate treatment a patient should receive in a given medical situation.
Success with a birth injury case will require proof that the defendant named in your claim failed to meet the standard of care you required and consequently caused the birth injury. Your Irvine birth injury attorney can help you meet all the procedural requirements of your case, from gathering evidence to proving that the defendant failed to meet the appropriate level of care as well as proof of the full extent of the damages your family suffered from their actions.
State law allows a plaintiff in a medical malpractice case to claim full repayment of all economic losses they suffered because of the defendant’s professional negligence, but the plaintiff is limited by the amount of pain and suffering compensation they can claim. When you have the right Irvine birth injury attorney handling your case, you are not only more likely to win than you would be on your own but also more likely to maximize your final case award in the shortest possible time.
Birth injury Lawyer FAQs
Q: What Is a Wrongful Birth Claim?
A: A wrongful birth claim is a type of medical malpractice claim pertaining to the birth of a child following insufficient prenatal care. The plaintiff in this type of case typically argues that if the defendant had provided appropriate prenatal care and identified a birth defect or genetic condition, it would have compelled her to terminate the pregnancy if she had been aware of it. This is a controversial type of medical malpractice claim that would require the attention of an experienced medical malpractice attorney.
Q: What Are the Most Common Birth Injuries in Irvine?
A: The term “birth injury” most commonly refers to injuries a newborn baby sustains prior to, during, or immediately after birth. Brain damage of any kind may cause cerebral palsy, and it is also possible for a birth injury to involve physical trauma. Birth injury claims may also pertain to injuries to the mother, such as nerve damage from an improperly performed C-section, internal bleeding, and a host of other possible conditions resulting from a physician’s failure to properly monitor their patient.
Q: How Much Can I Claim for a Birth Injury?
A: A medical malpractice suit may be a type of personal injury case, but California’s medical malpractice laws limit pain and suffering compensation in these claims. The plaintiff will have the right to seek compensation for all economic losses they suffered because of the defendant’s actions, but the pain and suffering compensation they can claim will be limited. Your Irvine birth injury attorney can offer an estimate of your case’s total potential value if you win.
Q: What Happens if a Birth Injury Causes Permanent Damage?
A: A serious birth injury has the potential to cause long-term or permanent medical complications for the victim. A child could be left profoundly disabled, which will not only lead to expensive future medical care but also lost income if a parent must leave their job to care for the child. Your Irvine birth injury attorney can help determine the optimal way to maximize your case award so it appropriately reflects the full spectrum of future damages you face because of the defendant’s actions.
Q: What Are Attorneys’ Fees for an Irvine Birth Injury Attorney?
A: The team at Kenneth M. Sigelman & Associates can provide the legal representation you need in your birth injury case without adding to your financial worries with expensive hourly rates. We take these cases on contingency, meaning we will only take a portion of the total compensation we recover for you and only if and when we win your case. If we are unable to secure compensation for your birth injury claim, you will owe nothing in legal fees.
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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