Birth Injury Attorneys
Birth Injury Attorneys

Orange County Birth Injury Attorneys  

The birth of your child should be a magical experience for you and your family. When the negligence or reckless medical actions cause harm to your child, it does more than strip away the experience. It can wreak financial, emotional and mental devastation on the entire family.

 If your family has been impacted by a medical mistake during the birthing process that caused harm to your newborn baby, you should immediately consult with an experienced birth injury attorney. These cases are generally complicated and should be handled by a law firm that specifically handles medical malpractice cases. The legal team at the Law Offices of Samer Habbas has decades of experience in handling all types of medical malpractice claims, especially birth injuries. 

What Is a Birth Injury?

According to the National Healthcare Quality Report (AHQR), about 6 to 8 out of every 1,000 infants born in the United States are born with a birth injury. This means that approximately 1 in every 9,714 babies are born with a birth injury in the US. Most birth injuries happen during deliveries that involve some type of instrument. Not all birth injuries are the result of a medical negligence. However, if a birth injury was caused by the negligent actions of a healthcare professional, they should be held accountable for the resulting injuries.  

It is important to note that birth injuries are not the same as a birth defect, which develops before the birthing. A birth injury is any physical harm experienced during childbirth by either the child or the mother. While some birth injuries are temporary, most result in severe, life-long injuries. 

Common Types of Mistakes or Errors Resulting in Birth Injuries

Some common types of medical mistakes that result in a birth injury include:

  • Delaying or failing to recognize the need for a Caesarean Section
  • Failing to detect an umbilical cord wrapped around the unborn child’s neck
  • Failing to attach enough significance to signs and symptoms of fetal distress
  • Failing to refer a woman with a high-risk pregnancy to a specialist
  • Failing to take necessary steps to avoid premature delivery
  • Failure to take appropriate precautions upon signs of oxygen deprivation to the fetus

If you or a loved one has suffered from a birth injury, you need to immediately consult with an experienced Orange County birth injury lawyer. This is especially important if you believe that your child suffers signs related to a birth injury. The legal team at the Law Offices of Samer Habbas has the experience to help you determine whether you have a valid claim. We will investigate the facts surrounding your birth injuries to hold all liable parties accountable and help you get the justice you deserve.

Common Types of Birth Related Injuries Caused By Medical Malpractice

Most birth injuries result from the deprivation of oxygen to the baby, resulting in brain damage. When a medical professional fails to quickly deliver a baby who is in distress, or fails to properly resuscitate a baby after being born, it can possibly result in a lack of sufficient oxygen that can cause serious brain damage. Improper delivery techniques during the birthing process can also result in lack of oxygen and/or other serious birth injuries. 

Some common types of birth related injuries caused by medical malpractice include:

  • Cerebral Palsy. Cerebral Palsy is a severe type of birth injury that results when blood flow, and therefore oxygen, is cut off from the brain for an extended period of time during birth. This type of injury typically results from the baby getting stuck in the birth canal behind the mother’s pelvis, cutting off important oxygen supply. This lack of oxygen can damage or kill the baby’s brain cells, resulting in lack of certain normal brain functions. Resulting symptoms vary, but most common include problems with movement, such as trouble walking and involuntary movements. Some children also have problems with their speech, cognitive capabilities, and senses.
  • Shoulder Dystocia.  Should dystocia results from the baby’s shoulder getting stuck in the mother’s pelvic bone during birth. If the delivering medical professionals do not properly deal with this injury, shoulder dystocia can result in brachial plexus palsy. 
  • Brachial Plexus Palsy.  Brachial Plexus Palsy occurs when the upper extremity of the arm, typically the shoulder, is injured during the delivery process. Symptoms include weakness in the affected arm and the inability to use certain muscles in that arm. The shoulder and hands may also be affected. Total brachial plexus palsy results in paralysis of the shoulder, arm, and hand. 
  • Erb’s Palsy. Erb’s Parlsy is a type of incomplete Brachial Plexus Palsy marked by the nerves of the upper arm being affected, usually after a birth injury. Newborns with Erb’s Palsy often experience a loss of feeling and weakness in the impacted area. In severe cases, newborns may have total paralysis in the affected arm.
  • Klumpke’s Palsy.  Klumpke’s Palsy is a type of incomplete Brachial Plexus Palsy that only impacts the lower arm, wrist, and hand. Infants with Klumpke’s Palsy are generally totally paralyzed in the affected area, and the hand usually takes on a permanent, claw-like shape.
  • Birth Paralysis. Shoulder dystocia or cerebral palsy can also result in birth paralysis. This type of birth injury can range from loss of sensation in one area of the body to quadriplegia, or loss of movement in all four limbs.   
  • Spinal Cord Injuries. Spinal cord injuries are the most serious type of birth injuries that often result in paralysis and neurologic problems. Spinal cord injuries are generally caused by a traumatic nerve or cord damage, a meningeal tear, or other injuries from the use of forceps.
  • Intracranial Hemorrhage or Subarachnoid Hemorrhage. A subarachnoid hemorrhage is one of the most common types of intracranial hemorrhage (brain bleed). It involves bleeding in the skull, commonly under the two innermost layers of the brain covering. 

You Need to Hire an Experienced Orange County Birth Injury Attorney

Birth injury cases are complex legal claims that should only be handled by an Orange County birth injury attorney who specifically specializes in these types of cases. Making the decision of hiring the right attorney to handle your birth injury claim can be overwhelming. You should consider the following during your selection process:  

  • Look for experience – identify a firm with a proven track record of successfully settling or getting favorable jury verdicts in birth injury cases.
  • Find an attorney who has extensive trial skill – not every birth injury claim will go to trial, but you should hire an attorney who can argue your case before a jury if your case does not settle.
  • Hire an attorney who values clear and direct communication – timely responses and personal attention in all legal cases, but especially birth injury cases that are more sensitive and emotional for the parties involved.

If you or a loved one suffered a birth injury that you believe was caused by medical negligence, the legal team at the Law Offices of Samer Habbas can help you seek justice. We have the experience to balance the scale of justice and hold those accountable for their negligent actions.

Frequently Asked Questions

You may have numerous questions and/or concerns if you or a loved one experienced birth injuries. While our experienced Orange County birth injury attorneys can answer your questions in more detail, below are some common questions asked by our clients and responses. 

How much money can you get from birth injury?

The limit for birth injury claims is $250,000. However, your injured newborn may also be entitled to compensation for loss of future earning, pension benefits, and fringe benefits that will result due to lifetime permanent injuries.

What percentage to birth injury lawyers generally take?

Unlike most other lawsuits, attorneys in personal injury cases are generally paid through a contingency fee agreement. The most common contingency fee percentage is 33% to 55% of the award as payment fees.

What is traumatic birth?

“Birth trauma” is distress experienced by a mother during or after childbirth. Although trauma can by physical, it is often emotional and psychological. Birth trauma is not just about what happens during the labor process and the birth. It can also refer to how you, as the mother, feel afterwards.

Call an Experienced Birth Injury Attorney Today!

If you or your child was harmed during pregnancy or labor as a result of the negligence of healthcare professionals, immediately call the legal team at the Law Offices of Samer Habbas. We are eager to hear your story, answer your questions and lay out all of your options. 

For more information or to schedule a complimentary consultation with one of our experienced insurance birth injury lawyers, please call us at 949-873-0755.

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