Birth Injury Questions: Birth Trauma FAQ

What is a birth injury?

A Birth Injury is any type of trauma which takes to your child during the birthing process.  There are many different factors which can lead to a birth injury.  Many birth injuries are attributable to Medical Malpractice, nursing and hospital neglect.  Birth injuries like Cerebral Palsy often manifest themselves month or even years after birth.  If your son or daughter has suffered a birth injury is it important that you receive a second opinion from a practicing physician who was not the medical professional involved in the birthing process.

What is Medical Malpractice?

Medical Malpractice is the negligent act of medical and health care professionals – medical doctors, nurses, dentist and other health related hospital care professionals, leading to harm and injury of a patient. The negligence of the practicing physician is measure by the standard of care of the profession itself.  In other words, culpability is determined if the medical professional deviated from the standard of care set by the profession and the deviation lead to damages. [ca-sidebar id=”21830″]

What are the most common Birth Injuries: 

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.  Below are some of the most common birth related injuries:

• Clavicle Fracture: collarbone dislocation or fracture separating the connections from shoulder from the chest.
• Cerebral Palsy:  A condition which manifests itself later in life, leading to motor functional issues, developmental issues, learning disabilities and Irregularities and abnormalities in muscle tension.
• 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

My child has suffered a birth injury – do I have the right to bring a lawsuit on his behalf? In most instances you will be able to sue on behalf of your child. The rights of your child are under legal scrutiny, so the statute of limitation on such a matter will be based on your child’s timeline.

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

Is there a Statute of Limitations to a Birth Injury Claim?

Under Code of Civil Procedure §340.5, in the State of California the statute of limitations for a Birth Injury Medical malpractice claim for a minor under the full age of 6 is three years or prior to the minors 8^th birthday whichever is longer.  The text of the Code is below.

Actions by a minor shall be commenced within three years from the date of the alleged wrongful act except that actions by a minor under the full age of six years shall be commenced within three years or prior to his eighth birthday whichever provides a longer period.

How quickly should I contact an attorney? We advise all those who believe have suffered a birth injury to contact a skilled birth injury lawyer soon.  You child has rights that will be protected by a skilled birth lawyer who will fight to receive the maximum compensation for damages incurred. Also valuable evidence may disappear, witnesses move, memories of the incident diminishes leading to less evidence against those culpable for your Childs pain and suffering.

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.  At Downtown LA Law Group our Los Angeles Birth Injury Attorneys are skilled and knowledgeable in Birth Trauma Law, Medical Malpractice Law,  as well as Cerebral Palsy claims and Infant Brain Injury Claims. Our aggressive and tenacious California Birth Lawyers will keep on the offensive until they make sure your child has been fully compensated for injuries.  We will never hesitate to go to trial and take on liable Doctors, Physicians, Hospitals and their insurance carriers’ so that your Childs rights protected.   Seeking the maximum compensation for a child’s suffering is Our Job.

To speak with a Los Angeles brain injury lawyer, call (855) 339-8879.

Who do I contact to hire a Birth Injury Lawyer: 

If you require a California Birth Injury Lawyer or a Cerebral Palsy Attorney we can help.  Our personal injury firm 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. 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 with a Birth Trauma Attorney regarding your case: (855) 339-8879