Birth Injury Claims

Birth injury claims: an overview

When a child suffers an injury during birth, it can have lifelong implications for both the child and their family. Birth injury claims arise when these injuries are thought to have been caused by medical negligence or error during the delivery process.

MLG Personal Injury & Accident Lawyers specializes in helping families navigate the complex process of filing a birth injury claim. Our dedicated lawyers ensure that affected families receive the compensation and justice they deserve.

Understanding what constitutes a birth injury claim is the first step toward recovery and justice. These claims typically involve injuries that occur to the baby during labor and delivery, which could have been prevented.

We provide expert guidance and compassionate support, aiming to make this challenging time a bit easier for you and your family. Learn more about birth injury lawsuits below. Then, contact us today to discuss medical malpractice claims involving children.

What Constitutes a Birth Injury Claim?

A birth injury claim arises when a baby suffers physical harm due to the actions or negligence of medical professionals during delivery. These claims are not about natural complications that can occur without fault during birth; instead, they focus on preventable harm caused by medical errors or poor practices. Establishing the link between medical care and the injury is crucial in these cases.

In a birth injury claim, the parents allege that their child's injury was preventable and that it resulted from a deviation from standard medical care. Our lawyers work with medical experts to determine whether the standard of care was breached and how that breach directly led to your child's injury.

We then use this information to build a strong case on your behalf, advocating for the compensation and resources needed to care for your child's future needs. Birth injury lawsuit settlements can cover a variety of expenses.

Common Medical Errors Leading to Birth Injuries

Medical errors that can lead to birth injuries include improper use of delivery tools, failure to monitor the baby's vital signs, and delays in performing necessary interventions like cesarean sections. Each of these errors can have severe consequences, such as physical trauma or oxygen deprivation to the baby.

Other errors include mismanagement of pregnancy-related conditions, like gestational diabetes or preeclampsia, which can also lead to complications during delivery.

Our team investigates every aspect of the delivery process to identify any and all errors that contributed to the injury. This thorough approach helps us hold negligent parties accountable and secure the justice that your family deserves.

Contact our birth injury attorney to schedule a free case review.

Legal Requirements for Filing a Birth Injury Claim

To file a birth injury claim, you must prove that the healthcare provider's actions deviated from accepted medical practices and standards. This involves showing that the provider owed a duty of care to you and your baby, breached that duty, and that the breach directly caused the injury.

Most birth injury lawsuits are settled out of court. However, we are prepared to go to court to obtain the birth injury settlement you deserve. Contact our experienced birth injury lawyer to discuss your medical malpractice lawsuit.

Types of Birth Injuries Covered by Claims

Types of birth injuries covered by claims

Birth injury claims can encompass a variety of children's physical injuries ranging from mild to severe. These catastrophic injuries can profoundly impact a child's life, affecting their health, development, and quality of life.

Cerebral Palsy and Brain Injuries

Cerebral palsy is often associated with brain damage that occurs before or during birth, possibly due to oxygen deprivation. This condition can affect body movement, muscle control, and coordination.

Brain injuries may also result from physical trauma during delivery or from complications that are not adequately addressed by medical staff. Our lawyers work to link these conditions to medical negligence, advocating for the necessary lifelong care and support your child will need.

Brachial Plexus Injuries and Erb’s Palsy

Brachial plexus injuries occur when the nerves responsible for arm and hand movement are damaged during birth. Erb’s Palsy, a form of brachial plexus injury, often results from excessive force used during delivery, leading to arm weakness or loss of motion.

Proper techniques and precautions should prevent most brachial plexus injuries during birth. If these standards are not followed, our legal team steps in to help you seek justice. These medical malpractice lawsuits are complicated. Contact our team for someone who specializes in birth injury cases.

Fractures, Nerve Damage, and Hypoxia

Bone fractures during birth, while sometimes occurring naturally, can also be the result of mishandling by medical staff. Nerve damage and conditions like hypoxia, where the brain doesn't receive enough oxygen, can lead to significant developmental issues.

Our legal team carefully reviews each case of fracture, nerve damage, or hypoxia to determine whether negligence played a role. We gather evidence to support your claim and ensure that all responsible parties are held accountable.

Medication Errors During Delivery

Medication errors during delivery, such as incorrect dosages or the wrong type of medication, can cause serious harm to both mother and baby. These errors are preventable and often due to oversight or poor communication among medical staff.

Our attorneys understand the critical nature of proper medication management during delivery. We help families prove that medication errors occurred and were a direct cause of their child’s injuries.

How To Prove Negligence in Birth Injury Claims

Proving negligence in birth injury claims is essential for holding medical professionals accountable and securing compensation for the affected family. This process involves demonstrating that the healthcare provider failed to meet the expected standard of care, leading to the injury.

Below are the key steps to establish negligence in a birth injury case:

  • Identify the standard of care. Determine the level of care that was expected under the circumstances.
  • Show deviation from the standard. Provide evidence that the care provided fell below the expected standard.
  • Link to injury. Connect the failure to meet the standard directly to the injury suffered.
  • Collect medical records. Gather all medical documentation related to the pregnancy and delivery.
  • Consult experts. Engage medical experts to testify about the standard of care and how it was not met.
  • Document injuries. Obtain thorough medical evaluations to document the full extent of the birth injury.
  • Calculate damages. Assess the injury's financial, physical, and emotional impacts on the child and family.

Damages Available in Birth Injury Claims

Damages available in birth injury claims

When a birth injury occurs due to medical negligence, families may be entitled to various forms of compensation to help ease the financial and emotional burdens. These damages aim to address both the immediate and long-term impacts of the injury on the child and family.

Below are the types of damages that may be available in birth injury claims:

  • Medical expenses. Compensation can pay for both past and future medical expenses related to the birth injury.
  • Pain and suffering. Victims could recover compensation for physical pain and emotional distress.
  • Lifetime care costs. If the injury results in long-term disability, ongoing care and therapy costs may be covered.
  • Lost earning potential. Compensation may include projected earnings lost due to the child’s disability.
  • Punitive damages. In cases of egregious negligence, punitive damages may be awarded to punish the wrongdoing and deter similar conduct.

How MLG Personal Injury & Accident Lawyers Can Help with Birth Injury Claims

At MLG Personal Injury & Accident Lawyers, we understand the devastating impact a birth injury can have on a family, and we are committed to providing the legal support you need during this difficult time.

Our experienced team is dedicated to securing justice and compensation for your child’s injuries. Here's how we can assist with your birth injury claim:

  • Expert legal advice. We provide informed legal guidance tailored to the specifics of your birth injury claim.
  • Evidence gathering. Our team meticulously collects and organizes evidence to build a compelling case.
  • Negotiation with insurance companies. We handle all negotiations, aiming to secure the best possible settlement.
  • Court representation. We are prepared to represent your interests in court to fight for your rights if necessary.
  • Comprehensive support. From initial consultation to final resolution, we support you every step of the way.

Call Our Irvine Birth Injury Lawyer for a Free Consultation

Call our Irvine birth injury lawyer for a free case consultation

If you believe your child's birth injury was caused by medical negligence, do not hesitate to reach out for legal help. Contact MLG Personal Injury & Accident Lawyers today for a free consultation. Our Irvine birth injury lawyers are committed to helping you understand your rights and options.

We are here to help you recover the compensation your family deserves. Our experienced team is here to guide you through the complex legal landscape of birth injury claims, ensuring you have the support you need to move forward.

Call us now to schedule your consultation, and let us help you fight for your child’s future.

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