Los Angeles Birth Injury Lawyers
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Los Angeles Birth Injury Lawyers Help You Know Your Rights After An Injury
Nothing is more rewarding for parents than seeing their newborn child safe and healthy. While relatively uncommon, birth injuries and deaths are still a medical problem, even in big modern cities like Los Angeles. Some of these injuries and fatalities are due to medical negligence. Arash Law’s Los Angeles birth injury lawyers can help you determine if you and your child suffered from such malpractice and whether you can pursue compensation. Set a free initial consultation with our legal team without any obligation by calling (888) 488-1391.
Millions of infants are born in the US each year. Even a tiny percentage of those babies sustaining birth injuries is already devastating to think about. Most of these injuries occur when the baby is not delivered correctly or on time, either by natural birth or by cesarean section, or when the infant isn’t closely monitored after birth. Regardless, this can have catastrophic effects on the entire family.
Our Los Angeles lawyers, who handle birth injury accidents, among other personal injury cases, can guide you through the legal system. Our Los Angeles birth injury attorneys at Arash Law can help you file a claim against liable parties. Complete our “Do I Have A Case?” form to learn if you have a valid claim.
Settlement in a Wrongful Death Motor Vehicle Accident – largest Wrongful Death Settlement in Monterey County in 2020 – Top 20 Wrongful Death Settlement in California for 2020;– JUDD ROSS ALLEN
How Can Our Los Angeles Birth Injury Lawyers Help?
It’s vital to evaluate how viable your birth injury case is before taking any legal action. The Los Angeles birth injury lawyers from Arash Law will help you determine how strong your claim is. From gathering evidence and establishing liability to proposing a settlement and negotiating with insurance providers, our attorneys can help you navigate the legal process. More importantly, our lawyers can represent you in court if a fair resolution cannot be reached through settlement discussions.
No words can describe the pain when your newborn suffers from preventable injuries due to medical malpractice. We sympathize with you and are here to help. Our birth injury lawyers in Los Angeles can provide you with the following:
- Knowledge of Birth Injury Laws — Our attorneys possess extensive knowledge of the legal complexities and medical aspects involved in birth injury cases, honed by many years of experience.
- Investigation of Medical Records — We conduct a comprehensive investigation of your and your newborn’s medical records, including prenatal care records, ultrasounds, test data, and fetal heart monitor strips.
- Connection with Medical Professionals — In building a solid case, we have the resources and access to a network of medical experts to meticulously review the negligence or medical malpractice that led to the injury.
- Negotiation with Insurance Providers — Our attorneys negotiate fair settlements to cover the damages you incurred, as allowed under California law. We will take your case to court if negotiations with the insurance company fail to generate a satisfactory settlement.
- Personalized Approach — Our lawyers understand the delicate and emotionally taxing nature of the situation. We know that each case is unique, and we tailor our approach to meet the client’s specific needs.
- Contingency Fee Arrangement — Our attorneys take on injury cases on a contingency fee basis. This means you don’t have to pay lawyer fees upfront, as we are only paid back if we win or settle your case. Our attorneys will discuss these fees and other case-related costs that may apply regardless of the outcome during your initial consultation and before you proceed with a claim.
If you or a loved one experienced a birth injury, the seasoned team of Los Angeles personal injury lawyers at Arash Law will provide the legal support and advocacy needed to seek and secure the compensation you deserve.
What Is A Birth Injury?
Birth injuries occur when a newborn baby is physically harmed during delivery or due to medical negligence. This usually happens during the baby’s passage through the birth canal. Some birth injuries resolve with little or no medical assistance, whereas others are more serious and may be life-threatening to the baby, the mother, or both.
When birth injuries occur as a direct result of a doctor’s or medical staff member’s negligent action or inaction during delivery, deviating from standard medical practices, it is deemed medical malpractice. In California, which follows a fault-based system, injured parties may be able to file a claim to pursue recovery for their losses. The experienced Los Angeles birth injury lawyers at Arash Law can guide families through this process.
Common Difficult Birth Conditions
- Premature Birth — A baby being born earlier than 37 weeks is considered a premature birth, which can lead to complex medical complications.
- Prolonged Labor — Otherwise known as a “failure to progress,” this occurs when labor lasts for more than 20 hours of contractions. Medication can help speed up labor.
- Large for Gestational Age (LGA) — A baby weighing more than 9 out of 10 babies (90th percentile) is considered large and can make the delivery process difficult.
- Cephalopelvic Disproportion (CPD) — This pregnancy complication happens when the baby’s head is too large to fit through the mother’s pelvis.
- Labor Dystocia — Labor dystocia includes the slow dilation of the cervix, the slow descent of the fetus during active labor, or the fetal shoulder entrapment following the head’s delivery.
- Abnormal Fetal Position/Presentation — The ideal position for an infant is headfirst. Otherwise, complications can occur, such as birth trauma and umbilical cord complications.
Common Types Of Birth Injuries
While childbirth is a delicate and complicated process, some injuries sustained by the mother and newborn can be recovered from normally. Sometimes, however, birth injuries can become so severe that they cause long-term health issues. In cases of substandard medical care or negligence on the part of the medical professional, you or your family can pursue birth-related injury claims and recover damages.
The following are common injuries our birth injury lawyers in Los Angeles help pursue a legal claim for:
Birth Injuries Sustained By Newborns
Despite the optimal care provided by medical professionals, newborns are always vulnerable and at risk of sustaining injuries when they are being delivered. The risk significantly increases if the assigned doctor or medical team is negligent. Our Los Angeles birth injury attorneys can help establish this negligence in a case backed by evidence.
Some of the birth-related injuries sustained by a newborn during childbirth include:
Marks Or Bruises From Forceps And Other Devices
Sometimes, during a difficult childbirth process, immediate actions are required. Medical personnel may use forceps to deliver the baby if labor is slow and the baby is distressed. Unsafe usage of this and other devices, such as a scalpel during cesarean section procedures, can bruise the newborn, causing various injuries.
Vacuum Delivery
A vacuum is another tool used by labor and delivery specialists in case of a difficult childbirth. This device speeds up birthing by advancing the baby through the delivery canal. Vacuum deliveries can injure the baby’s skull and complicate birth, so they need to be used cautiously.
Hypoxia, Anoxia, And Asphyxia
Hypoxia pertains to the reduced supply of oxygen to the newborn, while anoxia is the complete absence of oxygen. Asphyxia is the physiological result that can lead to potential organ damage due to oxygen deficiency.
Cerebral Palsy
Cerebral palsy is a neurological disorder that occurs when brain cells die due to oxygen deprivation caused by a traumatic or difficult childbirth. This condition affects muscle coordination, motor skills, reflexes, posture, balance, and body movement.
Brain Damage Or Intellectual Disability
Oxygen deprivation and other birth complications can lead to brain damage, which, in turn, can lead to long-term cognitive impairments or developmental delays, affecting the child’s physical or cognitive development milestones.
Caput Succedaneum
An external trauma or prolonged pressure on the baby’s scalp during vaginal childbirth typically results in a noticeable swelling that looks like a bump on the head shortly after the delivery. It usually resolves on its own after a month or so and is generally harmless.
Cephalohematoma
Typically caused by a difficult delivery, this condition is characterized by an accumulation of blood under the baby’s scalp in the subperiosteal space. It can be due to using birthing tools or having a prolonged birth.
Hemorrhage
The rupture of blood vessels during labor and delivery can lead to bleeding in and around the brain of a newborn, known as intracranial hemorrhage, which can result in various neurological issues and developmental delays.
Erb's Palsy (Brachial Plexus Birth Injury)
This condition happens when the brachial plexus nerves are injured during childbirth, affecting the movement of the newborn’s shoulder and arm. While many cases are minor and can heal on their own, serious cases can lead to paralysis or lifelong disability.
Facial Paralysis
Prolonged birth or incorrect use of forceps and vacuum delivery can paralyze facial nerves. Since infants are incapable of communicating what they feel, this impairment may not be obvious. At six to eight months, a sagging grin or inability to generate facial expressions may indicate this injury. If left untreated, permanent facial paralysis can occur.
Fractures
Birth-related fractures can occur during labor and delivery, typically when using forceps and vacuums, with the clavicle or collarbone being the most common fracture. They usually heal quickly on their own, but proper medical care remains essential.
Birth Injuries Sustained By Mothers
As a result of complications during labor and delivery, often caused by the negligence of a medical practitioner, an expecting mother can suffer several types of birth injuries. Our Los Angeles birth injury attorneys can help mothers establish liability and seek accountability for the following injuries:
Urinary Or Fecal Incontinence
The childbirth process can sometimes lead to urinary or fecal incontinence, resulting in involuntary leakage due to the damage sustained by the pelvic muscles or nerves during labor.
Postpartum Hemorrhage
Postpartum hemorrhage or excessive bleeding after childbirth can be caused by a variety of factors and can lead to severe complications if not promptly treated.
Injuries Due To Anesthesia
Certain complications, like breathing difficulties, allergic reactions, or nerve damage, can occur due to adverse reactions to anesthesia during labor or childbirth.
Injuries Due To Negligent Care
Medical negligence includes the failure to diagnose the condition despite clear symptoms. Healthcare providers may also be negligent in not properly monitoring the condition or providing timely treatment, leading to severe complications like seizures, organ failure, or maternal death. In such cases, affected individuals may have grounds for a medical malpractice claim due to the healthcare provider’s failure to meet the standard of care.
Incorrect Suturing After Cesarean Sections Or Episiotomies
Infections, pain, scarring, and long-term discomfort can result from improper suturing techniques following childbirth procedures like episiotomies or C-sections.
Wrongful Death
Complications during labor and delivery, medical errors, improper care, or medical negligence can tragically cost the newborn’s or the mother’s life. When medical negligence leads to a wrongful death, the family of the victim has legal recourse under California law. The law allows the surviving family members to file a wrongful death lawsuit to seek compensation for their loss, including funeral expenses, loss of financial support, emotional suffering, and other damages. In such cases, the negligent healthcare provider or facility may be held accountable for failing to meet the required standard of care.
What Is The Birth Injury Law In California?
In California, the birth injury law usually comes under the umbrella of personal injury. The Medical Injury Compensation Reform Act of 1975, or MICRA, which previously allowed injured patients and their families to pursue a maximum compensation of $250,000 for non-economic damages like pain and suffering, has been modernized.
Starting in January 2023, non-economic damages in cases with no patient deaths are no longer capped at $250,000 but will instead be limited to $350,000. It will gradually rise to $750,000 over the following ten years. After that, there will be an annual inflation adjustment of 2%.
The noneconomic damages cap in the event of a patient death will be $500,000, increasing progressively to $1 million over the following ten years. After that, there will be an annual inflation adjustment of 2%.
The injured party can still seek compensation for economic losses, including medical expenses, lost income, and benefits for long-term or permanent impairments.
If you or your baby sustained birth complications due to medical malpractice in Los Angeles, the birth injury lawyers at Arash Law can help you make sense of the ins and outs of pursuing these damages. Legal challenges can seem daunting, but with experienced guidance, the process of seeking a claim can be more straightforward.
How To Prove Liability In California Birth Injury Cases
Establishing liability in any personal injury claim is an important step. In a birth injury case, complex medical documents require careful examination. Arash Law’s birth injury lawyers in Los Angeles can connect you with medical experts who can help assess your case.
The following are a few documents that can be relevant to your case:
- Medical documents from the hospital detailing the mother’s pregnancy care, medication, and treatment, or any complications, and any underlying illnesses.
- Doctors’ notes and hospital or birthing center records regarding the labor, delivery, and postpartum care.
- Medical records of the newborn from the nursery or neonatal intensive care unit, and the pediatrician detailing the infant’s status and care received after delivery.
- Testimonials from medical professionals who witnessed the birth, such as nurses and technicians.
There’s a chance your case calls for other kinds of evidence not included here. Our lawyers will determine what proof is required to support your claim and present a well-supported case.
December 2016: $22M+ verdict in a mild traumatic brain injury case. The entire details of the case can be found in the public record filings by the defendant entity that sued its defense.– BRIAN BEECHER
Why Is Filing Birth Injury Claims In LA Important?
There should not be any burden placed on innocent victims who suffer pain and agony because of other people’s negligent behavior. So, to at least alleviate their financial strain, they are given the right under the personal injury law to seek financial reparation for the damages incurred. If you are a mother who suffers as a result of the errors made by medical personnel you trusted, we can help you seek accountability for their negligence.
It’s vital to allow victims to file claims for birth-related medical malpractice to find out what went wrong during a procedure and help prevent such incidents from happening. By identifying the root of negligence, these claims contribute to the upholding of high standards of care in the medical field. It can take a while to see a resolution for your claim, but our team of Los Angeles birth injury lawyers at Arash Law will advocate for your rights during negotiation or litigation.
What Compensation Is Available For My Birth Injury Case?
Those whose child suffers a birth injury caused by the negligence of a medical professional may be able to seek compensation for damages. The amount can vary depending on different factors, but the extent of injuries, especially if they lead to irreversible damage or require lifetime care, may affect the final outcome.
California allows you to file a claim for two types of compensatory damages: economic and non-economic. One of our birth injury attorneys in Los Angeles will take all these into account when calculating the potential damages you may be able to pursue:
Economic Damages
Economic damages are the tangible and measurable losses the birth injury has caused you and your family to suffer. This includes quantifiable items like present and future medical costs for ongoing care and rehabilitation, missed wages and future earning losses, and property damage for repairs or replacement.
Non-Economic Damages
Non-economic damages are the human costs of the injury that are not easily measurable. They consist of pain and suffering, emotional anguish and psychological issues, loss of enjoyment of life, and loss of consortium, among others.
Punitive Damages
Punitive damages are awarded solely by the court in case the liable party is found to have acted with gross negligence or malice. This is done primarily to penalize exceptionally irresponsible, purposeful, or malicious actions as well as to deter such behavior.
It can be challenging to calculate the potential damages you may be able to pursue after an injury. You may even receive low settlement offers that are not enough to cover your losses. You can seek assistance from our Los Angeles birth injury lawyers to deal with the negligent parties after having suffered life-altering injuries during your labor or delivery.
Birth Injuries And Wrongful Death Claims
California law allows parents to pursue accountability if a child’s death may have been caused by negligence. You may be able to file a wrongful death claim or lawsuit.
Legal representation can help protect your rights to pursue a claim for your damages. Our birth injury attorneys in Los Angeles can handle the legal fight while you focus on physical and mental recovery.
A wrongful death claim is typically filed by the affected parent(s). The parents will also be the ones to be compensated. Though quite uncommon, some other heirs, usually a family member, may file the case and be entitled to the damages if no parent is available.
Aside from the types of compensatory damages discussed above, the parents of the deceased child can seek compensation for burial and funeral costs, pain and emotional anguish, and mental health and grief counseling, among other types that help them go through the process of grieving.
What Is The Deadline For Filing A Birth Injury Case In California?
In California, there are strict statutes of limitations or deadlines for filing medical malpractice cases. The California Code of Civil Procedure’s Section §340.5 places a deadline on pursuing legal action. The legal action must be brought within three years of the child’s injury or before the child turns eight, whichever is earlier, if the child was younger than six at the time of the injury.
Whenever you have any questions regarding the appropriate deadline for submitting your claim, you can talk to our Los Angeles birth injury attorneys from Arash Law. We will work to handle the necessary documentation within the allotted timeframe.
Reach Out To Our Birth Injury Lawyers In Los Angeles
Having a child is an exciting time for any parent, and watching them grow and discover the world is an experience of a lifetime. However, there are risks of something going wrong and their child getting harmed. But it’s a different case when negligence is involved and someone is to blame.
Contact our birth injury attorneys in Los Angeles to get help gathering evidence to establish liability and seek accountability for their careless behavior. Our team at Arash Law can assist you in pursuing a personal injury claim, from filing a case to settlement negotiation.
Our birth injury lawyers in Los Angeles also serve neighboring cities and communities, including Lancaster, Lake Hughes, Quartz Hill, Palmdale, Santa Clarita, Thousand Oaks, Port Hueneme, Santa Paula, Simi Valley, Malibu, Torrance, Long Beach, Huntington Beach, Santa Ana, Anaheim, Irvine, Lake Forest, Mission, Chino, San Clemente, Riverside, San Bernardino, Hesperia, and Victorville.
Call us at (888) 488-1391 for a free case evaluation.
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