Birth Injury Frequently Asked Questions

A birth injury can happen during labor and delivery. It can be caused by various factors, such as complications during childbirth, medical negligence, or errors made by medical professionals. Marcereau Law Group helps families who have experienced these types of injuries.

We understand how difficult this time can be for you and your child. Our experienced birth injury attorneys are here to guide you through the legal process.

If your child’s birth injury was caused by medical malpractice or medical negligence, you may be entitled to compensation. Our team works to ensure that your family gets the support it deserves. If you’re facing a birth injury lawsuit, we will provide the expert legal representation you need. Marcereau Law Group aims to hold the responsible parties accountable for the harm caused.

Importance of Hiring a Birth Injury Lawyer

A skilled birth injury attorney will guide you through the legal process, collect evidence, and handle negotiations with insurance companies. They can help determine if the birth injury was caused by medical negligence or an error by healthcare providers.

Your lawyer will fight for your child’s rights and your family’s financial well-being. In most birth injury lawsuits, the compensation you receive can cover medical expenses, long-term care, and emotional distress.

With the help of a trusted attorney, you can focus on caring for your child, knowing that your case is in good hands.

What Is a Birth Injury?

A birth injury can happen due to complications that arise during labor or delivery. Birth injuries can range from minor injuries that heal quickly to more severe injuries that result in long-term health issues.

In some cases, birth injuries happen because of medical malpractice or medical negligence. For example, if a doctor or nurse makes a mistake during delivery, it can lead to a birth injury. These injuries might include brachial plexus injuries, brain injuries, or even serious birth injuries like severe brain injury. Some injuries happen when the baby is not handled properly during birth or if force is applied to the baby inappropriately.

It’s important to understand the difference between birth injuries and birth defects. Birth injuries are typically caused by factors during delivery, while birth defects are usually present from birth and are not caused by the birth process itself.

Difference Between Birth Injuries and Birth Defects

Birth injuries and birth defects are two distinct medical conditions, and it's important to understand the difference between them.

Birth injuries

These occur during labor or delivery and are caused by complications during childbirth. For example, a baby can suffer a brachial plexus injury or brain injury due to improper handling or the use of force during delivery. Birth injuries are often preventable and may result from medical negligence or medical malpractice.

Birth defects

These are conditions that occur during fetal development. They are not caused by the labor and delivery process. Birth defects can be genetic, caused by environmental factors, or the result of certain infections during pregnancy. Examples of birth defects include cleft lip, heart defects, or genetic conditions.

Understanding the distinction between these two is crucial in a birth injury lawsuit, especially if there are questions of medical negligence or malpractice.

What Causes Birth Injuries?

Birth injuries can be caused by a variety of factors. It's important to understand these causes to determine if the injury could have been prevented. Some of the common causes of birth injuries include:

Medical Causes

• Improper use of force during delivery: In some cases, doctors or medical staff may use excessive force when trying to assist with delivery. This can result in injuries like brachial plexus injuries or fractures.
• Delayed or improper use of medical tools: The use of forceps or vacuum extractors should be done carefully. When used improperly, these tools can cause damage to the baby’s head or neck, leading to serious birth injuries.
• Oxygen deprivation: Brain injuries can occur if the baby is deprived of oxygen during birth, often due to cord accidents or delayed delivery.
• Failure to monitor: If a medical professional fails to properly monitor the baby’s heartbeat or the mother’s condition during labor, it can lead to birth injuries due to a lack of timely intervention.

Non-Medical Causes

• Prolonged labor: Sometimes, a long labor can cause distress for both the mother and baby. This can increase the risk of injury during birth.
• Large baby size: Babies that are larger than average may be more likely to suffer injuries during birth, especially if there are complications like shoulder dystocia.
• Maternal health issues: Conditions like diabetes or high blood pressure in the mother can increase the risk of birth injuries for the baby.

Can Birth Injuries Be Prevented?

Some birth injuries can be prevented with proper care during pregnancy, labor, and delivery. Medical professionals are trained to recognize potential complications and take steps to avoid birth injuries. However, not all birth injuries can be prevented, especially in cases where complications arise suddenly or unexpectedly.

Preventable birth injuries often occur due to medical negligence or errors during the delivery process. For example, improper use of medical tools, failure to monitor the baby's condition, or delayed medical intervention can result in serious birth injuries. In these cases, the medical team may be held accountable for the injury.

If a birth injury was caused by medical malpractice, it may be possible to seek compensation through a birth injury lawsuit. A skilled birth injury attorney can help determine if the injury was preventable and pursue legal action if necessary.

What Are the Long-Term Effects of Birth Injuries?

Birth injuries can have lasting effects on the child and the family. Depending on the severity of the injury, the child may face challenges that last a lifetime.

Physical Effects

• Mobility Issues: Some birth injuries can cause lifelong physical limitations, such as difficulty walking, using hands, or coordinating movements.
• Brain Injury: Severe brain injuries may lead to learning disabilities, motor skill challenges, or developmental delays.
• Chronic Pain: Some children may experience pain from injuries like brachial plexus injuries or fractures.
• Severe Disability: In the worst cases, birth injuries can cause a permanent disability, impacting the child’s quality of life.

Cognitive and Developmental Effects

• Learning Disabilities: Brain injuries or lack of oxygen during birth can result in challenges with learning or speech.
• Delayed Milestones: Children with severe brain injuries may take longer to hit developmental milestones like crawling or walking.
• Attention and Focus Issues: Cognitive delays or neurological impairments can make it difficult for children to focus or learn in school.

Emotional and Financial Impacts on Families

• Emotional Stress: Caring for a child with birth injuries can be emotionally challenging for families. Parents often experience anxiety, depression, or feelings of guilt.
• Financial Burden: The cost of ongoing medical care, therapy, and support services can be overwhelming for families. In many cases, a birth injury can lead to significant financial strain.
• Changes in Family Dynamics: The need for special care can affect the entire family. Siblings, parents, and other family members may face changes in their roles and responsibilities, which can lead to stress or tension within the family.

Who Is Responsible for a Birth Injury?

When a birth injury happens, it’s important to figure out who is responsible. Medical professionals like doctors, nurses, and hospitals have a duty to take care of both the mother and baby during labor and delivery. If they make a mistake, it can lead to a birth injury.

If the injury is caused by medical negligence or an error during the birth process, the medical team may be responsible. Sometimes, birth injuries can happen because of improper use of tools or failure to act quickly enough during complications.

In some cases, the hospital or the medical professionals involved may be held accountable for the injury. A birth injury attorney can help figure out who is responsible and help you seek compensation for the harm done.

Can I File a Lawsuit for a Birth Injury?

Yes, if your child suffered a birth injury due to medical malpractice or negligence, you may be able to file a lawsuit. Medical professionals are required to provide a certain level of care, and when they fail to meet these standards, they can be held accountable.

A birth injury lawsuit can help you recover costs for medical treatment, therapy, and any future care your child may need. It can also help compensate for pain and suffering caused by the injury.

Filing a lawsuit for a birth injury can be a complicated process, but having the right legal help can make all the difference.

Steps to File a Birth Injury Claim

If you want to file a birth injury claim, there are steps to follow. Here’s what you need to do:

1. Talk to a Lawyer: The first thing you should do is talk to an experienced birth injury attorney. They will help you understand what happened and if you can file a claim.
2. Gather Evidence: Your lawyer will help collect evidence, like medical records or expert opinions. This can show if the birth injury was caused by medical malpractice or a mistake by the doctor.
3. File a Claim: Once the evidence is ready, your lawyer will help you file the claim in court. This is how you ask for compensation for the injury.
4. Attend Court Hearings: After the claim is filed, there may be court hearings. You or your lawyer will need to attend these hearings to present the evidence and ask for a fair decision.
5. Wait for the Outcome: After the case, the court will make a decision. If the judge agrees with your claim, you may receive compensation to cover medical bills, future care, and pain and suffering.

How Much Compensation Can I Receive for a Birth Injury?

The amount of compensation you can receive for a birth injury depends on several factors. It can vary from case to case, but generally, compensation is meant to cover all costs and losses caused by the injury.

Factors Affecting the Value of a Claim

• Medical Costs: The costs for medical treatment and therapy can be a big part of the claim. If the birth injury requires long-term care, the compensation should cover these costs.
• Pain and Suffering: Compensation can also cover the pain and suffering the child and family go through. This includes the emotional stress of dealing with the birth injury.
• Future Needs: If your child will need ongoing treatment or support, this can be factored into the compensation. This could include things like special education or therapy.
• Loss of Income: If a parent needs to take time off work to care for the child, this can also be part of the claim.
• Severity of the Injury: The more serious the birth injury, the higher the compensation may be. Severe brain injury or bodily harm can result in a larger settlement.

What Is the Statute of Limitations for Filing a Birth Injury Claim?

The statute of limitations is the time limit you have to file a birth injury lawsuit. In California, the statute of limitations for birth injury claims is typically within 3 years from the birth injury or from the time you first discovered the injury. If you miss the deadline, you may lose your chance to file a lawsuit.

In most cases, you must file the claim within a certain number of years after the birth injury occurred. This time limit can vary based on where you live and the details of the case.

FAQs

Contact Our Orange County Lawyer for a Free Case Consultation

If your child has suffered from a birth injury, it’s important to get the help of a skilled attorney. Marcereau Law Group specializes in birth injury cases and can provide you with a free consultation to discuss your legal options. Our top birth injury lawyers have years of experience handling these complex cases and are committed to fighting for the compensation you and your child deserve.

Whether your child is dealing with birth trauma, brain injuries, or any other type of birth injury, we’re here to guide you every step of the way. We’ll work hard to hold the responsible parties accountable and help you get the support your family needs.

Contact us today to schedule your free consultation. We’ll ensure you understand your rights and give you the best chance for a favorable outcome.