The moments during and after birth should be filled with joy and promise. But when medical errors or negligence cause injury to a mother or baby, it turns those hopes into heartache. If a birth injury in California has impacted your family, you likely have many questions about what happens next.
Stalwart Law Group has decades of experience guiding clients through birth injury cases. Our team of talented and dedicated attorneys is available to give you personalized and strategic attention. Call our offices today at 310-954-2000 for your free consultation.
Understanding Birth Injuries in California: A Guide for Families
This guide covers key aspects in plain language to help you understand more about birth injuries in our state. We’ll explore:
- What constitutes a birth injury
- Common types of birth injuries
- Getting medical care and support
- Options for taking legal action
- Finding emotional support
We aim to equip you with knowledge and point you toward resources without overwhelming them. Let’s get started.
Defining Birth Injuries
A birth injury refers to damage caused to the mother or baby during the labor and delivery process. These injuries can occur both when a birth is vaginal or via c-section. Birth injuries typically fall into two main categories:
- Injuries to the baby (newborn or fetus)
- Injuries to the mother
Newborn and fetal injuries often happen when medical providers fail to follow proper protocol or make errors during delivery. Additional risk factors like the baby’s size or the mother’s health conditions can also come into play.
Maternal birth injuries most frequently occur during traumatic deliveries that cause physical damage. Excessive bleeding (hemorrhage) or injuries to internal organs are common types of maternal injuries.
No matter what type of injury occurs or the specifics of what went wrong, the consequences can be severe and long-lasting. Families cope with emotional grief, expensive medical treatment, lost income, and more.
If negligence caused the injury, holding the responsible parties accountable is essential. Later, we’ll cover options for taking legal action in California. First, let’s look closer at the most common newborn and maternal birth injuries.
Common Newborn Birth Injuries
Medical literature classifies birth injuries to babies as “neonatal birth trauma.” This encompasses a range of damage that occurs during labor and delivery. Examples include:
- Bone fractures,
- Nerve damage (brachial plexus injuries),
- Brain bleeding (intracranial hemorrhage),
- Spinal cord injuries,
- Brain injuries (such as hypoxic ischemic encephalopathy),
- Facial paralysis.
While fractures and bleeding often heal, nerve damage can result in partial or total loss of functionality. This is why proper medical care right away is vital.
Two types of nerve injuries warrant special mention…
Brachial Plexus Injuries appen when nerves running from the neck to the hand/wrist get overstretched or torn. Since the brachial plexus controls arm and shoulder movement, damage results in a lack of mobility and muscle control. Surgery, therapy, and assistive devices help manage this.
Facial Paralysis
Pressure on a baby’s face during delivery can harm the facial nerve, resulting in a lack of facial muscle control. Physical therapy sometimes restores function.
Broadly speaking, when birth trauma affects any body system – nervous, skeletal, muscular, etc – the impacts can be lifelong. After emergency treatment, continuing rehab/medical care is typically needed.
Common Maternal Birth Injuries
Childbirth puts enormous strain on a woman’s body. Labor and delivery difficulties substantially increase the risk of injury. The most frequent maternal birth trauma includes:
- Perineal tears – tearing of the tissue between the vagina and anus
- Postpartum hemorrhage – heavy bleeding after birth
- Uterine rupture – a tear in the uterus wall
- Vaginal lacerations
- Pelvic bone fractures
- Injuries to the bladder or bowel
Severe tears or ruptures often require corrective surgery. Heavy blood loss also may need an emergency blood transfusion or hysterectomy.
Like birth injuries in newborns, damage from maternal birth trauma can be temporary or permanent. Pain, infection risk, infertility, or problems with sexual function are possible long-term effects.
Getting Proper Medical Care
As highlighted so far, birth injuries vary widely in severity. While minor trauma heals quickly, moderate to significant damage necessitates intensive treatment. This is why securing appropriate medical care is paramount after a diagnosis.
Ideally, early detection and intervention help mitigate adverse outcomes. But even less serious injuries benefit from professional evaluation. Here are the steps to take:
- Seek emergency care – If mom hemorrhages or the baby has trouble breathing, call 911. Otherwise, go to the ER promptly.
- Follow doctor recommendations – This typically involves consultations with specialists and possible corrective surgery.
- Ask about rehab & therapy – For nerve damage, paralysis, etc, practicing movement is critical.
- Research treatment options – Consider alternative treatments that insurance may not cover.
- Address mental health – Counseling helps process grief and trauma resulting from injury.
Pursuing Legal Action
California mothers have the right to a safe birthing experience, and newborns deserve careful handling by adequately trained staff. When preventable mistakes cause injury, families can take legal action to hold negligent parties liable.
The first step is to review your legal options…
Understanding California Law
The state has codified laws explicitly dealing with birth injury litigation. Under California statute, in general you must file a lawsuit
- Within three years of the birth injury date, or within one year of when you knew or should have known of the negligence – whichever occurs first.
This applies to the mother. A child who suffers a birth injury may have up to his eighth birthday to file a lawsuit.
Exceptions exist if…
The injury wasn’t detectable at birth
- Its cause was unknown until later due to fraud
- Defendants blocked access to records to hide the malpractice
In these scenarios, the case can sometimes proceed outside the regular timeline. However, in some situations for both the mother and baby, the statute of limitations can also be as little as 6 months.
It’s critical to act promptly and not exceed theCalifornia statute of limitations. An experienced birth injury lawyer familiar with California law can advise you on the viability of your potential claim.
Building a Strong Case
In birth injury litigation,birth injury attorneys must demonstrate:
- The actions/errors that constituted negligence
- The specific damage resulting from said negligence.
To accomplish this, lawyers typically:
- Gather medical records + professional testimony
- Interview Involved healthcare staff
- Request all prenatal/postnatal files
- Research hospital policies + standards
Discovery lays the groundwork for arguments on cause, effect, and accountability. It also helps determine all responsible parties – doctors, nurses, anesthesiologists, etc.
The litigation process provides answers and justice. But it can be slow, complex, and stressful. An attorney shoulders this burden for families.
Finding Emotional Support
Coping with a birth injury turns joyful beginnings into hardship and heartache. Families experience deep grief over harms that can’t be undone. Processing the range of emotions this stirs up takes time and support.
Seeking professional counseling is wise for both parents and affected children. Support groups also provide connections with others facing similar struggles. Additional ideas include:
- Talking openly with friends + family
- Practicing self-care and stress relief
- Focusing on your child’s abilities vs limitations
- Celebrating small milestones in healing
- Finding purpose in advocating for change.
Remember, what happened wasn’t your fault. Concentrate on accessing resources that nurture mental wellness for you and your loved ones.
Frequently Asked Questions
Choosing a Birth Injury Lawyer
Don’t hesitate to contact our talented and knowledgeable birth injury lawyers at Stalwart Law Group to protect your rights and your child’s future. Our attorneys have graduated from top law schools and are prepared to support you and your case. Justice may be a long process, but the outcome and results our attorneys achieve can make a tremendous difference for your family. Call us today for more information at 310-954-2000.
* The articles provided on the Stalwart Law website are for informational purposes only and are not intended to be used as professional legal advice or as a substitute for legal consultation with a qualified attorney.