Los Angeles Birth Injury Attorney
An unexpected birth injury can turn the birth of a new child from a cause for celebration to a tragic event for the family. Birth injuries can be tremendously harmful, often impacting the victim in various ways for the rest of their life. If your family has recently experienced a birth injury caused by medical malpractice, it is vital to know what a Los Angeles birth injury lawyer can do for you and your recovery efforts.
Representing Birth Injury Claims in Los Angeles, CA
The team at Kenneth M. Sigelman & Associates has years of experience resolving all types of medical malpractice claims in Los Angeles, including those pertaining to injuries during childbirth procedures. We know the intense emotional strain these incidents can cause and the many legal questions a family is likely to have in the aftermath of any birth injury. If you are unsure how to hold the at-fault party accountable, we can help.
Without an attorney, meeting the procedural demands of a complex birth injury case could be more challenging than you might expect. You could struggle to meet the procedural demands of your case while managing the effects of the birth injury you experienced at home. Having experienced legal representation means you can approach this difficult case with peace of mind, and you will be ready to address any unexpected complications that arise.
Ultimately, you are not only more likely to succeed with a birth injury suit when you have legal representation, but you are also more likely to maximize your total recovery. The team at Kenneth M. Sigelman & Associates has successfully handled many birth injury claims, and we know the obstacles you might face as you seek accountability and compensation for your family’s losses.
Filing Your Birth Injuries Claim in Los Angeles
A “birth injury” is any type of injury that occurs immediately before, during, or immediately following childbirth. Most of these cases involve injuries to newborn infants, but it is also possible for a birth injury case to pertain to injuries suffered by the mother. It is also possible for both the mother and her child to have sustained injuries during a botched childbirth procedure.
Most birth injury claims filed in California are medical malpractice claims. Medical malpractice occurs whenever a medical professional’s negligence results in harm to a patient. It’s possible for negligent injuries to cause many types of birth injuries, including:
- Traumatic injuries from surgical instruments. If a doctor must use forceps or other medical instruments to perform a childbirth procedure, they must do so carefully and only when medically necessary. Traumatic injuries can occur when a physician misuses surgical tools or when they attempt to use them without a clear medical need.
- Cerebral palsy, a complex and permanently disabling condition caused by brain damage before or during childbirth. If the infant’s oxygen supply is interrupted or the attending medical team fails to monitor vital signs, these issues can lead to the child developing cerebral palsy. This condition can present with a host of symptoms that can negatively affect the child’s growth and development in many ways.
- Medication injuries. Childbirth may require the use of various medications and anesthesia, and it is vital for the medical staff to ensure that it is medically necessary and that dosages are correct. They must also verify that the patient will not have an allergic reaction or other adverse reactions to the medication.
- Injuries from failure to monitor patient vital signs. Attending medical staff must carefully monitor the vital signs of both the mother and the infant so they can quickly and appropriately respond to any unexpected changes. Failure to monitor patient vital signs correctly can lead to many adverse outcomes, including permanently disabling injuries.
- Problems with C-Section procedures. It’s possible for a birth injury to happen because an attending doctor failed to recognize the need to perform a C-Section or failed to perform a C-Section correctly. Surgical errors can sometimes be life-threatening.
These are just a few examples of birth injuries that might occur from the negligence of attending physicians or nurses during childbirth procedures. An experienced Los Angeles birth injury attorney can review the details of the situation in question to determine whether the defendant met the standard of care required. If not, you likely have grounds to file a medical malpractice suit.
Kenneth M. Sigelman & Associates can help you gather the evidence you will need to form the foundation of your case. We can carefully review the details of your experience and all associated medical reports, and we can also locate a medical professional who can act as an expert witness in your case. You can rely on our team to uncover all of the damages you can seek from the defendant.
Recovering From a Birth Injury in Los Angeles, CA
You must complete specific procedural steps to file a medical malpractice claim in Los Angeles, California. First, you must provide advance notice of your intent to file your claim to the defendant, and this notice should be accompanied by expert witness testimony. You will need to consult a medical professional with the same board certifications as the defendant to testify as to how the defendant breached the standard of care your situation required.
The plaintiff in a birth injury case must also identify all the damages resulting from the malpractice in question. These may include economic damages such as the increased medical expenses for corrective treatment needed after the injury, lost income compensation that reflects the time a plaintiff was unable to work due to the injury in question, and compensation for lost future earnings if a parent is forced to leave their job to care for their injured infant.
It is also possible to seek pain and suffering compensation with a medical malpractice claim, but state law limits the amount the plaintiff may recover. When you choose Kenneth M. Sigelman & Associates to represent your case, we can do everything possible to maximize your total compensation in the most efficient manner.
The majority of birth injury claims filed in California do not go to court; most defendants seek to settle their cases privately through settlement negotiations. Our team can guide you through this process and attempt to secure the maximum settlement possible, but if settlement is not a viable option for any reason, you can rely on our team to represent you in litigation.
FAQs for Birth Injury Attorneys
Q: What Is the Statute of Limitations for Birth Injuries in California?
A: The typical statute of limitations for medical malpractice claims does not apply to children under the age of six. If your child suffered an injury at birth, the statute of limitations for their injury would not begin until they turn six years old, after which you would have until their eighth birthday to file your medical malpractice claim. Symptoms of birth injuries can take time to appear, so it is vital that you consult an experienced attorney if you suspect one has occurred.
Q: How Much Compensation Can I Claim for a Birth Injury in Los Angeles?
A: The medical malpractice laws of California enable a plaintiff to recover the full amount of economic damages the defendant inflicted. These can include immediate and future medical expenses, lost income due to a parent needing to leave their job to care for the child, and all associated financial expenses. The plaintiff may also claim pain and suffering compensation, but state law limits how much they can claim.
Q: Why Should I Hire a Los Angeles Birth Injury Attorney?
A: You might think that you can handle your birth injury claim on your own, but this type of case can be very complex, and you would face numerous procedural challenges that you will not know how to address on your own. Working with seasoned legal counsel not only increases your chances of success with the case but also the likelihood of maximizing your compensation in the shortest timeframe possible.
Q: How Long Will It Take to Settle a Birth Injury Claim?
A: Most medical malpractice cases filed in Los Angeles and throughout California end in private settlement negotiations, and the settlement process may proceed faster than you might expect if you have experienced legal counsel on your side. When fault is clear, and you have a responsive attorney representing you, settlement may only take a few weeks, whereas litigating your case could take months or even years.
Q: How Much Does It Cost to Hire a Los Angeles Birth Injury Attorney?
A: The team at Kenneth M. Sigelman & Associates will not add to your financial concerns with overly expensive upfront legal fees. We take clients in medical malpractice claims and other personal injury claims on contingency, meaning you will only pay a percentage of the total compensation we secure on your behalf. Additionally, you only pay your contingency fee if and when we win your case.