Orange County Birth Injury Lawyer

When you welcome a new child into the world, you expect the healthcare providers to deliver the highest standard of care. Unfortunately, sometimes things go wrong, and a newborn might suffer from birth injuries that can have lifelong effects.

If you suspect that medical negligence during delivery harmed your child, you have the right to seek justice and compensation. An experienced Orange County birth injury lawyer can walk you through the layered legal process and ensure your family receives the support it needs.

Birth injuries can be devastating, altering the joyous occasion of a child's birth into a time of stress and uncertainty. These injuries can vary in severity, impacting not just the health of the child but also the emotional and financial health of the entire family.

Understanding what constitutes a birth injury, its causes, and the legal options available is crucial for any parent facing this difficult situation.

At MLG Personal Injury & Accident Lawyers, our dedicated team is here to provide you with the necessary legal support and compassion you deserve during this challenging time.

What Is a Birth Injury?

A birth injury refers to any harm that happens to a baby during the labor and delivery process. These injuries can range from mild to severe, affecting a child's physical and cognitive development.

The labor and delivery phase is critical, and any mistakes or oversights by medical personnel can lead to significant injuries. Recognizing a birth injury early on can be vital in managing its effects and securing appropriate care.

Birth injuries are not always immediately apparent. Sometimes, symptoms or signs of an injury develop over time, making it challenging to diagnose and treat effectively.

Parents must monitor their child's development closely and consult healthcare professionals if they notice anything unusual. Quick intervention can make a major difference in improving the child's quality of life.

Common Types of Birth Injuries

• Cerebral palsy. Often stemming from a lack of oxygen to the brain during birth, cerebral palsy can affect movement and motor skills.
• Brachial plexus injuries. Brachial plexus injuries happen when the nerves that feed the arms and hands are injured, which can happen during a difficult delivery.
• Fractures. Collarbone fractures are common during birth, especially if there is trouble delivering the baby's shoulder.
• Caput succedaneum. This is a major swelling of the soft tissues of the scalp that develops as it travels through the birth canal.
• Cephalohematoma. This is a section of bleeding between the skull bone and its fibrous covering, which often appears several hours after birth.
• Perinatal asphyxia. This condition is due to the baby not receiving enough oxygen before, during, or just after birth.
• Intracranial hemorrhage. This is bleeding under the cranium that can occur during delivery and may lead to more severe conditions.

Difference Between Birth Injury and Birth Defect

A birth injury is separate from a birth defect in that it occurs during labor and delivery rather than developing during pregnancy.

Birth injuries are often associated with something that goes wrong during the birth process, typically involving physical trauma or lack of oxygen. In contrast, birth defects involve the baby's development in the womb and are often related to genetic issues, environmental factors, or infections during pregnancy.

Understanding this distinction is crucial for legal purposes, as the approach to a legal claim may differ based on whether an injury is classified as a birth injury or a defect. A birth injury may involve a lawsuit against healthcare providers for medical malpractice if negligence is believed to have caused the injury.

On the other hand, birth defects might involve product liability or environmental lawsuits if external factors are to blame.

Causes of Birth Injuries

Many factors can lead to birth injuries, but medical negligence is often a significant concern. When doctors, nurses, or other hospital staff do not provide the standard of care required during delivery, their actions can directly harm the baby.

Medical Negligence During Labor and Delivery

Medical negligence during labor and delivery could lead to serious birth injuries. Negligence might include failing to anticipate birth complications, not responding appropriately to signs of fetal distress, or misusing birth-assisting tools.

When healthcare providers deviate from the accepted standards of practice, their actions can put both the mother and baby at risk.

Improper Use of Forceps or Vacuum Extractors

The improper use of tools like forceps or vacuum extractors can lead to severe injuries such as skull fractures or nerve damage. These tools, if used incorrectly, can exert excessive force on the baby's head or neck, leading to long-term health issues.

Failure to Monitor Fetal Distress or Oxygen Levels

Not monitoring the baby's heart rate or oxygen levels could result in catastrophic outcomes. Quick and appropriate responses to signs of fetal distress are crucial in preventing injuries related to oxygen deprivation, such as cerebral palsy.

Legal Rights of Families After a Birth Injury

When a birth injury occurs due to medical negligence, families have certain legal rights to seek justice and compensation. Understanding these rights is crucial to protecting your family’s well-being and ensuring accountability.

Below are the key legal rights families have after a birth injury:

• Right to compensation. Families could be deserving of compensation for medical expenses, ongoing care costs, and emotional distress.
• Right to a safe birthing process. Families have the right to a standard of care that avoids unnecessary risks during the birthing process.
• Right to informed consent. Parents must be fully informed of all risks associated with different birthing techniques and interventions.
• Right to legal representation. Families can pursue legal representation to pursue a claim for birth injury due to medical negligence.
• Right to File a Lawsuit. If negligence is suspected, families have the right to file a lawsuit within a specific time frame, known as the statute of limitations.

What You Need To Do if You Suspect a Birth Injury

If you suspect that your child has suffered a birth injury, it's important to take immediate action to protect your child's health and your family’s legal rights.

Timely steps can help ensure that your child receives proper care and that you have the opportunity to seek compensation if medical negligence is involved.

Here's what you need to do if you suspect a birth injury:

• Consult your pediatrician. Discuss your baby's health or development concerns with your pediatrician immediately.
• Get a second opinion. If you are not satisfied with the initial assessment, seek a second opinion from another medical professional.
• Document everything. Keep detailed records of all medical visits, symptoms, and conversations with healthcare providers.
• Learn about your rights. Educate yourself about your legal rights and the steps necessary to take legal action if necessary.
• Contact a birth injury lawyer. Consult with a birth injury lawyer to understand your legal options and the potential for filing a claim.
• Gather medical records. Collect all medical records related to the pregnancy, birth, and any treatments your child has received.
• Discuss long-term needs. Consider your child's long-term needs, including medical care, therapy, and other support services, and how they might be funded through compensation.

Compensation Available in a Birth Injury Case

In cases of birth injuries, families may be eligible for compensation that addresses the injury's significant financial and emotional impact. This compensation can help cover various expenses and support the child's long-term care needs.

Below are the types of compensation available in a birth injury case:

• Medical expenses. Compensation can cover both past and future medical expenses related to the birth injury.
• Pain and suffering. Compensation for pain and suffering reflects the physical and emotional impact of the injury on the child and family.
• Lost wages. If a parent must leave a job to care for the injured child, compensation for lost wages may be available.
• Punitive damages. In cases of gross negligence, punitive damages may be awarded to punish the wrongdoing and deter similar actions in the future.
• Life care costs. Compensation can include the cost of life-long care, special education, or therapy that the child may require due to the injury.

How an Orange County Birth Injury Lawyer Can Help

An experienced birth injury lawyer can offer invaluable assistance in working through the legal landscape surrounding birth injuries. By fighting on your behalf, a lawyer protects your rights and ensures you receive maximum compensation.

Investigating Medical Records and Consulting With Experts

Your lawyer will review all medical records meticulously and partner with medical experts to determine if negligence occurred. This investigation is crucial in building a strong case for your claim.

Building a Strong Legal Case to Prove Medical Negligence

A lawyer will gather evidence, secure expert testimonies, and develop legal arguments that demonstrate how medical negligence led to your child's catastrophic injuries. This preparation is vital for proving your case in court or in settlement negotiations.

Negotiating Settlements or Taking the Case to Court for Maximum Compensation

Whether negotiating a settlement with insurance companies or taking your case to trial, your lawyer will aim to achieve the best possible outcome. They will fight for a compensation package that covers all your child's current and future needs. We can address all aspects of cases involving birth injuries.

The Top Reasons You Need a Specialized Attorney To Help You

When dealing with the aftermath of a birth injury, having a specialized attorney by your side can make a significant difference in the outcome of your case. Birth injury cases require a unique combination of legal expertise, medical knowledge, and negotiation skills to ensure your family receives the compensation it deserves.

Here are the top reasons why you need a specialized attorney to help you:

• Expertise in birth injury law. Specialized lawyers have a deep knowledge of the laws and standards surrounding birth injuries, which is essential for effective representation. Our child injury attorneys know how to handle medical malpractice cases.
• Experience with medical cases. These attorneys are experienced in processing challenging medical cases and have established relationships with credible medical experts. Lean on our experience in managing birth injury claims.
• Ability to navigate complex negotiations. Experienced lawyers know how to manage negotiations with hospitals and insurance companies to secure fair compensation. We can pursue compensation for birth-related injuries.
• Resources to handle your case. Specialized attorneys have the resources to handle your case thoroughly, including access to medical experts and investigators. Let our experienced birth injury attorney fight for you.
• Commitment to your family's future. A specialized attorney is committed to securing a future for your child that includes adequate medical care and necessary support services. Our birth injury law firm can pursue compensation for your medical bills.

Contact Our Orange County Birth Injury Lawyer for a Free Consultation

If you think your child has suffered a birth injury due to medical negligence, our Orange County Birth Injury Lawyer can help you. Our compassionate team is ready to evaluate your case, explain your legal options, and guide you through securing the compensation you deserve.

At MLG Personal Injury & Accident Lawyers, we have experience with birth injury cases. Our law firm would be honored to review your birth injury claim.

Contact us today to schedule a free consultation to review your personal injury lawsuit.