If medical negligence caused your Birth Injury Lawyer Calabasas, an attorney can file a birth injury lawsuit against the responsible party. Acting swiftly can preserve evidence, ensure that deadlines are met, and provide a stronger chance of reaching a settlement.

A lawyer can also handle communications with insurers and experts on your behalf, so you can focus on your family. Parents can recover several types of damages, including economic and non-economic compensation.

Medical Malpractice

Medical professionals must provide a high standard of care to ensure safe birthing conditions. When they fail to do so, it can result in devastating injuries for newborns and their families.

If you think your child suffered a preventable injury due to medical malpractice, contact a birth injury attorney right away. Your lawyer can review your case, consult with medical experts, and file a claim against liable healthcare providers.

After reviewing the evidence, your lawyer will negotiate with hospitals and doctors’ insurance companies to reach a settlement. You may be entitled to compensation for medical bills, therapy costs, lost earning potential, and non-economic damages such as pain and suffering. Many cases settle without going to trial. However, if a trial is necessary, your attorney will fight for you in court.

Birth Injuries

A birth injury is any physical harm that occurs to a mother or child during the pregnancy, delivery, or afterbirth. These injuries can be the result of medical negligence or exacerbated by such circumstances as improper preparation for labor, misdiagnosis and/or treatment of severe maternal and child health issues, misuse of birth-assisting equipment, and more.

Some birth injuries can be detected immediately after the baby is born, such as via a physical exam, Apgar score, and diagnostic imaging (CT scan, MRI). Other conditions can only be identified over time, such as hypoxic ischemic encephalopathy (“HIE”) or cerebral palsy. In either case, a medical professional’s failure to meet the standard of care may have led to lifelong complications. A seasoned birth injury attorney can help victims fight for justice and compensation.

Damages

A successful claim cannot undo what happened, but it can help cover costs associated with the injury. A skilled lawyer can negotiate a settlement that provides sufficient financial compensation for your child’s future needs.

The monetary awards can include compensatory damages, which are meant to offset expenses caused by the defendant’s failure to abide by professional standards of care. They can include medical costs, short- and long-term rehabilitation, ongoing therapy, and a diminished quality of life. In some cases, punitive damages may be awarded for particularly negligent or reckless conduct. This separate category of damages is rare in birth injury cases. However, it can be helpful in deterring similar actions in the future. The amount of the award will be determined based on your child’s current and projected future needs.

Time Limits

Many states set time limits, known as statutes of limitations, for medical malpractice claims. These deadlines ensure that evidence remains fresh and witnesses’ memories remain clear. Without these laws, legal systems would be clogged with cases filed far after the original incidents took place.

In general, adult patients have three years from the date of their injuries or one year after discovering them to file a lawsuit for medical negligence. But babies face unique challenges and the timelines can vary.

A lawyer can explain these differences and help families understand the specifics of their individual situations. A lawyer can also gather and preserve crucial evidence, handle complex legal filings, and fight for maximum compensation. Compensation can cover financial losses including medical expenses and long-term care costs.

Contact Us

The birth of a child is often a joyous event, but medical mistakes can lead to severe and lasting disabilities. A skilled and experienced birth injury lawyer can help families with the complex process of understanding what happened and securing necessary care for their child.

Those who have suffered from a birth injury deserve to receive compensation for expenses related to rehabilitation, in-home care, and special education programs. While a legal claim cannot undo the harm caused by a medical mistake, it can provide for your family’s future and give you hope that your child will have the best quality of life possible. Contact a birth injury lawyer as soon as possible to start your case. The sooner a lawyer starts a claim, the more evidence they can gather and secure expert witnesses.