Seeking Compensation for You and Your Family
When a child or a mother is injured in the delivery process because a healthcare provider was negligent, the family is entitled to compensation, but parents in these circumstances will need to be represented by a Pasadena birth injury attorney at Thon Beck Vanni Callahan & Powell, A Professional Corporation.
Each year, over 25,000 newborns in the United States sustain a birth-related injury. If a birth injury was caused by medical negligence, the parents may pursue a medical malpractice claim to seek financial compensation for their child’s ongoing treatment and care.
With more than forty years of experience fighting for the rights of medical malpractice victims, the attorneys at Thon Beck Vanni Callahan & Powell A Professional Corporation know what it takes to win the maximum compensation that your family needs and the justice that your family deserves. For more information, call us today at 626-208-9906.
Who May Be Liable for a Birth Injury?
A malpractice claim based on a birth injury may not be limited to the obstetrician who handled the delivery. If a clinic, hospital, anesthesiologist, nurse, or other party providing medical services was negligent, that party may also be held liable with a medical malpractice claim.
When a hospital hires a medical professional, it must conduct a background check of the applicant’s training, licensing, and education. If it doesn’t, and a birth injury results from that oversight, the hospital may be deemed liable for negligent supervision or negligent hiring.
A hospital must check even a physician’s credentials before it grants that physician hospital privileges. Hospitals also must ensure that an adequate number of nurses and support staff are present to provide professional-quality healthcare to patients around the clock.
What Are the Most Common Birth Injuries?
Birth injuries are often life-altering and may have lasting symptoms. Your baby’s birth injuries will depend on the nature of the birth trauma and its severity.
The most common birth injuries include:
- Full paralysis
- Partial paralysis
- Loss of a limb or use of a limb
- Cerebral palsy
- Erb’s palsy
- Brain damage from oxygen deprivation
- Shoulder dystocia
- Preeclampsia
- Death
What are the Causes of Birth Injuries?
Medical negligence is the leading cause of birth injuries such as cerebral palsy, Erb’s palsy, mental retardation, and brachial plexus damage. Specifically what kinds of medical malpractice cause these injuries? The causes include but are not restricted to:
- Depriving a child of oxygen
- An obstetrician’s use of excessive force
- Using forceps improperly
- Not performing a necessary cesarean section
- Insufficient prenatal fetal monitoring
The mistakes and complications that can result in birth injuries also include improper delivery methods, failure to respond to fetal or neonatal distress, failure to provide necessary treatment quickly, improper use of equipment, and ordering the wrong medications or wrong dosages.
What Kind of Compensation Can You Seek for a Birth Injury?
Birth injuries can lead to many complications for you and your family. Most of these cause financial losses, for which you can seek compensation by filing a personal injury claim. Our birth injury lawyers will examine your case to determine what financial compensation you can pursue.
In many cases, victims will seek the following in a personal injury lawsuit:
- Present, past, and future medical bills
- Occupational and physical therapy
- Rehabilitation
- Pain and suffering
- Lost wages
- Emotional distress
How Can an Attorney Help?
In birth injury cases, a California medical malpractice attorney can examine the details of what happened to identify which party or parties can and should be held accountable. It’s imperative for parents who have a birth injury claim to seek legal representation as quickly as possible.
Thon Beck Vanni Callahan & Powell, A Professional Corporation, offers a free first legal consultation, so it costs nothing for parents to learn how strong their claim is and how the law in California applies to their own case.
What are the Duties of Obstetricians and Delivery Room Personnel?
Throughout pregnancy and delivery, obstetricians and delivery room personnel must monitor both the mother and the child and be prepared for any unforeseen complications. When healthcare providers do not act to avoid a preventable birth injury, it’s considered medical malpractice.
Birth injuries happen for many reasons, however, and not every birth injury is a result of medical negligence. That’s one reason why parents must be advised by a medical malpractice lawyer who has substantial birth injury experience if a newborn or a mother has suffered an injury at birth.
A catastrophic birth injury victim may need to receive medical care – and pay medical expenses – for life, so parents must have an attorney who can fight aggressively and effectively for the maximum compensation available from each party that has liability for a birth injury.
What’s the Difference Between a Birth Injury and a Birth Defect?
Birth injuries happen either during labor or immediately after delivery. They are classified as injuries that happen while the baby is being born. Birth defects, on the other hand, happen as the fetus is growing in the womb. Most birth defects are caused by toxins, genetic mutations, or medications.
If you are unsure whether your baby has a birth injury, there are a few different ways you can detect it. Medical tests, developmental tests, and other signs and symptoms will help you recognize what has happened to your baby. Always seek an opinion from a medical professional who can refer you to a specialist for a diagnosis.
When is a Birth Injury Considered Medical Malpractice?
Medical malpractice happens when a medical professional neglects to fulfill their duty of care. All medical professionals must prevent harm to their patients, including newborns. When a medical professional puts an infant at risk of injury, they have committed medical malpractice.
Medical malpractice can be intentional or unintentional. In the case of birth injuries, medical malpractice is often a factor. To prove medical malpractice, you must provide evidence that another medical provider would have offered different care under the same circumstances. This can be done via expert witnesses, medical testimonials, and more.
The Best Way to Pursue Justice
Thon Beck Vanni Callahan & Powell, A Professional Corporation, will work with medical authorities and birthing experts to gather the testimony and evidence that parents will need to prevail with a birth injury claim.
Birth injury cases can be complicated. These cases often require detailed investigations and months of legal preparation. Working with the right Pasadena birth injury attorney is the best way to pursue justice and compensation for your child and your family.
In southern California, if your family has been victimized by a birth injury caused by medical malpractice, let our team of attorneys at Thon Beck Vanni Callahan & Powell, A Professional Corporation, advise and represent you.
We have recovered millions of dollars for the injured victims of negligence. For more than forty years, the award-winning attorneys at Thon Beck Vanni Callahan & Powell, A Professional Corporation, have established a record of success on behalf of our clients and a reputation for legal excellence.
Parents who are dealing with a birth injury may call Thon Beck Vanni Callahan & Powell, A Professional Corporation, at 626-208-9906 or use the contact form here on our website to schedule a free initial consultation. You will pay no attorney’s fee until and unless we recover compensation on your behalf.
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