Birth Injury

Some of the most traumatic injuries are those that occur to a newborn child. When giving birth, there are many things that can make the process more difficult and potentially cause injury to the baby. Statistics show in California alone, 40 babies a day are born with some type of birth injury.

Complications can arise during the birth of any child. Some of the common complications are well known to the medical profession, and there are usually steps that competent doctors and hospitals can take to prevent or minimize the extent of the birth injuries a child suffers. Unfortunately, sometimes these steps are not followed because of negligence or fatigue by medical personnel.

Tragically, it is then a precious newborn child and his or her parents who pay the price. Children who suffer birth injuries may have difficulty walking, talking, growing, breathing, or cognitively. In some cases, they may need extended medical care and treatment, sometimes for the rest of their lives. This puts a tremendous burden on the parents, both financially, but more importantly emotionally.

All parents want to see their children thrive and grow, to run and play, to laugh and learn, and to achieve everything possible in life and eventually have families and children of their own. Many of these aspirations are cruelly limited when a child suffers from a birth injury. When this happens, parents have an absolute obligation to do everything they can to make sure that their injured son or daughter gets all the help they need and deserve to address the problem and to have a successful and happy life.

The most catastrophic birth injuries are those caused by deprivation of oxygen or blood flow to the brain. Total lack of oxygen to the brain (anoxia) or partial lack of oxygen (hypoxia) and bleeding can cause the child to have conditions such as Cerebral Palsy, Erb’s Palsy, Brachial Plexus Palsy, and mental retardation. Children can also suffer fractures during birth, the most common of which is a fracture of the clavicle.

A child can suffer a birth injury before, during, or immediately after delivery. Birth injury can be caused by mistakes made by doctors, medical professionals, or hospitals. Failing to take necessary actions in a timely matter, for example waiting too long to perform a C-section, or misjudging the situation can cause traumatic injury to the baby.

Other causes of birth injuries can include infections, abnormal birth positions, breech presentation, and errors in the use of forceps and vacuum extraction. Head trauma during delivery can result in a number of troubling injuries including a variety of hemorrhages.

In the situation of a birth injury, it is vitally important to speak to a lawyer as soon as possible.

In California, the law imposes a statute of limitations, which sets a maximum amount of time that legal proceedings can occur after the date of the accident or other incident. Each year at our Law Office, people call me to ask me for help that have legitimate cases, only to find their statute of limitations has already run out. It is one of the most difficult things for me to tell them I can’t help because they waited too long. If you wait to take action, you may have the best case in the world, and be very deserving of receiving compensation, but your claim is harshly lost forever. Don't let this happen to you and your child!

Another important reason to contact an experienced attorney as quickly as possible after a birth injury occurs is to make sure that all possible needed evidence in the case that will be required to present a legal claim is preserved, including medical records and test results, witness statements from everyone in the hospital room where the birth took place, and the identities of all medical personnel involved and responsible. Our office knows all the steps that must be taken, so that all your legal rights will remained preserved.

Children who have suffered a birth injury may need a variety of extra assistance. In addition to medical care and treatment, they may need physical, occupational, or speech therapy, and special education services or tutoring when they attend school. In the most severe cases, a child may need extended care, including nursing care, and may need financial assistance later in life if they are unable to work.  When a child suffers a birth injury due to negligence or other misconduct by medical personnel, the extraordinary burden of providing these things should not fall on the parents, nor should the child be left in the lurch and want for any of the extra help they need and deserve.

A medical malpractice lawsuit requires proof of what doctors or other medical personnel did wrong that contributed to causing the injury. The law imposes a number of procedural and legal barriers to recovering damages – an often complex maze that requires an experienced and dedicated attorney to guide the case through to success.

If you or a loved one has experienced the tragedy of a child born with a birth injury, you will need a lawyer with specific experience. Call Moseley Collins at (916) 444-4444 for a free consultation.

Moseley Collins is a personal injury attorney serving those badly hurt throughout California. There is absolutely NO FEE to discuss your case and there is absolutely no fee unless we win and get you the money you are entitled to.

We are on your side and know exactly what to do to get you compensation and justice. Additionally, we have frequently worked with many other families who have faced the difficult challenges that you are now confronting because of your child’s birth injury. We truly understand your situation, and will do everything possible in our power to help you!

Moseley Collins
980 9th St, 16th Floor
Sacramento, CA 95814
Phone: (916) 444-4444
https://www.moseleycollins.com/