Oceanside Birth Injury Lawyer

Oceanside Birth Injury Attorney

The birth of a child should be a time to celebrate. However, when medical professionals don’t uphold their duty of care, the results can be devastating. An Oceanside birth injury lawyer at Kenneth M. Sigelman & Associates can protect families who have suffered due to birth-related medical negligence.

Exploring Birth Injury Cases

A birth injury refers to harm sustained by a newborn or mother during pregnancy, labor, delivery, or shortly after birth. These injuries range from mild to severe. They often have lifelong consequences, requiring ongoing medical treatment, therapies, and specialized care.

It’s important to know the difference between a birth defect and a birth injury. 

• Birth defect. This is usually caused by genetic factors, environmental exposure, or complications unrelated to medical negligence.
• Birth injury. Such injuries are typically the result of errors, improper procedures, or failure to follow established medical standards during pregnancy or delivery.

Medical professionals are expected to follow established standards of care. When they deviate from these standards, the consequences can be life-altering. A skilled Oceanside birth injury lawyer can determine whether negligence had a role in your child’s condition. If so, they can seek justice on your behalf through a birth injury claim.

Common Causes of Medical Negligence Related to Birth Injury

Birth injuries often occur when doctors, nurses, or other medical staff make critical mistakes during pregnancy or childbirth. Some of the most common forms of negligence include: 

• Failure to monitor fetal distress. Medical staff are responsible for closely monitoring the baby’s vital signs. Failing to act on signs of distress can lead to oxygen deprivation and brain injuries.
• Improper use of delivery tools. Forceps and vacuum extractors can be necessary in certain deliveries, but improper use may cause skull fractures, cerebral palsy, and nerve damage.
• Delayed cesarean section. When complications arise, a C-section can be necessary. Delays in acting on the need for surgical intervention can cause severe harm to both mother and baby.
• Medication errors. Incorrect administration of drugs may harm the mother or affect the baby’s oxygen levels. This could include epidurals, anesthesia, or labor-inducing medications.
• Misdiagnosis or failure to diagnose. Certain conditions, such as gestational diabetes, infections, or preeclampsia, require careful watch. Misdiagnosis or delayed treatment can result in serious complications.
• Inadequate prenatal care. Neglecting prenatal screenings and failing to address maternal health concerns can increase the risk of complications during birth.

Overall, the state reported 3,907 medical malpractice cases in 2024.

What to Do If Medical Negligence Caused a Birth Injury

If you suspect that negligence had a role in your child’s birth injury, take the right steps early on to better protect your rights and create a strong case:

• Seek immediate medical attention. Your child’s health is the top priority. Make sure your child receives the necessary medical evaluation and treatment from qualified professionals. They can also document the extent of the injury.
• Gather medical records. Obtain copies of prenatal, labor, and delivery records. These documents are critical in determining whether negligence occurred, and they will be central to your birth injury claim.
• Document everything. Keep detailed notes of your experience, including conversations with medical staff, the timeline of events, and how the injury has affected your family.
• Consult an experienced Oceanside birth injury attorney. It is essential to hire a birth injury lawyer as soon as possible. An attorney can review your case, consult medical experts, and determine whether your family has the grounds to file a claim.
• Build a legal strategy. Your attorney can work with medical professionals to establish liability, calculate damages, and negotiate with insurance companies or healthcare providers. They can then file the case with the Superior Court of California, County of San Diego.

Why You Should Choose Kenneth M. Sigelman & Associates

Kenneth M. Sigelman & Associates has extensive experience in complex medical negligence claims, with a strong focus on birth-related injuries. At our firm, we approach every case with compassion and dedication. We understand the trauma you’re experiencing, so we can provide supportive legal counsel throughout the process. With us, you gain a dedicated advocate who can fight for justice and make sure your child has the resources they need for the future.

FAQs

Q: How Much Is the Average Birth Injury Settlement?

A: Birth injury settlements vary widely. They depend on the injury’s severity, its long-term care needs, and liability. Minor injuries generally settle for less than serious injuries with lifelong consequences. Each case is unique, so consulting a knowledgeable birth injury lawyer is essential for understanding potential compensation tailored to your child’s specific medical needs. In 2024, 18 medical malpractice cases resulted in over $2 million in settlements. Meanwhile, 411 cases led to settlements under $50,000.

Q: Can I File a Claim for a Traumatic Birth?

A: You can file a claim for a traumatic birth if negligence by a healthcare provider caused injury to you or your baby. Traumatic births may involve:

• Improper use of forceps or vacuum extractors
• Delayed c-sections
• Failure to monitor fetal distress
• Medication errors

If these mistakes caused physical harm, long-term medical needs, or permanent disability, you could file a legal claim under the state’s birth injury laws. This enables you to seek compensation for medical bills, future care, and emotional suffering.

Q: What Is Considered a Traumatic Birth?

A: A traumatic birth occurs when complications during labor and delivery cause significant physical or psychological harm to the mother, baby, or both. A traumatic birth for infants often includes injuries like brain damage, nerve damage, broken bones, or oxygen deprivation, leading to long-term disabilities. For mothers, trauma may involve hemorrhaging or the need for emergency surgical interventions. Emotional trauma, including post-traumatic stress disorder, is also an aspect of these cases.

Q: How Long Do You Have to Claim for a Birth Injury?

A: The statute of limitations varies by state. In California, parents typically have three years from the date of the injury or one year from its discovery to file a medical malpractice claim. However, when the injured party is a child, the deadline is often extended. A birth injury lawyer can make sure your case is filed within the legal time limits.

Hire a Birth Injury Lawyer

Let Kenneth M. Sigelman & Associates pursue justice and secure the financial support your child needs. Contact us today to schedule a consultation.

Oceanside, CA Birth Injury Resources

What to Expect From a Birth Injury Lawsuit in California?

Most Common Birth Injuries in California

When Should You Contact a Birth Injury Lawyer in San Diego, CA?

Birth Injury Statute of Limitations California Explained

How To Prove Medical Malpractice in California?

What is the Difference Between Medical Malpractice and Negligence in California?