What is a Birth Injury Lawsuit?
If you want to file a birth injury lawsuit, let’s take a closer look at what it is and all the important details.
Read on.
Introduction
Every expecting mother has dreams of having a healthy, bright, beautiful baby – and this is generally an exciting time for the parents-to-be. Quite often, things go exactly as planned and life is good.
Unfortunately, not every mother gets to see her dreams come true. Sometimes things just happen inside the womb and genetically that can lead to birth defects and stillborn babies. This is out of the hands of most doctors and medical professionals.
Then there are those times when a birth injury occurs – a time when it is a result of the actions of a professional. When the health of the baby or the mother begins to decline, things need to move fast. And while some birth injuries are the result of congenital or hereditary diseases that may be triggered by certain environmental factors, some are the result of medical negligence. When this happens, you may be able to file a birth injury lawsuit.
Uncovering Birth Injuries
A birth injury is a physical injury that happens during pregnancy and childbirth – and the injured party can be either the newborn baby or the mother. It is often broken down into three main categories:
- Orthopedic injuries
- Nerve injuries
- Brain damage
Birth injuries often occur when the doctor, hospital, or care provider doesn’t provide reasonable care, such as controlling blood pressure or ensuring that the baby is getting enough oxygen. If a cesarean is necessary but isn’t performed in a timely manner or, if used improperly, a baby is injured using forceps or a vacuum.
There are so many actions that need to take place during pregnancy and birth to ensure that the baby is born healthy and happy. And when professionals fail to perform their duty, life-altering results can happen.
Below is a list of common birth injuries that parents face:
- Oxygen deprivation
- Cerebral palsy
- Facial paralysis
- Birth hypoxia
- Cephalohematoma
- Cesarean-related injuries
- Fractured collar bones (or other broken bones)
- Brachial Plexus
- Infections
- Lacerations
- Caput Succedaneum (swelling of the skull)
- Hemorrhages
- Perinatal Asphyxia
- Spinal cord injuries
Filing a Birth Injury Lawsuit
If you and your baby have been impacted as the result of birth trauma, then you may have a case. It is best to seek legal representation before doing so. Your attorney will be able to review any medical records, talk to experts, and uncover the facts before deciding how to move forward with the claim.
What happens once this is done? It will vary based on your case and the parties involved, but below is a very brief overview of how a birth injury lawsuit works.
Your lawyer will put together the lawsuit with the valid claim and the facts surrounding it. It will then be filed with the appropriate California court. Once this is done, the defendant (often a hospital, medical care facility, or healthcare provider) will have 60 days to respond.
Discovery usually goes back and forth for a while, including written documents as well as depositions. This is how both sides obtain more information to help them put together their case. Various motions may be filed as well. But throughout the whole process, the parties will almost always try to reach a resolution/settlement so that the case doesn’t have to go to trial. Sometimes it works, sometimes not.
Going to trial can be very expensive and there is always going to be a winner and a loser. Your attorney will be able to determine what type of settlement makes sense or if going to trial is necessary.
The entire legal process can last months – even years – to come to a close.
Statute of Limitations on Filing
Can you file a birth injury lawsuit at any time? No. The statute of limitations in California will determine how long you have to file a claim – so knowing how it applies to you is important if you intend on doing so.
As the mother, you have one year from the date of the birth injury to file a claim. In doing so, you may be able to receive financial assistance in caring for the child until he or she is 18 years of age.
As the injured child, you will have until 8 years of age to file a claim. This is allowed since developmental and cognitive damage is not always known within that first year. More time then is given to see how the birth injury truly impacted the child before proceeding with a claim.
There is one important thing to note when it comes to the statutes of limitations. According to the laws of California, if you are filing a claim against a county hospital or a public healthcare provider, you only have 6 months from the injury to advise them of your intent to file.
Why You Need a Lawyer
If your child was injured at birth, then there is no exception when it comes to filing a lawsuit. It needs to be done. However, it is best to not try to do it alone. Most doctors, hospitals, and other medical care facilities have a legal team that will be hard for an unrepresented individual to stand up against.
By taking the step to hire an experienced birth injury lawyer, you are giving yourself the best chance for a favorable outcome. An attorney will review your case to ensure you have a good, solid claim as well as collect the expert knowledge and the facts to back it up. Your attorney will also be able to give you an idea of a settlement that will fit your case – so that you know what you can expect.
Conclusion
Suffering the loss of your child or the pains and struggles that both you and your child have had to face as a result of birth injury is not something anyone should have to go through. Unfortunately, it happens more than we realize.
If you find yourself in this situation, it is important to protect your rights and the rights of your child while also holding medical professionals accountable for their actions. You can do this with the right lawyer on your side.
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