Newport Beach Birth Injury Lawyer

Searching for a Newport Beach birth injury lawyer can be a daunting task, especially when faced with the emotional and financial challenges that accompany a birth injury. You may wonder if you can take legal action for a birth injury and how to navigate this complex legal landscape. Whether you’re dealing with medical expenses, seeking fair compensation, or trying to understand the intricacies of personal injury claims, this guide will equip you with the necessary knowledge to make informed decisions. With the right legal representation, you can ensure that justice is served and your child’s future is secured.

Why Choose Kohan & Bablove Injury Attorneys for Birth Injury Cases?

Choosing the right personal injury lawyer in Newport Beach can make all the difference in a birth injury case. At Kohan & Bablove Injury Attorneys, we pride ourselves on our client-centered approach. Most of our clients come from personal referrals, a testament to the trust and satisfaction we consistently deliver. We treat every case with the utmost dedication, regardless of its monetary value, ensuring the best possible outcomes for our clients.

Many law firms may promise results, but few can match our dedication and proven track record. We understand the complexities of personal injury law and birth injury cases. Our team of personal injury lawyers at our personal injury law firm is equipped with the knowledge and resources to handle even the most personal injury claims, ensuring that you receive the justice and compensation you deserve from personal injury law firms.

Understanding Birth Injuries

Birth injuries are medical complications that occur during pregnancy, labor, or delivery, and they can significantly affect a child’s health and development. These injuries range from minor bruising to severe conditions like cerebral palsy, which can have long-term impacts on a child’s physical and cognitive abilities. Understanding the various types of birth injuries and their causes is crucial for parents and caregivers.

Birth injuries can stem from various factors, including medical complications during childbirth, negligence, or the improper use of medical devices. Understanding these aspects helps parents advocate for their child’s health and seek appropriate legal recourse if necessary.

Common Types of Birth Injuries

Cerebral Palsy

Cerebral palsy is a neurological disorder caused by brain damage that affects movement and muscle control. This condition can result from complications during labor and delivery, leading to lifelong challenges for the affected child.

Brachial Plexus Injuries

Brachial plexus injuries, often linked to shoulder dystocia during birth, can result in arm weakness or paralysis, impacting the child’s ability to perform everyday tasks.

Erb’s Palsy

Erb’s palsy, a specific type of brachial plexus injury, results from nerve damage that affects arm muscle function. Understanding these injuries is the first step toward seeking appropriate medical and legal assistance.

Causes of Birth Injuries

Birth injuries can arise from a variety of causes, with medical negligence being a primary factor. Understanding the root causes is essential for parents seeking to protect their child’s health and pursue legal action if necessary.

Medical Negligence

Medical negligence often plays a crucial role in birth injuries. This occurs when a medical professional fails to provide the standard of care expected during childbirth. For instance, improper use of medical devices during labor or delivery can lead to significant harm. The incorrect application of forceps or vacuum extractors can cause severe injuries to the baby, such as skull fractures or nerve damage.

Undetected Fetal Distress

Another critical cause of birth injuries is undetected fetal distress during labor. Fetal distress signals that the baby is not receiving adequate oxygen, and if this goes unnoticed, it can lead to conditions like cerebral palsy. This neurological disorder results from brain damage that affects movement and muscle control, posing lifelong challenges for the affected child.

Meconium Aspiration Syndrome

Meconium aspiration syndrome is a condition where a baby inhales a mixture of meconium and amniotic fluid before or during birth. This can cause serious respiratory issues, requiring immediate medical intervention. Failure to promptly address this condition can lead to long-term breathing problems and other complications.

Delayed C-Sections

Delayed C-sections pose yet another risk. When medical professionals fail to perform a timely C-section in cases of fetal distress, the consequences can be dire. A delay can result in oxygen deprivation, leading to significant brain injuries or even stillbirth. The decision to proceed with a C-section should be made swiftly and competently to ensure the safety of both mother and child.

These examples highlight the importance of competent medical care during childbirth and underscore the potential for legal action when standards are not met. Parents must be vigilant and informed about the signs of medical negligence to advocate effectively for their child’s health and legal rights.

Legal Rights and Options for Birth Injury Victims

Parents have the right to expect competent medical care during all stages of childbirth. When this expectation is not met, it may indicate negligence. Understanding your legal rights is essential in advocating for your child’s health and well-being. One of the first steps parents can take is to review and obtain their child’s full medical records, which can provide crucial insights into the circumstances surrounding the birth injury.

Seeking legal representation is another critical step. A knowledgeable birth injury lawyer in Newport Beach can help navigate the complexities of the case and ensure your rights are protected. Additionally, filing a complaint with the medical licensing board can initiate an investigation into the alleged misconduct of the healthcare provider.

Negotiating an out-of-court settlement can often be a beneficial strategy in medical malpractice cases. This approach can help avoid lengthy court proceedings and provide timely compensation for families dealing with the aftermath of a birth injury. However, it’s crucial to have experienced personal injury attorneys by your side to ensure a fair settlement.

Filing a Birth Injury Claim

Consulting a knowledgeable medical malpractice attorney is the first step in filing a birth injury claim, crucial for evaluating the case and collecting necessary evidence. A thorough investigation into the circumstances leading to the injury may involve gathering medical expert opinions and testimony, which can significantly strengthen your claim.

During the discovery process, both parties gather and exchange evidence before the trial, scrutinizing medical records, obtaining expert testimonies, and collecting other relevant evidence to build a strong case. The more comprehensive the evidence, the stronger the case for proving negligence and securing compensation.

An experienced personal injury lawyer is invaluable throughout this process, guiding you through each step, ensuring all legal requirements are met, and advocating fiercely on your behalf in the event of a car accident, which can significantly impact the personal injury case outcome.

Statute of Limitations for Birth Injury Claims in California

In California, the statute of limitations for filing a personal injury claim, including birth injury claims, is two years from the date of injury. This means that parents have exactly two years to initiate their legal claims. Acting promptly within this period is crucial to preserve your legal rights and ensure your case can be heard.

A civil personal injury lawyer can clarify specific time limits for filing claims in California, ensuring no deadlines are missed and safeguarding your ability to seek justice and compensation for your child’s birth injury.

How We Prove Medical Negligence

Proving medical negligence is crucial for any birth injury claim. Medical malpractice involves healthcare workers failing to meet professional standards, resulting in serious birth injuries. Personal injury lawyers must prove four key elements: duty, breach, causation, and damages to establish negligence.

The plaintiff or the victim’s attorney must provide sufficient evidence to support the claim, including police reports, medical records, and eyewitness statements. Expert testimony is vital in proving that medical professionals did not adhere to accepted standards of care, leading to birth injuries.

Improper use of delivery tools, like forceps or vacuum extractors, exemplifies medical negligence requiring expert testimony to clarify the standard of care. Thorough investigation and robust evidence collection are essential to proving negligence and securing compensation for birth injury victims.

Compensation for Birth Injury Victims

Birth injury victims can seek compensation for both economic and non-economic damages. Economic damages cover tangible costs like medical expenses, disability costs, and future medical care related to the birth injury, aiming to alleviate the financial burden and ensure the child receives necessary treatments.

Non-economic damages compensate for pain and suffering, emotional distress, and loss of quality of life, acknowledging the profound impact a birth injury can have on a child’s life and the family’s emotional well-being.

Kohan & Bablove have a proven track record, recovering over $1 billion in settlements and awards for their birth injury clients.

Economic Damages

Economic damages in birth injury cases can include a wide range of tangible costs. These often encompass:

• Medical bills for clinical treatment
• Imaging scans
• Medical tests
• Physical therapy

Additionally, lost income due to caregiving responsibilities can significantly impact families and is included in economic damages claims.

Economic damages also cover costs for home modifications and assistive devices to aid the injured child’s care, essential for providing a supportive environment for development and daily activities.

Non-Economic Damages

Non-economic damages address intangible suffering, including chronic pain and emotional distress, recognizing the profound impact a birth injury can have on a child’s life and the family’s well-being. Physical pain under non-economic damages can include soreness, fatigue, and other discomforts.

Emotional impacts under non-economic damages may involve sadness, grief, depression, anxiety, and other negative emotions. Calculating non-economic damages often involves multiplying total economic losses by a factor reflecting the case’s severity, ensuring compensation reflects the true extent of suffering endured by the child and their family.

Contact Kohan & Bablove Today for a Free Consultation

If you suspect a birth injury, taking prompt action and seeking legal representation can make a significant difference. Contact Kohan & Bablove Injury Attorneys for a free consultation and let our experienced team guide you through the process of securing the compensation you deserve. Together, we can ensure that your child’s rights are protected and their future is secured.

Find an Experienced Birth Injury Lawyer Below:

Kohan & Bablove Injury Attorneys

20371 Irvine Ave Suite 110, Newport Beach, CA 92660
Phone: (949) 271-7863