Santa Ana Birth Injury Attorney
A new child being born should be a cause for celebration for any family, but a birth injury of any kind can result in tragedy for the family. If you have recently experienced a birth injury in Santa Ana, it is vital to know your options for legal recourse and the value of working with an experienced Santa Ana birth injury lawyer in your recovery efforts.
Compassionate Legal Counsel for Birth Injury Claims in Santa Ana, CA
When you have experienced a birth injury due to the negligence of any medical professional, this can form the basis of a medical malpractice claim. The attorneys at Kenneth M. Sigelman & Associates have successfully helped many clients resolve all types of medical malpractice cases in Santa Ana, and we are ready to put this experience to work in your birth injury claim.
A medical malpractice suit is a type of personal injury claim, but there are certain rules that apply to these cases pertaining to filing requirements and the compensation available if you succeed with your claim. Our goal for every client we represent in Santa Ana is maximum recovery in the shortest possible timeframe. We can help you gather the evidence needed to establish fault and to prove the full extent of the damages your Santa Ana family suffered.
If you attempted to handle your claim on your own, you would be contending with strict court filing rules while managing the medical effects of the injury. Instead of risking your recovery, it is vital to consult with a Santa Ana birth injury attorney you can trust as soon as possible. With their help, you can maximize your family’s recovery in an efficient manner.
Building a Birth Injury Claim in Santa Ana
A birth injury claim falls under the purview of medical malpractice, and to file a medical malpractice suit in California, you must obtain an expert witness statement from a medical professional who holds similar or greater board certifications to that of the defendant. This individual must provide a sworn statement explaining how the defendant breached the standard of care required for your childbirth procedure.
The plaintiff in a medical malpractice suit must submit this expert witness statement along with advance notice of their intent to file a claim to the defendant before they actually submit the claim to the court. The plaintiff must also provide a complete list of all the damages they are seeking from the defendant.
Your Santa Ana birth injury attorney can help you calculate economic damages such as the cost of corrective medical treatment needed after the injury, lost income if you were unable to work because of the birth injury in question, and any other related financial losses resulting from the defendant’s actions. Additionally, you have the right to claim pain and suffering compensation, but state law limits how much you are allowed to claim.
Kenneth M. Sigelman & Associates approaches every medical malpractice case we accept with the goal of helping our client recover as much compensation as possible in the shortest possible timeframe. You can rely on our firm to help you build your case, meet all filing deadlines, and uncover all channels of compensation available in your claim.
Q: What Are the Most Common Types of Negligence That Cause Birth Injuries?
A: It is possible for a birth injury claim to pertain to various types of negligence, such as failure to monitor patient vital signs, incompetently performed surgery, medication errors, excessive force during delivery, or causing cerebral palsy from brain damage inflicted before or during childbirth. If you are unsure whether you have grounds to file a claim, consult a Santa Ana birth injury attorney as soon as possible.
Q: How Long Do You Have to File a Birth Injury Claim in California?
A: The standard statute of limitations for medical malpractice in California is three years from the date an injury occurs, but the statute works differently for birth injuries. The parents of an injured child have until the child turns eight years old to file their claim. The statute of limitations does not technically start until the child’s sixth birthday. While this statute of limitations may seem generous, it is important to file your claim as soon as possible.
Q: How Much Compensation Can I Claim for a Birth Injury in Santa Ana?
A: The total potential value of a birth injury claim in California can include the medical expenses resulting from the injury in question, including all future medical expenses the family will incur for ongoing care the victim requires. If a parent must leave their job to care for an injured child, they can seek compensation for lost income and lost future earnings. It is also possible for the plaintiff to claim compensation for pain and suffering up to the limit enforced by state law.
Q: Why Should I Hire a Santa Ana Birth Injury Attorney?
A: Hiring legal counsel for your birth injury claim may not be strictly required by law, but you are more likely to succeed with your case and more likely to maximize your total compensation with an attorney’s help. Your legal team can help you meet all the procedural requirements of your case and expose all available avenues of compensation to maximize your case award. They can also help you resolve your case more quickly than you could manage alone.
Q: How Much Do Santa Ana Birth Injury Attorneys Cost?
A: Kenneth M. Sigelman & Associates provides legal representation in medical malpractice cases on a contingency fee basis. When you have a contingency fee agreement with your attorney, you only pay a fee if and when they win your case, and your fee is a percentage of the total compensation the attorney recovers on your behalf. There are no upfront legal fees, and you pay nothing if our team cannot obtain compensation on your behalf for any reason.