Orange County Birth Injury Lawyer

If you are the parent of a child who has been injured during childbirth, you may be feeling overwhelmed with worry. Worse, you may have evidence that shows the hospital staff’s negligence may have caused your child’s injuries. According to the California Department of Public Health, birth injuries occur at a rate of approximately 2.8 per 1,000 live births in the state.

If this is the case, you may be able to file a birth injury claim against the hospital or medical professional responsible for your child’s injuries. A compassionate Orange County birth injury lawyer at Kohan & Bablove Injury Attorneys can help you determine whether you have a legal right to compensation and will help you pursue that right in court if needed.

Birth Injury Warning Signs

Birth injuries can happen to any child during birth, even if the delivery takes place in a hospital setting. The chances of your child experiencing one of these serious injuries increase if they receive care from a negligent doctor or medical staff. That staff member may have failed to use the proper protocol needed for your family’s situation. Signs that something went wrong include:

• A baby’s arm is paralyzed after delivery
• The baby does not seem to respond normally after being born
• Staff allegedly dropped or mishandled your child during their delivery

These are not the only possibilities for warning signs. If your child has faced any signs that something is wrong, getting a second opinion and a lawyer’s help can help you get answers as soon as possible. 

Birth Injury Types That May Justify Getting a Lawyer

Injuries can happen when something goes wrong with the natural delivery process, such as the following:

• Premature separation of the placenta, or placenta previa
• Breech presentation, which is also called a breech birth
• Vaginal tears or perineal lacerations
• Umbilical cord compression

Birth injuries occur during the birthing process and can result in lifelong disabilities or even death. Because of this, Orange County birth injury claims often warrant seeking out an attorney to guide you through the settlement process or through court. But when does a birth injury merit getting a lawyer? 

The key thing to look for in a birth injury case is whether the doctor could have prevented your injuries if they had exercised care for you and your child. If their actions and negligence led to these injuries, you may have grounds for a lawsuit. 

Damages in an Orange County Birth Injury Case

Your lawyer can help you determine what types of damages you can be compensated for. Birth injury cases vary widely, but in general, the following are compensable damages that you may receive:

• Medical Bills – This includes hospitalization and treatment costs, as well as any medications your child needs to treat ongoing conditions.
• Lost Wages – As a parent, you may have lost income from time taken off work to care for the child. Your Orange County birth injury lawyer can help you recover these damages. Lost wages may also include loss of future earning potential for your child if they’re disabled by a birth injury.
• Pain and Suffering – This is non-economic damages that include things like emotional distress or mental anguish that can occur due to your child being hurt. Often, these types of damages are harder to calculate than others because they’re subjective, but your birth injury lawyer in Orange County can help.
• Loss of Consortium – If your relationship with your spouse has been negatively impacted by their injuries, you may be able to receive compensation through loss of consortium damages in addition to any other damages you are entitled to.

What Funds Can I Expect from an Orange County Birth Injury Case?

The money you may receive in a birth injury lawsuit depends on a few factors. For example, the severity and permanence of your child’s injury can make a big difference in your claim. 

If your child has suffered a severe birth injury, such as brain damage or paralysis, then they will likely need lifelong care. That means higher damages awards when it comes time to settle out of court or go before a jury.

Whether medical malpractice is involved in causing your child’s condition can make a difference, too. In some cases, accidents happen, and the injury couldn’t have been avoided. If the doctor exercised caution, you may be unable to seek anything. But if the doctor was careless or even grossly negligent, you may be eligible for much more compensation. 

Seek Out a Birth Injury Lawyer in Orange County 

Not all birth injury cases go to court. Some of them can be settled out of court. But if you are dealing with a large insurance company, they may have more resources than you do. If this is true for you, they will often try to settle for less than your case is really worth. 

Because of this, it may be in your best interests to refuse their initial offer and seek assistance from an Orange County birth injury lawyer like the attorneys of Kohan & Bablove Injury Attorneys. For a free consultation, call our team at 1-844-404-2400 or complete the online contact form below.

Citations

County Health Status Profiles 2023, California Department of Public Health
https://www.cdph.ca.gov/Programs/CHSI/CDPH%20Document%20Library/CHSP2023_Final_Draft_v10.pdf