West Covina Birth Injury Lawyer

Birth Injury Attorney in West Covina, CA

The birth of your child should be cause for excitement. Sometimes, though, issues come up during the birthing process that can turn the event into a tragedy. If your child has suffered any kind of birth injury, you can work with a West Covina birth injury lawyer to get compensation for medical bills and other damages.

Trust Thon Beck Vanni Callahan & O’Connor

The team here at Thon Beck Vanni Callahan & O’Connor has been practicing personal injury law for years. In that time, we’ve handled many birth injury claims and have become intimately familiar with birth injury laws. Let us leverage our knowledge to get you the compensation you need to take care of your child and make sure they have a good life.

Why Hire a Birth Injury Lawyer?

Birth injuries cause fewer than 2% of neonatal deaths, but they account for an average of 6-8 injuries per 1,000 live births. Of the birth injuries that do occur each year, some of the most common include brachial plexus injuries and cerebral palsy. Cerebral palsy alone affects 1 in 345 children, often causing lasting disability.

Whether your infant is suffering long-term effects of a birth injury like cerebral palsy or experienced an injury that could be treated immediately, like a broken collarbone, you should hire a birth injury lawyer to help you file a claim against the liable parties. Your lawyer can gather and evaluate evidence and put together a case, making it easier for you to focus on your child while your legal team holds the negligent parties responsible.

Common Causes of Birth Injuries

Birth injuries can occur due to a variety of factors. Some of the most common causes of birth injuries today include:

• Medical negligence during either labor or delivery
• The improper use of devices such as vacuums or forceps
• The use of certain prescription drugs
• The failure to diagnose potential complications in time

The type of birth injury a child suffers varies depending on the cause. The improper use of medical devices can lead to issues like shoulder dystocia and brain injuries. A failure to diagnose a complication like preeclampsia increases an infant’s chances of being born with a condition like cerebral palsy due to restriction of oxygen to the brain. Hypoxia can also cause Erb’s palsy.

Not all birth injuries are cause for filing a medical malpractice claim. For your claim to be successful, you need to prove one or more medical professionals made a mistake that another reasonably skilled professional in the same field would not have made. If you’re not sure whether you have a claim, you should consult a West Covina birth injury attorney.

Who’s Liable for Birth Injuries?

The liable party for birth injuries varies depending on the circumstances of the injury. When medical professionals make mistakes, they may have committed medical negligence. If a pharmacist prescribes a drug that causes a birth injury, it’s the pharmacist or drug manufacturer who could be to blame. Nurses and anesthesiologists are also common culprits when it comes to causing birth injuries. To prove liability, you have to show:

1. Duty of care. The medical professional responsible for the injury owed a duty of care to the baby.
2. Breach of duty. That person failed to act in a manner consistent with what a reasonably competent professional would have done.
3. Direct harm. The breach of duty caused direct harm to your baby.
4. Actual damages. The child suffered actual damages as a result of that harm.

It’s also important to note that, in many cases, hospitals can be held accountable for the actions of their employees, thanks to vicarious negligence laws. If you’re not sure who to hold accountable for your child’s injuries, speaking with a birth injury lawyer can help you determine liability and decide how to move forward with your claim.

FAQs

What Is the Average Settlement for a Birth Injury?

There is no average settlement for a birth injury because every case is different. The settlement amount you receive can vary depending on factors such as how severe the injury was, how it occurred, and whether the child suffers lasting disability as a result. Your lawyer’s experience level can also have an impact on your eventual settlement amount.

What Is the Statute of Limitations on Birth Injuries in California?

The statute of limitations on birth injuries in California varies. It’s usually three years from the injury or one year from the discovery of the injury. However, this statute of limitations can be extended for children under eight. This provision allows for the fact that some conditions resulting from birth injuries only appear as a child develops.

How Long Do Birth Injury Cases Take to Settle?

How long birth injury cases take to settle varies in West Covina. For simple, straightforward cases that can be resolved outside of court in settlement negotiations, the process can be relatively quick. If your case is very complex or you need to take it to trial, the timeline for completing the claims process can be extended significantly.

What Are the Most Common Birth Injuries?

The most common birth injuries include broken collarbones, swelling of the scalp, cerebral palsy, and brachial plexus injuries. However, any injury that occurs to your child during the birthing process as a result of a medical professional’s negligence could be eligible for compensation. It can be expensive to care for a child who has suffered birth injuries. A West Covina birth injury attorney can help.

Your West Covina Birth Injury Lawyer

Few things are more tragic than a birth injury. These injuries can transform the lives of entire families and create substantial medical and financial needs, which is why you deserve to be compensated if they were avoidable. A West Covina birth injury lawyer can help you file a birth injury claim against the medical providers responsible.

Trust Thon Beck Vanni Callahan & O’Connor to help. We’ve handled countless birth injury claims over the more than 40 years we’ve been in practice, and our award-winning lawyers have recovered hundreds of millions for our clients. Contact us to schedule a consultation.