What are Some Common Birth Related Injuries

Clavicle Fracture: Collarbone dislocation or fracture separating the connections from shoulder from the chest. Erb’s Palsy: Or Brachial Plexus Injury: Caused by the stretching of the nerves that travel down from the head through the neck to the shoulder, chest cavity, and spine. In many cases healing does not occur even after surgery leading to permanent disability and nerve damage. Brain Injury: resulting from a lack of Oxygen to the brain or head trauma, often thee injuries result in lifelong permanent brain damage. Fracture to the Skull and Facial Fractures: Broken Limbs: Usually Femur, (thigh bone) fractures Fetal Distress During Child Birth: There are certain signs and symptoms of fetal distress which should be recognized by trained medical professionals. Often times the failure diagnose and properly treat fetal distress will lead to serious injuries to the unborn child and the mother. Injuries to the Mother: Birth injuries to the mother are may take a few hours or even days to manifest themselves: Symptoms indicating an injury are excessive Blood loss or shock, Placenta retention Tears in the perineum Heart rate fluctuations, Sepsis (microorganisms in the blood).

What is the Statute of Limitations for Birth Related Injuries in California?

Statute of limitations is a federal or state law that requires certain legal proceedings to be brought within a certain time frame. In criminal cases, once a statute has run out, an individual may no longer initiate legal proceedings. In civil cases, a plaintiff is barred from filing a lawsuit once the statute of limitations has run out. For both civil and criminal situations, each type of claim or charge has a different time limit. For example, a potential plaintiff has 4 years from the date of the breach to file a lawsuit for a breach of contract claim, but only 2 years from the date of an accident to bring an injury claim. For medical malpractice, an individual has 3 years from the date of the injury, or 1 year from the date the injured person discovered or reasonably should have known of the injury, whichever comes first. One exception in most civil statute of limitations rules is for minors. For minors, the individual has until they turn 18-years-old, PLUS the statutory period to file a lawsuit. Therefore, in our injury example from above, where the person has a 2 year limit, they have until their eighteenth birthday, plus 2 years. Therefore, they have until they reach the age of 20-years-old to file a lawsuit. However, California imposes different rules for minors in medical malpractice claims. California medical malpractice for minors is governed by California Code of Civil Procedure §340.5. Under this rule California medical malpractice begins at the age of 6. Therefore, the statutory period would begin after they turn 6-years-old. However, for medical malpractice claims relating to minors under 6-years-old, the lawsuit must be filed within three years of the date of the malpractice, OR before the child’s eighth birthday, whichever one is greater. Therefore, minors who have suffered from a birth injury essentially have eight years to file a medical malpractice claim. California also has a special birth injury statute in California Code of Civil Procedure §340.4, but it basically is read the same as CCP §340.5, and case law has found that §340.5 is appropriate. If you are unsure of the total time that you have to pursue your medical malpractice claim for a birth injury, do not hesitate to seek legal assistance as quickly as possible.

BIRTH INJURIES

Birth Injury Attorney Los Angeles

The birth of a child is the most anticipated, exciting, and memorable day in the life of expecting parents and their extended family. Sadly, in many cases the joy of childbirth is overshadowed by serious medical complications. An infant’s health may be jeopardized by the medical malpractice of physicians and other medical professionals assisting in the birthing process. Poor medical treatment of the expecting mother and the newborn child may lead to serious medical issues and permanent disabilities such as Cerebral palsy, Erb’s palsy, permanent birth brain damage and spinal cord injury. You and your child have a right to proper medical treatment, if proper treatment is not received and injury takes place, your child in entitled to compensation. Contacting an Attorney: We understand that contacting an attorney can be a stressful process. When you contact our Law Offices at (855) 339-8879 you will immediately speak with one of our our distinguished and knowledgeable attorneys regarding your birth injury medical malpractice claim. OUR PROMISE – You will not have to Speak with an Operator, or Office Secretary or Wait hours or days until we contact you. Common Birth Injuries: Sadly, birth injuries take place frequently in the United States. There can be many complications due to medical errors which can take place during the birthing process. According to recent birth statistics released by the Center for Disease Control close to 1% of all births in the United States results in some form of injury to a newborn infant.

Birth Injury Types

— Brain Injury at Birth
— California Birth Injury Law
— Erb’s Palsy
— Hypoxia birth injury
— Birth Injury Questions
— Compression of the Umbilical Cord
— Shoulder Birth Injury
— Paxil Birth Defect
— Child Suffering caused by birth malpractice
— Placenta Abruption
— C-Section Malpractice
— Birth Injury Lawsuit

Below are some of the most common birth related injuries:

Clavicle Fracture: Collarbone dislocation or fracture separating the connections from shoulder from the chest.
Erb’s Palsy: Or Brachial Plexus Injury: Caused by the stretching of the nerves that travel down from the head through the neck to the shoulder, chest cavity, and spine. In many cases healing does not occur even after surgery leading to permanent disability and nerve damage.
Brain Injury: resulting from a lack of Oxygen to the brain or head trauma, often thee injuries result in lifelong permanent brain damage.
Fracture to the Skull and Facial Fractures:
Broken Limbs: Usually Femur, (thigh bone) fractures
Fetal Distress During Child Birth: There are certain signs and symptoms of fetal distress which should be recognized by trained medical professionals. Often times the failure diagnose and properly treat fetal distress will lead to serious injuries to the unborn child and the mother.

Injuries to the Mother: Birth injuries to the mother are may take a few hours or even days to manifest themselves: Symptoms indicating an injury are excessive

blood loss or shock,
placenta retention
tears in the perineum
heart rate fluctuations,
Sepsis (microorganisms in the blood).

If a loved one has recently given birth and is experiencing any of these symptoms, seek medical attention immediate. Visiting the doctor who delivered the baby could be an option; however, it would be recommended to have a second opinion from unbiased medical personnel to help determine if the symptoms are the result of medical malpractice during the birthing process.

Birth Injury Statistics

Birth Injury Statistics: Below are some relevant information and statistics regarding Birth Related Injuries in the United States

1. Cerebral palsy: (CP) or Cerebral Palsy is the most common motor disability during childhood 2. Erb’s Palsy: Or Brachial plexus injury most commonly results form abnormal or difficult childbirth process. 3. Head Injury and Head/Brain Trauma: Permanent Brain damage is a significant threat to the infant during the birthing process. Stressful and dangerous deliveries can lead to a number of conditions include: brain hemorrhages, skull fractures and permanent brain damage. Further Resources: For more information on Permanent Brain damage or to speak to a Child Brain Damage Attorney. National Vital Statistics Reports: Births: From the CDC Cerebral Palsy Causes and Risk Factors; From the CDC Spina Bifida Information Center: From the CDC

Should I Sue for Birth Injury

If your newborn infant has suffered any type of birth injury such as cerebral palsy, neck injury or spinal cord injury, you must first tend to your child needs and wounds. Seeking justice for your families loss is our job. Our aggressive and tenacious Legal Team will keep on the offensive until they make sure your child has been fully compensated for injuries. Compensation for medical malpractice will be based on several factors including

All present and future medical costs
Rehabilitation and physical therapy costs
Future nursing care, home care and transportation cost for children who have suffered serious disabilities
Pain and Suffering including mental anguish
Punitive damages – Where possible

Our Goal: We will never hesitate to go to trial if necessary and take on liable Doctors, Physicians, Hospitals and their insurance carriers’ so that your Child’s rights fully protected. Seeking the maximum compensation for a child’s suffering is Our Goal in Every Birth Injury Case we Handle. Contacting Our Law Firm: If you require legal representation for your child’s birth injury claim we can help. We will take care of every legal detail and make sure you and your child achieves the highest compensation possible for damages and injuries sustained during child birth; in the meantime, concentrate on the most important part of this process – you and your child’s recovery. Statute of Limitation May Bar Your Child Rights to Recovery: Remember that it is crucial to act quickly after you’ve sustained a birth before any limitations can lower or extinguish your rightful claim. Call us for a free consultation regarding your case: (855)385-2529

Learn more about your options for compensation by calling (855) 339-8879.

Don’t let Birth Injuries Destroy Your Family Circle – We can helpFor the majority of parents, the day a child is born is the most anticipated, exciting, and memorable day. There’s nine months of waiting and dreaming about your unborn child, all the preparation to welcome the bundle of joy, and all the family members waiting on pins and needles those last few days before delivery. It’s is a very exciting time for parents and family. Not too many people actually prepare for the downside, the complications, or worse – the possible birth injuries. It is estimated that 7 out of 1,000 births every year come delivered with birth injuries (to mother or baby) due to carelessness on the part of the medical staff. This results to 3 birth injuries per hour! People who are supposed to be medically trained to take care of the mother and baby failed, one way or another, permanently affecting the family. When dealing with injuries for a new born, these injuries will be more obvious. Sometimes permanent damage is done to a baby, due to medical malpractice. Parents are left severely saddened, and children are left with life changing issues with their body. This could be anywhere from brain damage to paralysis. Birth injuries to the mother are not always known right away. Some of the symptoms indicating an injury are excessive blood loss, shock, placenta retention, tears in the perineum, new heart rate fluctuations, or Sepsis (microorganisms in the blood). If you or a woman you know has recently given birth and is experiencing any of these symptoms, the first thing to do is seek medical attention. Visiting the doctor who delivered the baby could be an option; however, it would be recommended to have a second opinion from unbiased medical personnel to help determine if the symptoms are a result from birth injuries. Birthing Injury Diagnosis and Lawsuits: After a doctor has evaluated the symptoms and determined if, in fact, the injuries may have occurred from improper medical handling, you should consider seeking legal advice. Our attorneys at Downtown LA Law have represented many cases where birth injuries have occurred. In any case, where the mother is experiencing causes from birth injuries or if the newborn is the one affected, our attorneys handle both cases with the utmost professionalism, discretion, and vigor. You need someone with your (and the babies) interests in mind. Medical malpractice is not to be tolerated, and if you have such a case, it needs to be brought to justice. Insurance settlements are not for your pain and suffering, they are an attempt to quite your case.

Learn more about your legal options (855) 339-8879 with a representative now.