Vista Birth Injury Lawyer

Birth Injury Attorney in Vista, CA

Parents walking with a child through birth trauma can be frightening, leaving you with questions and concerns for the future. The Vista birth injury lawyers of Kenneth M. Sigelman & Associates understand your concerns. We’re ready to fight by your side to seek the justice and financial support you need to protect and care for your child.

What Is a Birth Injury?

Sometimes, birth injuries are unavoidable. In many cases, however, they happen because a medical professional failed to provide a certain standard of care.

A birth injury includes any harm a baby suffers during the labor stage, delivery, or shortly after birth. Birth reports demonstrate that seven out of every 1,000 deliveries result in a birth injury.

Some examples could include:

• Broken bones or nerve damage during the delivery process, making up 15 out of 1,000 births
• Brain damage due to a lack of oxygen
• Delayed diagnosis of the baby’s distress
• Cerebral palsy linked to medical mistakes

If you believe medical negligence played a role in your child’s health concerns, the Vista birth injury attorneys of Kenneth M. Sigelman & Associates can review your claim and determine its viability.

Common Causes of Birth Injuries

There are many reasons why a birth injury can occur. While some are unavoidable, many result from preventable medical errors.

Some of the common examples of medical negligence surrounding a child’s birth include:

• Delayed C-section. Waiting too long to do a cesarean section can deprive the baby’s brain of oxygen. The increase in C-sections over the past 30 years has decreased the amount of birth trauma overall.
• Medication errors. Using incorrect drugs or too much of them when inducing labor or managing pain can be catastrophic.
• Failure to monitor. The birthing process requires constant monitoring. Not recognizing signs of fetal distress, such as irregular heart rate, can lead to serious consequences.
• Improper use of delivery tools. Trauma may be caused by using forceps and vacuum extractors incorrectly.
• Poor communication. Staff failing to communicate during an emergency can lead to complications or failure to properly care for the mother and baby.

California Laws on Birth Injuries

California has a strict statute of limitations on birth injury claims. Parents can file a birth injury claim up to three years after the birth or within one year of the injury’s discovery.

There must be proof that the healthcare professional or hospital failed to meet a certain standard of care. You’ll also need to show that failure to meet this standard directly resulted in your child’s injury.

Some damages may be capped, but there is no cap for recovering medical bills, long-term care, and pain and suffering.

The Steps for Filing a Birth Injury Claim

Filing a birth injury claim can feel intimidating, but you don’t have to do it alone. Kenneth M. Sigelman & Associates helps families through each stage of filing a birth injury claim.

First, we review your case during an initial consultation to determine if your claim has legal merit. We then begin collecting evidence and medical expert opinions. Strong evidence is key to the success of these cases.

Once we’ve built our case strategy, we begin negotiating with insurance companies to come to a settlement agreement. If a settlement can’t be reached, we’re prepared to take your case to court to present evidence before a judge and jury.

Our team fights for maximum compensation to cover your child’s past, present, and future medical needs. Your family’s financial security remains the top priority.

Hire a Birth Injury Lawyer

When you work with Kenneth M. Sigelman & Associates, you get a trusted partner during a difficult time in your life. Clients trust our team because of our extensive experience in fighting for families facing serious medical malpractice cases.

We’re familiar with the insurance teams from local medical providers, as well as the Superior Court of California, County of San Diego. We treat every case with the compassion and respect it deserves.

Our team works on a contingency fee basis, which means you don’t pay anything unless we win your case.

FAQs

How Much Is the Average Birth Injury Settlement?

The average birth injury settlement varies greatly depending on the seriousness of the injuries. Severe cases like brain damage or permanent disability result in much higher settlements. Compensation is meant to cover medical care, rehabilitation, and lifelong assistance. It can also cover pain and suffering. Birth injuries can affect the child’s entire future. Therefore, these types of settlements tend to be higher than other malpractice cases.

How Long After a Birth Injury Can You Sue?

In California, parents typically have up to three years from the birth injury date to file a legal claim. If the injury wasn’t discovered right away, there are some exceptions to this rule. Missing deadlines can mean losing your right to pursue compensation. It’s important to contact a birth injury attorney as quickly as possible after the incident to protect your child’s rights and future.

What Is the Compensation for Birth Trauma?

Compensation for birth trauma depends on the severity of the injury and its long-term effects. Damages can include payment for past and future medical expenses, rehabilitation, and lost earning potential. Non-economic damages are capped in California. Economic damages, such as medical bills and care costs, are unlimited. A birth injury attorney helps determine potential compensation.

What Not to Say to an Injury Lawyer?

When talking with an injury lawyer, don’t say anything that can harm your case. Don’t admit fault or exaggerate details. Never pass on medical treatment or say that you don’t need it. Hiding past injuries, medical history, or accidents can also hurt your case. Just focus on being honest, clear, and cooperating with your lawyer so they can build the strongest case possible.

Vista Birth Injury Lawyer

Contact Kenneth M. Sigelman & Associates today to schedule a free consultation. Let us help you better understand your rights under California’s birth injury laws and fight for the compensation your family deserves.

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?