If you are a new parent, all of your hopes and dreams for the birth of your child and new family can change in an instant if a doctor, nurse, another medical professional or hospital acted with negligence causing injury to either your newborn baby or the mother. A birth injury is considered a form of medical malpractice and unfortunately, 27 out of every 1,000 births result in some form of birth injury to the mother or child.
Common Causes of Medical Negligence Related to a Birth Injury
Any medical practitioner involved in the delivery of a baby and who acts with negligence resulting in a birth injury, may be held legally liable for those injuries and losses. Some of the common causes of medical negligence related to a birth injury include the following:
- Failure or delay to make the medical decision to perform a Cesarean section (C-section)
- Misuse of medical devices, such as a vacuum extractor or forceps
- Failure to either recognize or treat an infection in either the child or the mother
- Entrapment or wrapping of the umbilical cord around the child
- Any failure to recognize or treat any bleeding, deprivation of oxygen, or physical distress in either the child or the mother
What to Do if Medical Negligence Caused a Birth Injury
If you believe that medical negligence on the part of any medical professional resulted in either injuries or losses to the mother or child immediately prior to, during, or after the birth of a child, you should gather as much documentation regarding witnesses and medical reports as possible. Keep all evidence and contact an experienced medical malpractice attorney to help ensure the mother and child receive justice and compensation for any injuries that resulted.
Deadline to File a Claim
Each state has its own statute of limitations. In California, for children under the age of eight, the statute of limitations runs one day before their eighth birthday. For all other minors, the statute of limitations runs three years from the date of injury. For adults, the statute of limitations runs three years after the date of injury or one year after the victim discovers, or reasonably should have discovered, the injury, whichever occurs first. For claims against local, state, or federal government defendants, specific time limits for bringing clams apply, which may be shorter than the statutes of limitation for non-government defendants. While this may seem like a long time, a great deal of investigation must occur to file a strong medical malpractice claim and receive compensation for injuries. If you fail to file within this time frame established by the State of California, you will lose your right to file a claim for your child’s injuries.
Contact a Birth Injury Lawyer Today
There are few practicing medical malpractice lawyers who are also medical doctors. Ken Sigelman, J.D., M.D., is a doctor who is licensed to practice law in California and Florida, and before the U.S. Supreme Court. For more than 20 years, Dr. Sigelman, an award-winning trial lawyer, has had an exceptional record of verdicts, settlements and arbitration awards. If you suffered any injuries as a result of medical negligence, contact our experienced and compassionate attorneys at 866-971-8956 or online today for a free consultation.
Kenneth M. Sigelman and Associates possesses an exceptional and thorough knowledge of California law, decades of legal experience and a commitment to achieve justice and obtain fair compensation for victims. Click below to learn more about our team of attorneys.
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