Gardena Birth Injury Lawyer

Gardena Birth Injury Attorney

The consequences of a birth injury can be long-lasting and detrimental to the health of both the newborn baby and the mother. Trying to navigate the emotional fallout and financial aftermath of a birth injury can be complicated and devastating, so it’s important that you don’t try and go it alone. Doctors and other healthcare professionals are expected to provide a safe standard of care. If they don’t, you may want to reach out to a Gardena birth injury lawyer as soon as you can.

What Is a Birth Injury?

Childbirth is a beautiful moment of nature, but it can also be considerably terrifying for all involved. There is always a chance that something could go wrong. A birth injury occurs when medical malpractice or negligence leads to your newborn suffering an injury, sometimes permanent, or the mother suffering an injury as well.

If improperly birthed, a baby could suffer brain damage, broken bones, cerebral palsy, spinal cord injuries, shoulder dystocia, facial paralysis, or even death. That is why it is vitally important to your baby’s survival that your doctor take extra care to be gentle when delivering your baby.

Birth injuries can also happen to the mother and can be serious. Childbirth is physically traumatic for mothers, and they could suffer all sorts of devastating injuries, such as pelvic fractures, nerve damage, vaginal tears, ruptured organs, and even PTSD.

Causes of Birth Injuries

The doctors, nurses, and other medical staff responsible for delivering a baby have a tremendous responsibility to make sure that the baby comes into the world healthy and whole. The smallest mistake or misstep can have lifelong repercussions on the baby’s welfare and cause health conditions that the child may have to endure for the rest of their life. Here are some of the more common causes of birth injuries that happen due to a doctor’s negligence or impatience:

• Improper Obstetric Actions: Sometimes, a doctor may grow impatient with the birthing process. They may grab the baby’s head or arm too hard and pull too fast, which can result in sudden injuries to the baby.
• Improper Medical Instrument Use: It is not always necessary to use certain medical instruments in order to make sure childbirth goes smoothly. The use of forceps, for example, can result in mild to severe brain damage during delivery if used incorrectly. It is important for doctors to exercise caution at all times.
• Misdiagnosis: Regrettably, a misdiagnosis is all too common during pregnancy. If your doctor fails to diagnose a very real medical problem during your pregnancy that then causes you serious complications during delivery, you may be able to make a case for medical malpractice, especially if that failure to diagnose resulted in harm to you or your baby.

Statute of Limitations

If you decide to move forward with legal action against your doctor for a birth injury, it may fall under the umbrella of medical malpractice. It is essential to adhere to California’s statute of limitations for medical malpractice cases. Generally, you will be given three years from the date of your injury or one year from the date that you discovered the injury, whichever is earliest for you. You will also have to give the doctor 90 days’ notice of your intent to take legal action.

If you are not able to build your case before three years have passed, there is a very strong chance that the court will decide not to hear your case at all. It will simply be tossed out, and your chance to seek compensation will be completely lost. It may take a long time to build a strong birth injury case, so you should start building yours as soon as you can.

FAQs About Gardena, CA Birth Injury Laws

Q: What Is the Average Birth Injury Payout in Gardena?

A: There is no average amount to expect for a birth injury payout. Every birth injury case is different, with each case having its own specific factors that are going to influence the settlement amount. Those factors include the severity of the birth injury, the evidence that proves medical malpractice or negligence, and the overall medical expenses for the child and mother.

Q: Can You Take Legal Action Against a Hospital for Birth Injury in California?

A: Yes, you can take legal action against a hospital for a birth injury in Gardena, California. If the injury was the result of medical negligence during delivery, you may have a strong case for medical malpractice. You should consider reaching out to an experienced birth injury lawyer to start developing a case and get help gathering evidence. You will need to prove that your healthcare provider failed to meet the established standard of care.

Q: How Much Do Most Birth Injury Lawyers Charge in California?

A: The amount a Birth injury lawyer may charge you will be different with every law firm. Every injury case is different, particularly medical malpractice cases, which can get complicated. Your lawyer’s fee is going to be dependent on the complexity of your case, as well as your lawyer’s education, experience, and availability, among other factors.

Q: How Long Does a Birth Injury Case Take to Finalize in Gardena?

A: The length of time it takes to finalize your birth injury case depends on many factors. Every birth injury case is different, with each case having its own details and circumstances that make that case a unique experience. A birth injury case timeline can vary greatly. Sometimes, that may be a few months, while other times, it might take several years. It depends entirely on the details of the case at hand.

Contact an Experienced Gardena, CA Birth Injury Law Firm Today – McLachlan Law, APC

Dealing with a birth injury can be a traumatic experience, but it is important that you do what you can to protect yourself by pursuing legal action with the help of a skilled Gardena birth injury lawyer. At McLachlan Law, APC, we understand the kind of legal help you are going to need when dealing with the aftermath of a birth injury. Contact us to speak with a valued team member about what we can offer your case.