Anaheim Birth
Injury Lawyer

The birth of a new child is normally a joyous occasion for parents. But joy can suddenly turn to anxiety and concern when a child sustains a birth injury. The National Vital Statistics Report has defined a birth injury as “an impairment of the neonate’s body function or structure due to an adverse event that occurred at birth.” Thankfully, the rate of birth trauma has continued to decline over the last several decades.

According to one publication in Stat Pearls, roughly 2 out of every 1000 live births result in a birth injury. These injuries can dramatically impact the health of infants and their life trajectory. A birth injury could result in physical and mental disabilities that require extensive medical care and other interventions. Caring for a child with a birth injury takes an enormous emotional and financial toll on families. At Samer Habbas & Associates, our team of experienced Anaheim birth injury lawyers understands the challenges children and parents can face due to a birth injury. If you suspect that your child has been harmed during labor or delivery, we will do everything in our power to help you get the support that you are entitled to under the law. You can reach out to us anytime at (949) 727-9300.

Common Types of Birth Injuries

A birth injury can come in many different forms. It may also result in injuries that are more or less severe. Below are some of the most common types of birth injuries.

• Cerebral Palsy: Cerebral palsy (CP) can dramatically affect a person’s ability to move and properly maintain their posture and balance. There is no cure for CP, but a person’s prognosis can dramatically improve with treatment.
• Erb’s Palsy: Erb’s palsy is a nerve condition that affects a person’s arm and shoulder. It typically results in either muscle weakness or a loss of muscle function.
• Brain Damage: Head injuries are among the most common types of birth injuries that children sustain. Given the delicate nature of a child’s head, any type of trauma can result in brain damage that leads to long-term neurological problems.
• Broken Bones: Children are vulnerable to sustaining bone fractures and broken bones during childbirth. In particular, fractures in the clavicle or collarbone are the most common fractures that occur during childbirth.
• Hypoxia: Hypoxia is a type of brain damage that occurs due to a lack of oxygen going to a child’s brain. This may occur shortly before or after a birth.

Birth injuries may not be immediately obvious. It is essential that parents consult with experienced medical professionals if they see that their newborn is displaying unusual behavior.

Common Causes of Birth Injuries

Birth injuries are nearly always the result of medical errors and negligence on the part of physicians and other hospital staff. There are a few types of mistakes in particular that account for a disproportionate number of birth injuries.

• Misdiagnosis or Delayed Diagnosis: Physicians and hospital staff must properly monitor the health status of women and their children at every point during the delivery process. If they fail to diagnose certain conditions or delay timely intervention during an emergency, this could easily result in a birth injury.
• Improper Use of Forceps or Vacuums: Any type of excessive force or incorrect placement with forceps can cause skull fractures and facial nerve damage to a newborn infant. A lack of proper training on how to use forceps or vacuum tools greatly increases the risk that a serious injury will occur.
• Failure to Monitor Fetal Distress: Physicians must carefully monitor numerous vital signs of an infant during the delivery process, including heart rate and oxygen levels. Failing to adequately monitor an infant could result in them suffering a hypoxic brain injury due to a lack of oxygen.
• Medication Errors: Hospital staff must do everything in their power to ensure that mothers and their children receive the correct medication at the proper dosage. The incorrect use of a certain medication could potentially lead to strong contractions that deprive an infant of needed oxygen.

One of the best ways that hospitals can prevent injuries is to ensure that all medical staff are well trained in their area of expertise. A checklist can also be enormously helpful in this regard. It can ensure that certain safety procedures do not simply fall through the cracks.

Why You Should Hire an Anaheim Birth Injury Attorney

Establishing liability for a birth injury can be extremely difficult. It requires consulting with medical professionals that understand all aspects of the childbirth process. There are many reasons that parents whose child has been affected by a birth injury should contact a specialized lawyer.

• Legal Knowledge: An attorney that specializes in birth injuries will understand all of the California laws and statutes of limitations that could impact your case.
• Investigation: An attorney can help gather evidence in order to build the strongest case possible. If a hospital is unwilling to hand over certain medical records, your attorney can force them to through a court order.
• Medical Experts: An attorney can help demonstrate that a physician or hospital acted negligently through the testimony of medical experts.

It is incredibly important that negligent parties are held accountable for any birth injuries. This ensures that affected children and their families are adequately compensated. Civil claims can also act as a strong deterrent for medical malpractice.

Compensation for Birth Injuries

Birth injuries can impact virtually every part of a child’s life. They can also make the process of raising and caring for a child substantially more difficult. Families impacted by birth injuries are typically entitled to damages.

• Medical Expenses: Victims can be compensated for all of their medical expenses. This includes current medical expenses and future medical costs.
• Therapy and Rehabilitation: A birth injury may necessitate extensive therapy and rehabilitation. Parents can also recover these costs through a civil claim.
• Pain and Suffering: Birth injuries can result in extensive pain and suffering. They can dramatically impair a child’s ability to live a normal life. These non-economic damages can also be taken into consideration.
• Loss of Potential Earnings: Depending on the severity of a birth injury, the affected child may never be able to become gainfully employed. Courts will take this into consideration.

There is no set formula on how much compensation any victim or family should receive for a birth injury. One of the tremendous benefits of having an experienced Anaheim birth injury lawyer is that they will fight to maximize your compensation.

How Our Law Firm Can Help You

It can be hard to know where to begin if your child has been injured during delivery or labor. Our team of Anaheim birth injury attorneys can help in many different ways.

• Free Consultation: We offer a free consultation and case evaluation for all of the people who contact our law office.
• Medical Records: We can review all of your medical records in order to give you a highly informed opinion about your case.
• Negotiation: Our attorneys can negotiate with insurance providers in order to help get you the best outcome possible.

The vast majority of cases settle before ever going to court. But if insurance providers are not willing to offer a fair settlement for your case, we are more than prepared to take every claim to trial.

Why Choose Samer Habbas & Associates?

The Anaheim birth injury lawyers at Samer Habbas & Associates have years of experience handling birth injury cases. We offer a compassionate and client-focused approach that puts the needs of victims first. In fact, we have recovered over $350 million in verdicts and settlements for our deserving clients.

Has your child sustained a birth injury due to the negligence of physicians or other healthcare providers? You may be entitled to financial compensation. Our team of highly experienced Anaheim birth injury attorneys is committed to helping and holding hospitals accountable for their misconduct. There is no case too large or too complex for us to handle. If you are even slightly concerned that your child was injured during labor or delivery, now is the time to take action. We can investigate the unique facts of your case and let you know if you have a valid claim. You can reach out to us anytime at (949) 727-9300.

 Frequently Asked Questions