Baldwin Park Birth Injury Lawyer

Birth Injury Attorney in Baldwin Park, CA

Welcoming a child into the world should be a joyous occasion. Experiencing the trauma of a preventable birth injury can completely change the trajectory of your and your baby’s life. You do not have to face the reality of long-term medical costs alone. A Baldwin Park birth injury lawyer can help you secure the financial compensation you are entitled to so you can provide necessary care for your child.

Hire a Birth Injury Lawyer

Following the birth of a baby, you are likely overwhelmed and sleep-deprived. Facing the additional stress of a birth injury may seem like too much. Instead of going it alone, hire a birth injury lawyer to represent your needs and interests. At Thon Beck Vanni Callahan & O’Connor, we have 40 years of experience representing personal injury cases for California residents.

Infant Mortality Rates and Birth Injuries

When a doctor fails to fulfill their duty of care to a patient, they have committed medical malpractice. Patient harm can occur intentionally or unintentionally. Regardless, life-changing consequences can happen due to medical malpractice. During labor, medical professionals have a duty of care for both the mother and the infant.

A National Vital Statistics Report released in 2024 examines infant mortality rates across a number of categories. In 2022, a total of 20,577 infant deaths were reported in the United States, for a rate of 5.61 deaths per 1,000 live births. Of these deaths, 6.6% were caused by unintentional injuries and an additional 5.9% were caused by maternal complications.

California was one of 12 states with an infant mortality rate significantly lower than the national average. California’s infant mortality rate was between 4.00 and 4.99 per 1,000 live births, compared with the national average of 5.61.

If a birth injury case cannot be settled through negotiations with the hospital, you may have to file a civil claim and take the case to trial. Birth injury cases in Baldwin Park are heard at the Los Angeles County Superior Court, located in Los Angeles.

Common Causes of Birth Injury

A birth injury is not the same as a birth defect. Birth defects are genetic or developmental conditions that were present before labor began. By contrast, a birth injury is the result of harm caused by inappropriate medical care or a lack of medical care during pregnancy or delivery.

There are several classifications of birth injuries and associated disabilities that can occur. These classifications include:

• Oxygen deprivation. Umbilical cord complications, placental abruption, delayed response to fetal heart distress, or the failure to perform a timely cesarean section can result in the baby’s brain not receiving adequate oxygen. Oxygen deprivation can lead to cerebral palsy, seizure disorders, developmental delays, or cognitive impairments.
• Brachial plexus injuries. Excessive force during delivery or improper delivery techniques can result in shoulder, arm, or hand nerve damage. These damages can lead to arm paralysis or weakness, a limited range of motion, or a permanent disability.
• Forceps and vacuum extractions. When an assisted delivery instrument is used improperly, it can lead to skull fractures, brain hemorrhaging, facial nerve damage, or a traumatic brain injury.
• Additional injuries. There are other injuries that can occur when a birth is difficult, such as spinal cord or bone injuries. A lack of proper maternal care can also lead to surgical mistakes, infections, delayed diagnoses, or excessive bleeding.

It can be difficult to keep track of everything that occurs in a chaotic birthing suite. If you think you or your child has suffered as a result of medical malpractice, an experienced birth injury attorney can review your case. They can gather evidence to represent your interests in negotiations with the hospital.

FAQs

What Shouldn’t You Say to a Personal Injury Lawyer?

There are several things you should not say to a personal injury lawyer. You should be honest about the case and provide as much detail as possible, but you should never guess if you are unsure about something. You should never apologize or admit fault, as doing so can hurt your case. It is important not to minimize or exaggerate when discussing injuries or the effect an accident has had on your life.

Do Hospitals Usually Settle Birth Injury Claims Out of Court?

Yes, hospitals do usually settle birth injury claims out of court. The hospital can negotiate a fair settlement with your Baldwin Park birth injury attorney that takes current and future medical needs into consideration. Hospitals have an incentive to settle without a trial to prevent negligence accusations from becoming part of the public record. It is important not to settle until you have an understanding of the long-term medical needs of your child.

How Long Do Birth Injury Cases Take to Settle?

There is no standard length for a birth injury case before a settlement is reached. The complexity of the case plays a large role in how long it takes to settle. Mild injuries that can heal over time without the need for continued care are quicker to settle than cases where there is a long-term injury or disability. Ideally, you want to wait until doctors decide the child has reached Maximum Medical Improvement to determine future medical needs.

Is There a Cap on the Amount of Damages for a Birth Injury Claim?

There is no cap on the amount of economic damages that can be recovered from a birth injury claim, but there is a cap on the amount of non-economic damages that can be recovered. The Medical Injury Compensation Reform Act allows for an increased cap every year until 2033, with the highest cap being $750,000. After 2033, the limit increases each year based on inflation. There are also provisions for a sliding lawyer contingency fee scale.

Contact Thon Beck Vanni Callahan & O’Connor Today

Birth injuries can range from temporary injuries that the child can overcome to permanent disabilities that require long-term medical care. When a birth injury is caused by medical malpractice, you deserve fair compensation to care for your child. Contact Thon Beck Vanni Callahan & O’Connor today to schedule your initial case evaluation.