Statistics from the Birth Injury Justice Center reveal that 7 out of every 1,000 newborns in the United States encounter birth-related injuries. These injuries, constituting a significant aspect of medical malpractice, are predominantly categorized as moderate to severe, comprising 80% of cases.
Families grappling with the repercussions of birth-related injuries stemming from medical malpractice have the right to pursue compensation for the resultant damages. Distinguished as top California Birth Injury Lawyers, Bostwick & Peterson has extensive litigation experience spanning numerous successful cases that have resulted in the recovery of millions of dollars for affected families.
What is a Birth Injury?
Birth injuries transpire during the delivery process, frequently arising from medical oversights, and can inflict harm upon the fetus, infant, or mother. It's essential to note that genetics are not a contributing factor to birth injuries, and numerous children experiencing such injuries exhibit normal development until the moment of delivery. Instances of medical negligence in childbirth are alarmingly frequent, unnecessarily exposing both the mother and the baby to preventable dangers. This underscores the critical need for heightened vigilance and preventive measures to avert potential harm in birth-related cases.
At Bostwick & Peterson, we have dealt with and continue to work on a variety of birth injury cases that include:
- Brain Injuries
- Chemical Birth Defects
- Erb's Palsy
- Spinal Cord Injuries
- Cerebral Palsy
- Premature Delivery
- Shoulder Dystocia
- Labor & Delivery Problems
- Wrongful Death
Birth injuries can cause a lifetime of expenses for the family, on top of the unimaginable emotional turmoil due to the experience. It is important to note that maximum compensation directly correlates to the severity of the birth injury.
Causes of Birth Injuries
Studies show that for every 20,000 infants born per year, 20% of these children die from birth-related injuries, and approximately 30,000 infants are born with a birth injury every year. There are thousands of instances where birth injuries could have been prevented if medical professionals did not make careless errors during the birthing process.
Examples of medical negligence during childbirth can include:
- Neglecting to identify signs of fetal distress and adequately monitoring the infant's heartbeat.
- Neglecting to avert or address significant tearing or hemorrhaging in the mother.
- Neglecting to execute a medically mandated cesarean section (C-section).
- Inappropriately employing forceps or vacuum delivery methods or neglecting to apprise the mother of associated risks.
- Exerting excessive force or torsion during the infant's passage through the birth canal.
Standard of Care
It is important to hold medical professionals accountable when maintaining a standard of care when mothers are giving birth. Under California law, negligence is defined as the failure to adhere to the ordinarystandard of care. This standard characterizes the level of care reasonably anticipated by a medical professional. In the medical field, physicians or specialists are mandated to uphold this standard by possessing a reasonable level of knowledge and skill. Their practice should reflect the care and skill typically demonstrated by esteemed professionals in the same field and under comparable circumstances. Upholding this standard is integral to fulfilling the duty of care expected in the medical domain.
Birth Injury Medical Malpractice Laws
Birth injuries are commonly categorized as instances of medical malpractice. In the state of California, individuals seeking legal help for such injuries must adhere to a statute of limitations, which currently stands at 3 years from the occurrence of the injury. It is imperative to initiate the case filing process promptly. Doing so not only ensures compliance with the statutory timeframe but also plays a pivotal role in establishing the validity of the case. Taking swift action enhances the likelihood of securing maximum compensation, underscoring the importance of timely legal intervention in birth injury cases.
Why It Is Important To Work With An Experienced Attorney
Going through the emotional and financial turmoil of a birth injury case can have detrimental long-term effects on the victim and their family. Bostwick & Peterson have decades of experience helping families receive compensation due to birth injuries caused by medical negligence with record-setting settlements of up to 17 million dollars. As a nationally recognized birth injury law firm, we understand what it takes to get you the compensation you deserve.
Start the process of seeking justice for you and your loved ones by contacting us for a free case consultation today.