Birth Injury in Los AngelesUpdated on Sunday 12th February 2017
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A birth injury in Los Angeles is considered a medical malpractice case. The child can suffer an injury during birth or the mother can be harmed during birth and even during pregnancy. Nothing can be more unpleasant than an unfortunate event which shadows the great joy of becoming a parent.
If you are a mother and you and your child have been harmed by a medical practitioner, you should know that you can seek legal advice and help from a Los Angeles personal injury attorney.
Birth injury cases in Los Angeles
A birth trauma or injury usually refers to the damage brought to the new born as a result of physical trauma or pressure during childbirth. It can also refer to long term damage which can be inflicted upon the brain or skull. Some doctors will distinguish between birth trauma and birth injuries, the latter referring to systemic damages (for example infection factors during birth), while trauma is referred to as mechanical damage.
The doctor that assisted you during childbirth can be held responsible, if he or she quickened the delivery, prolonged the delivery or used instruments like forceps thus causing injuries to the infant.
Our personal injury attorneys in Los Angeles can assist in various types of personal injuries, including medical malpractice and birth injuries. You can request the help of our lawyers, if you want to file a lawsuit for a birth injury in L.A.
Types of birth injuries in Los Angeles
Our L.A. personal injury attorneys have come across many birth injury cases during the last years and they have gain experience by representing parents whose children have suffered various types of injuries. The most common they have dealt with are:
- - chemical birth injuries;
- - brain and spinal cord injuries;
- - shoulder dystocia;
- - microcephaly;
- - labor and delivery injuries.
Even if it is painful for a child to suffer, it is even more painful for the parents to see their kid in pain, which is why legal assistance is advisable if you are involved in such case. It should be known that many of the birth injuries mentioned above, even if minor, can harm the quality of life of a child, therefore compensation must be requested.
Our Los Angeles personal injury attorneys can assist you by reviewing the case, by verifying the type of birth injury sustained and who must be held accountable for the damage caused. After these elements are put together we can build a case and ask for the right compensation.
Compensations for negligence in birth injury cases
The goal in any birth injury case is to determine if the medical practitioner was negligent when performing the procedures needed during childbirth or when prescribing treatments during pregnancy. Our Los Angeles personal injury lawyers can establish the degree of negligence when the injuries were caused by the physician, the nurses or other members of the medical staff or even by defective products or dangerous medicines.
The types of compensations for birth injury cases include payments for the medical expenses needed for therapy, surgery or the long-term care of the affected baby and/or mother. With the help of our lawyers, you will be able to bring your case to court and obtain a rightful compensation.
The statute of limitation in a birth injury case
Even if the California law has set a 3-year limit for birth injury cases, you should know that the soonest you file a petition with the court the better. In case the injury implies a foreign object left into a child during a surgery, the limitation statute is 3 years from the discovery of that object.
The statute of limitation also depends on who files for a lawsuit and whether a public or a private hospital is involved. In the case of public hospitals, the mother has 6 months to file a lawsuit against the institution.
No matter the case or the type of hospital involved, it should be noted that requesting legal aid as soon as possible can make a difference in winning the case.
Contact our Los Angeles personal injury attorneys, if you want to know more about birth injury cases.