Los Angeles Birth Injury Lawyers
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Los Angeles Birth Injury Lawyers Through Your Aches And Pains, We’ll Get You Monetary Gains
Nothing is more rewarding for parents than seeing their newborn child safe and healthy. Sadly, birth injuries and deaths are getting more frequent, 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 consultation with our legal team without any obligation by calling (888) 488-1391 today.
Millions of infants enter this world each year in the US. 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 kept closely monitored after birth. Regardless, this can have catastrophic effects on the entire family.
Our Los Angeles lawyers, specializing in birth injury accidents, among other personal injury cases, can guide you through the legal system. Having recovered over $500 Million in compensation for our clients, the Los Angeles birth injuries attorneys at Arash Law can help you win your case. We truly understand your pain. Start your journey toward justice by calling us now or completing our “Do I Have a Case?” form.
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 With The Most Challenging Cases?
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, hiring our attorneys can alleviate the stress that accompanies the legal process. More importantly, they play a crucial role in court proceedings if a favorable solution isn’t reached.
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:
- Expertise In 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 and 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 are skilled negotiators, driven only by the goal of securing fair and just settlements to cover all the damages you incurred.
- Litigation In Court. We will take your case to court if negotiations with the insurance company fail to generate a satisfactory settlement. We will fight aggressively to protect your rights and pursue maximum compensation.
- Personalized Approach. We know each case is unique and tailor our approach to what the client needs best. Our track record of successful outcomes shows our commitment to obtaining justice for our clients.
- Compassionate Support. We understand how delicate and emotionally taxing the situation is. So, we show care and empathy while helping our clients navigate the entire legal process and ensuring they make wise and informed decisions.
- Contingency Fee Arrangement. Our attorneys take on injury cases on a contingency fee basis. This means you don’t have to pay upfront, as we are only paid back if we win or settle your case.
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, a fault-based state, the aggravated party is encouraged to file a claim for compensation through the help of experienced LA birth injury lawyers at Arash Law.
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 more than 20 or more 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 recover 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 skilled birth injury lawyers in Los Angeles help recover compensation 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. Establishing this negligence in a compelling case is where our Los Angeles birth injury attorneys come in.
Some of the birth-related injuries sustained by a newborn during childbirth include:
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 help mothers obtain compensation for the following injuries:
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 on 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 claim substantial compensation for economic losses, including medical expenses, lost income, and benefits for long-term or permanent impairments. This may amount to millions in cases of serious birth injuries.
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 the right legal representation, going through the whole ordeal and obtaining favorable outcomes can be much easier.
How To Prove Liability In California Birth Injury Cases
Establishing liability in any personal injury claim requires legal expertise. In a birth injury case, complicated medical documents need to be carefully examined, demanding additional expertise in the medical field. Arash Law’s birth injury lawyers in Los Angeles have direct access to a reliable pool of medical experts to 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, 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 received care 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, making sure it’s compelling for the insurance company to take it seriously.
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 behaviors. 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, know that with Arash Law, you don’t have to endure the hardship alone.
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 favorable outcome for your claim, but the knowledgeable team of Los Angeles birth injury lawyers at Arash Law is here to make the entire process easier for you.
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
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 entitled to 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, essentially results in higher payouts.
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 maximum amount of financial recovery you are eligible for:
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 economically 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 all the damages you’re eligible to receive. Worst, the insurance providers will try to underpay you to protect their bottom line despite knowing you deserve fair compensation. You can always 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
As a parent, nothing is more devastating than losing a child, especially when negligence is involved and the incident could have been prevented. In California, you can hold the liable parties accountable for their malpractice by filing a wrongful death claim or lawsuit.
Since you’re dealing with a relatively big company with a lot of professionals, you need to expect a tough battle. The stakes are very high for you, and getting yourself legally represented will ensure your rights are safeguarded. Let our birth injury attorneys in Los Angeles 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 obtain 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 should get in touch with Los Angeles birth injury attorneys from Arash Law as soon as possible. They will handle all the necessary documentation within the allotted timeframe. That way, you won’t have to worry about the associated legal complexities of pursuing justice for your child.
Reach Out To The Award-Winning Birth Injury Lawyers Los Angeles Has To Offer!
Having a child is an exciting time for any parent, and watching them grow and discover the world is an experience of a lifetime. It is unfortunate, however, that there is always the possibility of something going wrong and their child getting harmed. But it’s a different case when negligence is involved and someone is to blame.
You can unburden yourself of the stress of pursuing legal action against the negligent party who hurt your child. Contact the birth injury attorneys Los Angeles trusts and rely on their expertise and experience to win your case. With a winning track record, Arash Khorsandi, Esq. and his proficient team at Arash Law can help secure a better future for your family.
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.
Don’t put off receiving the compensation you are due. Call us now at (888) 488-1391 and take advantage of our free consultation.
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