Los Angeles Birth Injury Attorney
A person can experience no greater gift than bringing a baby into this world. Of course, parents know that there is the possibility that something may go wrong during childbirth, but no one expects a birth injury to occur.
Sadly, errors and mistakes can occur before, during, and even after a child’s delivery that can cause life-changing complications or harm to both the newborn and their mother. These tragic birth injuries are traumatic, emotionally devastating, and traumatic. They often result in long-term hardship and challenges for entire families.
Mistakes and errors in judgment on the part of healthcare professionals during childbirth can result in the mother or her child suffering life-altering injuries. In both vaginal and cesarean deliveries, medical negligence can result in birth injuries. In some cases, it can even lead to death.
While there is no denying that accidents can happen, most birth injuries are avoidable. When a newborn suffers an injury during the birth process due to a medical provider’s neglect, carelessness, or some intentional act, you may be able to take legal action. If your child has suffered from some life-altering birth injury, the expert Los Angeles birth injury attorneys at the Law Offices of Samer Habbas and Associates can help.
With multiple offices located in Los Angeles, El Segundo, Anaheim, Irvine, Riverside and El Segundo, our medical malpractice lawyers represent birth injury victims across Southern California. For more information or to schedule a complimentary consultation with a Los Angeles birth injury attorney, please call 949-449-2703.
Frequently Asked Questions About Birth Injury Law
The experienced birth injury law experts at the Law Offices of Samer Habbas & Associates have put together this FAQ (frequently asked questions) section to help answer some of the most common questions about birth injury claims in Los Angeles.
How long after a birth injury can you sue?
When it comes to birth injuries that a baby has sustained as the result of medical negligence or medical malpractice in the birth process, a lawsuit may be brought on behalf of the child at any point before the child’s eighth birthday.
This deadline applies to filing a birth injury lawsuit against a private entity. California’s public healthcare providers, such as county hospitals and other public facilities, have much shorter deadlines. A Los Angeles birth injury attorney can help you determine what statutes of limitations might apply in your birth injury case.
Can you sue for traumatic birth?
Research is still ongoing to determine how a traumatic birth might impact the mother’s physical or mental health following the experience. The consensus is that this trauma may negatively impact multiple aspects of the mother’s health.
Although not all cases of traumatic birth experience are grounds for filing a lawsuit over medical malpractice, if the traumatic birth involved physical injury to the mother or the child, there may be grounds to sue.
The following situations may also include grounds for filing a medical malpractice suit following the experience of a traumatic birth:
- A procedure that was performed (i.e., C-section) was deemed unnecessary
- Consent to perform the procedure was not given by the mother
- Coercion was used to gain consent from the mother
- The mother wasn’t made fully aware of the reasons behind or the risks involved
- The traumatic birth experience caused emotional distress or pain and suffering
What is the statute of limitations on birth injury in California?
When it comes to California birth injury lawsuits, three different statutes of limitation must be considered.
They are as follows:
- Eight (8) Years: Most claims involving birth injury to a newborn child have a statute of limitations of eight years. That means that the parent has up to the first eight years of the child’s life in order to assess the seriousness of the birth injury, the cost of treatment, and so on. Claims filed closer to the child’s eighth birthday will likely reflect the most accurate amount of compensation due. However, you shouldn’t wait too long and risk missing any filing deadlines.
- Twelve (12) months: In situations where a mother is harmed as the result of medical malpractice during the birthing process, the statute of limitations on California medical malpractice cases will apply. That statute of limitations is just 12 months. That means that if both mother and child are injured during the birthing process, the mother’s case must be filed within a year while the child’s case can be filed within eight years, as mentioned above.
- Six (6) Months: In the case of a birth injury to a mother or a child occurring in a public facility, it will be subject to a statute of limitations of only six months. Unfortunately, many Los Angeles health clinics and hospitals, even those belonging to private medical groups, are considered public entities. Therefore, you must understand ahead of time what type of facility is handling your birthing process, just in case you need to bring a claim in the future.
Can you sue a hospital for not following your birth plan?
Birth plans consist of verbal and written communications between an expecting mother and the doctor that includes any of her wishes or goals involving the birthing process. It outlines how the mother wishes the delivery to happen and outlines what she doesn’t want to happen during the process.
While some birthing plans are pretty basic, others are incredibly detailed and may include:
- Who and how many will be present during labor/delivery
- The preferences for C-section vs. vaginal delivery
- What equipment to use during the process
- The birthing positions that will be used
- Use of epidurals or other medications
- Fetal monitoring
- Use of drugs like oxytocin for inducing contractions
- Natural tearing vs. episiotomies
- Use of forceps or vacuums
- Access to the baby right after birth
- Who cuts the baby’s umbilical cord
- Any special placenta requests
Although an expecting mother might have a birthing plan in place, many healthcare providers will ignore the mother’s wishes, conducting unnecessary procedures and interventions that go against her birthing plan.
Birth injury medical malpractice suits often involve a doctor’s failure to act appropriately in an emergency. For this reason, doctors may talk a patient into certain treatments or procedures that stray from the original birthing plan. They may even move forward without consent. Unfortunately, this behavior can backfire, especially if the procedure or treatment harms the baby or the mother.
What is classed as medical negligence?
Medical negligence can be defined as substandard care to a patient provided by any healthcare or medical professional, which directly causes injury or causes existing conditions to worsen. There are several ways that a case of medical negligence might occur, including surgical errors, incorrect treatments, and misdiagnosis.
Consult with a Los Angeles Birth Injury Attorney to Receive the Compensation You and Your Family Deserve
If your child’s life and the lives of your family have been significantly altered due to a Los Angeles birth injury, you may be entitled to compensation. Unfortunately, California’s strict statute of limitation guidelines regarding birth injuries makes it imperative that you not delay discussing your case with an experienced California birth injury lawyer.
The experienced Los Angeles birth injury attorneys at the Law Offices of Samer Habbas and Associates know how devastating birth injuries due to medical malpractice during childbirth can be and the toll that it can take on your family. Our compassionate personal injury lawyers will take the time to sit down with you to go over your options and determine how best to handle your case moving forward.
With multiple offices located in Los Angeles, El Segundo, Anaheim, Riverside, Irvine and San Diego, our birth injury lawyers represent victims of medical malpractice across Southern California. For more information or to schedule a complimentary consultation with a Los Angeles birth injury attorney, please call 949-449-2703.