Birth Injury Under California Law
The moments following childbirth should be filled with joy and celebration for any family. Yet for some, complications during labor and delivery result in devastating and preventable harm to the infant – termed legally as a “birth injury”.As you read this, imagine yourself in the shoes of parents who entered the hospital anticipating pure bliss, only to have their world turned upside down by medical errors. It’s an emotional rollercoaster marred by trauma, grief, and often grave financial strain. While the laws cannot fully restore what was lost, they do provide families the right to seek justice, accountability and compensation from those responsible. For residents of California, understanding these laws is the first step on the path to securing your child’s future.
Stalwart Law Group has decades of experience guiding clients through birth injury cases. Our team of talented and dedicated attorneys are available to give you personalized and strategic attention. Call our offices today at 310-954-2000 for your free consultation.
Defining Birth Injuries in the Eyes of the Law
Under California medical malpractice law, a birth injury refers to any physical harm a baby suffers during the birthing process that can be linked directly back to an act of negligence by a healthcare provider. The state recognizes both acts of commission (when a doctor or nurse does something improper) and acts of omission (when they fail to perform some critical task) as grounds for legal action. The severity of these injuries varies widely – from mild bruising all the way to catastrophic conditions like cerebral palsy, Erb’s palsy, bone fractures, and hypoxic brain damage. The latter two are some of the most devastating, often resulting in permanent disability.
Unraveling the Nuance Between Complications and Negligence
In the complex realm of labor and delivery medicine, drawing a straight line between natural complications and medical errors can be tricky. As a family searching for answers, here are key markers that suggest negligence may have played a role:
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The injury or condition is rare and unexpected given an otherwise low-risk pregnancy
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There were noticeable delays in delivery during fetal distressImproper use or lack of use of vacuum extractors, forceps, or other instruments
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Failure to prepare for foreseeable complications like shoulder dystociaLack of informed consent around procedures or medications for the mother
When trying to prove negligence, having a seasoned birth injury lawyer in your corner is invaluable, especially when up against the savvy legal teams of hospitals and insurance companies.
Steps to Take in Pursuing Legal Action in California
1. Document the Trauma
Create a detailed account of your birthing experience while details are still fresh. Provide clear sequencing of events leading up to the birth injury, taking note of any suspicious activity by doctors, strange silences when questions are asked, noticeable scrambling, or attempts to cover up mistakes. These are all warning signs of negligence.
2. Gather Evidence
Collect as much tangible evidence as possible. This includes medical records of prenatal care, birth logs, medical charts, laboratory results, imaging scans showing damage, and any accompanying opinion reports by professionals. Also document costs of ongoing medical care.
3. Choose an Attorney Knowledgeable in Birth Injuries
Find a lawyer intimately familiar with birth trauma cases who can shoulder managing interactions with doctors and hospital legal teams while you focus on your child. They will navigate the complexities around medical codes, standards of care, proving causation, and legal time limits unique to birth injury cases.
4. Understand the Statute of Limitations
In California, you typically have 3 years from the date when injury was discovered to file a lawsuit. In the case of minors, they have until age eight, or three years after connecting the injury to malpractice – whichever is earlier. Navigating these time limits is tricky, so start the process quickly.
What Damages Can Be Claimed in Birth Injury Cases?
No amount of money can erase the agony of seeing your child endure a lifetime of disability and dependence. But financial compensation can greatly aid their ongoing care, recovery, and quality of life. Under California law, damages that can be claimed include:
Past and future medical expenses – From initial hospital bills all the way to lifelong care
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Rehabilitation and therapy costs
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Lost future income
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Pain and suffering
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Emotional distress
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Loss of consortium – Impact to relationship between parents
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Punitive damages – If negligence is severe enough
Birth injury lawyers leverage lifecare planners to quantify lifetime costs which often exceed millions given today’s healthcare costs. Though money cannot reverse trauma, it can offer brighter possibilities ahead.
Why Emotional Distress Matters Too
A child’s birth injury naturally also inflicts heavy emotional wounds onto parents arising from feelings of guilt, anxiety, trauma, depression, and relationship strain. Though intangible, California courts allow parents to make claims for emotional distress during birth injury proceedings. While monetary settlements aim primarily to cover the child’s extensive care, they also account for the far-reaching ripple effects on the family. Finding an attorney well-versed in trauma psychology aids in conveying the true depth of devastation critical for just compensation.
Common Legal Defenses You May Encounter
It’s imperative to equip yourself for commonly used defenses unleashed by insurance company lawyers seeking to disprove accountability. These include:
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Disproving negligence – Claiming all relevant protocols were followed
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Challenging causation – Attributing injury to underlying conditions
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Questioning the extent and permanency of damages
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Arguing the statute of limitations has expired
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Accusing parents of contributory negligence – That you somehow caused or aggravated injuries during pregnancy putting you partially at fault
A seasoned birth injury lawyer helps overcome these argument strategies that add insult to injury. Having one by your side levels the playing field securing the best outcomes physically, emotionally, and financially.
Seeking Wholeness Beyond Just Financial Recompense
Though just financial compensation plays a crucial role, families can also benefit tremendously from:
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Counseling and peer support groups dealing specifically with birth trauma. These help alleviate the emotional toll and longevity of PTSD symptoms
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Innovative medical rehab and physical therapy leveraging recovery neuroscience giving children the best chance at function
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Government assistance programs providing additional support with disability care costs including those offered by MediCal
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Private non-profits focused on funding medical equipment, disability sports, camps and adventurous activities improving quality of life
While the legal dimension is critical, healing must transcend to all aspects of family life disrupted by these devastating events. Support is available, and you need not make this journey alone.
Frequently Asked Questions
1. What key details should I document surrounding my child’s birth injury?
Meticulously record chronological events during delivery, any medical errors or concerning behavior you observed, details around your child’s diagnosis, injury costs, and impacts to family life.
2. What types of birth injuries are most common in California?
Cases often involve cerebral palsy, Erb’s or Klumpke’s palsy, bone fractures, brachial plexus and other nerve damage, and hypoxic brain injury. Discuss your specific case with a medical specialist.
3. At what point should I contact a lawyer after my child’s birth injury?
You only have a short period to take legal action so engage with a qualified birth injury attorney immediately who can spearhead interactions with doctors and hospital legal teams.
4. How are damages calculated in birth injury cases?
Attorneys engage lifecare planners and healthcare economists to assess required medical treatments year-by-year long-term. Lost future income and other damages boost totals beyond millions in serious cases.
5. What is considered medical malpractice during child delivery?
From improper use of birthing instruments to inadequate fetal heart monitoring, delayed emergency C-sections, medication errors, lack of informed consent, and failure to prepare for complications – all constitute malpractice.
A Future Free from the Shadow of Birth Injuries
Imagine a world where birth injuries have faded into memory - where doctors are judicious, hospitals diligent, and every child is shepherded gently into loving arms. This dream remains distant, but progress driven by past traumas inches us closer through improving protocols, safety practices and accountability measures. Family legal action plays a vital role in spurring this change. For those presently dealing with these devastating realities – take heart that support exists, brighter days await, and other families stand shoulder to shoulder with you in spirit as you soldier ahead.
You are not alone. Stalwart Law Group has decades of experience guiding clients through birth injury cases. Our team of talented and dedicated attorneys are available to give you personalized and strategic attention. Call our offices today at 310-954-2000 for your free consultation.