California Birth Injury Attorney
Birth Injury Attorney in California
Birth injuries are among the most traumatic incidents that can happen to a new parent. Broadly, birth injuries fall under the category of medical malpractice: bad deeds are done by a doctor, medical provider, or hospital in connection with the birth of a child. For example, birth injuries may occur that give rise to liability if a doctor fails to recognize that a newborn child is not getting sufficient oxygen, causes the baby to experience undue trauma at birth, or fails to identify that a newborn child has been born with a serious issue that requires immediate medical attention.
In the United States
Birth defects affect one in every 33 babies (about 3% of all babies) born in the United States each year. [Read article]
Birth defects are the leading cause of infant deaths, accounting for 20% of all infant deaths. [Read article]
Common birth injuries include:
- Brain Damage
- Broken Bones
- Bruising & Lacerations
- Cerebral Palsy
- Erb’s Palsy
- Facial Paralysis
- Nerve Damage
- Shoulder Dystocia
- Wrongful Death
Who Can Be Held Liable?
Legally speaking, a doctor accepts a duty of care when they take you on as their patient. This means they’re required to treat you in accordance with the accepted standard of care used by the medical community. Failure to meet this standard is a breach of duty, meaning a doctor can be held liable for any damage they cause.
Statute of Limitations
There are three statutes of limitations to consider for birth injury claims in California:
8 years: For the majority of birth injury claims for injuries suffered by the newborn, there is an 8-year statute of limitations. This is true in California and many other states as well. A parent has the first 8 years of their child’s life to determine just how serious the injury is, how much it will cost to treat, and so forth. Filings made towards the end of the statute of limitations are likely to be more accurate in compensation needed, but remember not to risk missing the filing deadline.
12 months: If the mother was harmed due to medical malpractice while giving birth, the statute of limitations will fall under California’s medical malpractice statute of limitations, which is only 12 months. In cases when the mother and the child are hurt, one case can be filed for the mother within the next year, but another case for the child should be capable of filing for the next 8 years, as discussed above.
6 months: Many hospitals and clinics are part of private medical groups but some are technically public entities. Any sort of birth injury – to the mother or the child – that occurs at a public entity hospital will be limited by just a six-month statute of limitations. Be sure you know what sort of hospital or medical group is handling the birth of your child so you know how much time you have to file a claim, just in case one becomes necessary later.
We Represent Clients All Across California
You not only deserve to be compensated for your pain and suffering and the loss of enjoyment of life but, most importantly, you deserve to be free from your new financial hardships. Payment for your baby’s birth injury is often critical to you and your family’s future.
With our team on your side, you have the invaluable opportunity to seek justice and compensation for your child’s lifelong care. Our California Birth Injury Attorney is truly here for you and your family.
Call (415) 534-1911 or email us to schedule a free, confidential consultation.