What Should You Do If Your Baby Suffered a Birth Injury?

Navigating a Birth Injury 

The moment you first hold your newborn baby is meant to be filled with joy and promise. But when your child suffers an injury during the birthing process, that experience can quickly shift to confusion, distress, and an avalanche of questions.

What exactly happened? Why did this occur? What are the next steps? Who will pay for their care? You may feel overwhelmed, but support and answers are available.

This article provides an overview of birth injuries, your legal rights, and how an experienced birth injury lawyer can help your family pursue accountability and compensation, while you focus on getting your baby the medical care they urgently need.

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. 

Mom in hospital bed holding newborn baby with birth injury

Understanding Birth Injuries

A birth injury refers to any harm or damage that occurs to an infant during the labor and delivery process. While not always preventable, these incidents frequently stem from medical errors or negligent oversight by healthcare providers.

Birth injuries can range widely in severity, from minor trauma to devastating harm with lifelong implications. Common examples include:

  • Brain damage

  • Broken bones

  • Nerve damage

  • Spinal cord injuries

According to sobering statistics, birth injuries impact 31.1 out of every 1,000 hospital births nationwide. Behind each statistic is a child facing unimaginable challenges and parents left wondering what recourse they have.

Navigating the Aftermath of a Birth Injury 

In the chaotic aftermath of discovering your newborn’s injury, it is essential to:

  • Seek immediate emergency medical care

  • Gather as much documentation and evidence as possible

  • Understand your legal rights and options

An experienced birth injury lawyer can provide invaluable guidance on these fronts while you focus on your baby’s pressing health needs.

Legal Representation Offers Critical Support

The complexity of birth injury cases demands legal advocates who fully grasp both medical intricacies and legal nuances. An attorney well-versed in this field can:

  • Conduct a thorough investigation into what happened and determine if negligence played a role

  • Assemble a cohesive timeline of events based on medical records

  • Consult medical experts to review your child’s care and injuries

  • Advise if grounds exist to pursue a claim or lawsuit

  • Handle complicated negotiations and litigation

In essence, they tackle the legal load so you can be emotionally and physically present for your child during an incredibly sensitive time.

Financial Support for Ongoing Medical Care

Another key benefit an experienced birth injury lawyer provides is assessing what compensation your child requires now and into the future. Funds secured can pay for:

  • Hospital bills and medical expenses

  • Rehabilitative and therapeutic care

  • Special education needs

  • Adaptive equipment like wheelchairs

  • In-home nursing care

  • Loss of future earnings

By calculating both current and future medical costs, settlement demands and awards can provide financial support when families need it most.

What Makes a Strong Birth Injury Claim?

Several key factors determine the viability and strength of a birth injury claim or lawsuit, including:

  • Clear evidence of negligence by one or more medical providers

  • Significant harm to the infant that produces lifelong impairment

  • A direct connection between the negligent action and injury sustained

  • Economic damages like medical bills and lost future income potential

  • Non-economic damages covering pain and emotional distress

An accomplished birth injury lawyer thoroughly explores these dynamics while gathering persuasive evidence to demonstrate why the at-fault party should be held legally and financially accountable.

Navigating Complex Laws and Strict Deadlines

Other intricate legal issues also come into play, which underscore the value of retaining legal counsel rapidly after the incident. For example:

  • Statutes of limitations dictate strict deadlines to take legal action or forfeit your rights. In California, families generally have two years from the birth injury date to file.

  • Laws around medical malpractice damage caps and comparative fault further emphasize the importance of strategic legal guidance.

Preparing for Your Child’s Lifelong Care

Securing compensation not only funds immediate care, but also provides safety nets for the future given most birth injuries yield permanent impairment. To safeguard funds, reputable birth injury attorneys recommend:

  • Establishing special needs trusts

  • Assigning neutral third-party trustees

  • Investing funds conservatively

  • Covering supplemental needs not accounted for elsewhere

Taking these proactive steps helps ensure financial resources stretch over the duration of a child’s lifetime.

Why Choose Stalwart Law Group?

Stalwart Law Group has an established history of helping California families pursue birth injury cases by blending keen understanding of medical complexities with nuanced legal experience. Core tenets that set our firm apart include:

  • Laser focus on the best interests of injured children

  • Willingness to take on formidable opponents

  • Compassionate support for families through turbulent times

  • Securing top expert witnesses to strengthen claims

  • Handling negotiations, litigation, appeals with equal dexterity

  • Commitment to justice for those harmed by negligent actions

In the wake of a birth injury, an arduous road lies ahead. With Stalwart Law Group as your partner, you do not have to walk it alone. Allow our compassionate legal team to shoulder some of the burden while you nurture your child toward the brightest future possible.

Newborn baby and mom in hospital bed after suffering birth injury

Frequently Asked Questions

If you are confronting a birth injury, some common questions that may arise include:

1. How can I determine if my case warrants legal action? 

Seek counsel from an attorney to review what happened during labor and delivery, assess medical records for negligent care, and provide guidance on next steps.

2. What might a settlement or award cover? 

Funds can account for a wide span of current and future medical costs, rehabilitation services, life care planning, home modifications, loss of wages, and Consortium claims on behalf of parents.

3. What types of evidence help support a strong claim? 

Medical records, test results showing the extent of injuries, expert opinions, and economic analyses of lifetime medical costs carry significant weight.

4. Could any compensation my child receives impact their government benefits? 

Yes, it is crucial to protect funds through special needs trusts and benefit planning advice from lawyers.

5. How much time do I have to pursue legal action in California?

Generally, patients have two years from the date of a medical injury to file a claim. Acting rapidly is essential to avoid forfeiting legal rights.

The Stalwart Law Group Difference

At Stalwart Law Group, our attorneys devote their practice solely to birth injury litigation and lifecare planning—making us California’s premier specialists in these realms. We combine:

  • In-depth understanding of labor/delivery procedures

  • Proven experience handling complex medical malpractice claims

  • Compassion for injury victims plus commitment to justice

  • Laser focus on securing funds for child’s care now and in the future

If your newborn or infant suffered harm due to substandard medical care, we can investigate what occurred, advise if grounds exist to hold providers accountable, and handle legal proceedings while you aid your child’s recovery. Contact us for trusted counsel and steadfast support during this challenging chapter.

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 310-954-2000for your free consultation. 

* 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.  

Related Articles

Scroll to Top