The Nuts and Bolts of a Birth Injury Claim in California
A birth injury transforms one of the brightest times of life into one of the darkest moments of life. As if that’s not bad enough, if a family does nothing, the same birth injury will probably affect another family down the road.
The financial costs of caring for a newborn with a severe birth injury, such as cerebral palsy, exceed $1 million. These families shouldn’t have to depend on government or other handouts to make ends meet. The party that caused the injury, which is usually the doctor, should take full responsibility for these costs and all other related costs. You break it, you buy it.
Most birth injury families hear basically the same thing. Doctors admit that there were “some complications” during birth but insist that “everyone’s okay.” Months or years later, it becomes obvious that everyone isn’t okay.
A San Marcos personal injury lawyer helps families with the nuts and bolts of a birth injury claim, so they obtain the compensation they need and deserve and negligent parties are held responsible for what happened.
What is a Birth Injury Claim?
A birth injury claim is a legal action against a healthcare provider, hospital, or other medical professional whose negligence, or whose employee’s negligence, substantially caused an injury during childbirth. Common birth injuries include:
- Cerebral palsy,
- Brachial plexus injuries,
- Oxygen deprivation,
- Skull fractures, and
- Nerve damage.
As mentioned above, these conditions can lead to lifelong medical expenses, rehabilitation, and specialized care.
Key Elements of a California Birth Injury Case
Every birth injury lawsuit requires evidence supporting four basic legal elements. A San Marcos personal injury lawyer must prove each element by a preponderance of the evidence (more likely than not).
- Duty of Care: The healthcare provider owed a professional duty to the patient. This duty is usually a fiduciary duty, a very high legal responsibility.
- Breach of Duty: The provider failed to meet the accepted standard of medical care. Due to the high duty of care, medical professionals have little margin for error.
- Causation: The negligent act or omission substantially caused the birth injury. Contributing causes of birth injuries include genetic profiles and maternal health issues.
- Damages: The child or family suffered measurable losses, including medical bills, pain and suffering, lost earning capacity, or ongoing care costs.
Medical records, fetal monitoring strips, expert testimony, and hospital documentation often play a significant role in establishing these elements. More on that below.
California’s Statute of Limitations
California law imposes deadlines for filing medical malpractice claims, including birth injury lawsuits. The applicable deadline can vary depending on factors such as the age of the injured child and the specific circumstances of the case.
The discovery rule, which is a pause button on the SOL countdown clock, often comes into play in these cases. The countdown begins when families discover the negligence, usually because the child misses developmental milestones, not when the negligence occurred.
Why Expert Medical Testimony Matters
Evidence is critical in highly-technical birth injury claims. Medical experts often review prenatal records, labor and delivery notes, imaging studies, and neonatal records to spot potential negligence. These opinions can be essential in explaining complex medical issues and establishing liability.
Choosing an Experienced Birth Injury Attorney
Because these cases involve extensive medical evidence and expert analysis, many families choose to work with an attorney experienced in California birth injury litigation. An attorney investigates the circumstances, preserves critical evidence, consults qualified medical experts, negotiates with insurers, and represents the family’s interests throughout the legal process.
Count on a Hard-Hitting San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. The sooner you reach out to us, the sooner we start working for you.
