Orange County and Birth Injury
Many residents in Orange County, California, are unaware of the tremendous cost and emotional hardships involved in dealing with a birth injury.
In the United States, nearly 3 percent of every 1000 births results in some form of harm caused to the baby before, during or upon birth. Birth injuries are caused in any number of ways and vary in degree of severity, including death.
If you feel your baby is a victim of negligence or preventable mistakes, the birth injury lawyers of The Pacific Attorney Group offer free initial consultations to families affected by birth injuries.
Our goal is simple; we want to help you quickly understand your rights under personal injury law, whether there are grounds to file for compensation, and what the chances of a successful claim are.
Types of birth injuries
Only qualified medical professionals can accurately determine what type of birth injury your baby suffered, and whether or not the injury resulted from a preventable condition. The Orange County personal injury lawyers of Pacific Attorney Group have years of experience with California birth injury cases, and our team of personal injury professionals will thoroughly investigate every case brought to us.
Here are some of the most serious types of birth injuries:
- Brain injuries. There are two types: progressive and non-progressive.
- A progressive brain injury is usually genetic, and will worse over time.
- A non-progressive brain injury is usually caused during birth, and will not worsen over time. However, the symptoms and evidence of the injury will become more apparent as the child grows older. Cerebral palsy is an example of this type of brain injury.
- Cerebral palsy. Characterized by weak or stiff arms and legs, often caused by premature delivery. While it won’t get worse over time, right now there is no cure.
- Erb’s palsy. This results from damage to the brachial plexus, the nerves that run from the neck through the arm. If a baby gets stuck in the birth canal, the doctor must find a way to pull the baby out. Sometimes during this process, the brachial plexus is damaged, resulting in paralysis of the arm, face, or other loss of muscle control.
- Shoulder dystocia. This occurs when a baby’s head is delivered but the baby’s shoulder gets stuck on a pelvic bone. While accepted medical maneuvers and procedures exist to deliver a healthy baby under such circumstances, sometimes the doctor makes and error in dealing with the situation. This can lead to a brachial plexus injury and Erb’s palsy.
- Microcephaly. This is a medical condition in which a baby’s head is smaller than normal because the brain stopped growing. There is usually a genetic reason for this, but other causes include drug or alcohol use during pregnancy; infections; exposure to certain toxic chemicals; and German measles, chickenpox or other viruses during pregnancy.
- Hypoxia. Anoxia. Asphyxia. Hypoxia is a situation where oxygen to a fetus’ or newborn baby’s brain is decreased. Anoxia refers to a situation where oxygen to the brain is completely cut off. Asphyxia refers to a newborn baby’s failure to breathe on his or her own within a minute of birth. Lack of oxygen can cause brain damage, seizures, coma – conditions that could be the result of the medical providers failing to act appropriately.
- Mental retardation and developmental delays. These conditions can be caused by a brain injury, malpractice or negligence during childbirth.
Birth injury and Pacific Attorney Group
If you suspect your child has a birth injury due to hospital staff negligence or some other preventable mistake, contact a personal injury lawyer at Pacific Attorney Group immediately. If you do not have a lawyer, the Orange County personal injury lawyers of Pacific Attorney Group are here to help – even if you are not sure you have grounds for a claim.
It is important to act as quickly as possible to ensure access to important medical records and possible witnesses while the event is still fresh in their minds.
Birth injury and personal injury
The amount of compensation you receive as part of a birth injury personal injury case is often dependent upon the extent of the injuries the baby suffers. Birth injury cases often involve several parties that share liability for the injury to your baby.
The team of doctors who delivered the baby may be liable for failing to follow the “standard of care” during your delivery. Or, the hospital, nurses and others may be named parties for their actions. If the doctor is part of a private practice, the practice also may be named in the suit in certain situations.
If a medication prescribed by your doctor and correctly taken by you led to a birth injury or birth defect, the manufacturer of the medication may be named in a products liability suit.
Your Pacific Attorney Group lawyer will determine which parties may be subject to liability based upon the facts and personal injury laws governing your situation.
As the plaintiff, the burden of proof is on you to show that it is more likely than not that the birth injury occurred because of the doctor’s acts or omissions during the birth of the child.
Contact Pacific Attorney Group about birth injury
If you believe your child has had a birth injury due to the negligence of others, please contact an Orange County personal injury lawyer at Pacific Attorney Group today. We will provide you with a FREE case review – there is no obligation.
Our goal is simple: we wish to provide you with the information you need to determine what compensation you may have rights to under personal injury law.
Contact Pacific Attorney Group for a FREE case review.
If you or a family member has a birth injury and you live in Orange County or anywhere in California, call the personal injury lawyers at Pacific Attorney Group for a free consultation now.
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