Getting Support & Navigating Care: What California Parents Should Know About Birth Injury

Welcoming a new child into the world should be a joyous experience, but when birth injuries occur, it can quickly turn into a time of uncertainty, worry, or—in the worst cases—loss. At Morgan & Morgan, we understand the profound impact a birth injury can have on a family. Our dedicated California birth injury lawyers are here to support you and fight for the justice and compensation your child deserves.

More often than not, a birth injury could have been prevented, and a simple act of negligence may have caused a lifetime of challenges. For over 35 years, Morgan & Morgan has fought for the victims of birth injuries and to hold at-fault parties accountable. If your family experienced an unnecessary birth injury, contact Morgan & Morgan to learn more about your legal options at no cost to you.

What Is a Birth Injury According to California Law?

A birth injury typically involves damage or harm suffered by an infant or a mother prior to, during, or shortly after giving birth. Birth injuries can result from various factors during pregnancy, labor, or delivery. These injuries may be caused by medical negligence or malpractice, resulting in long-term physical, emotional, and financial challenges for families. 

Common birth injuries can lead to any of the following medical conditions:

• Cerebral Palsy: A condition caused by brain damage during birth, leading to motor function impairment.
• Erb’s Palsy: A nerve injury affecting the shoulder, arm, and hand, often due to excessive pulling during delivery.
• Hypoxic-Ischemic Encephalopathy (HIE): Brain damage caused by oxygen deprivation during labor and delivery.
• Fractures: Broken bones, commonly the clavicle, resulting from difficult deliveries.
• Facial Paralysis: Nerve damage leading to loss of muscle movement in the face.

What Causes Birth Injuries?

Medical negligence or malpractice is one of the primary causes of birth injuries. This can occur when healthcare providers fail to adhere to the standard of care required during pregnancy, labor, or delivery. Examples include:

• Delayed or Incorrect Diagnoses: Failure to diagnose conditions like preeclampsia, gestational diabetes, or infections that can harm the baby.
• Delayed C-Section: Not performing a cesarean section promptly when the baby shows signs of distress.
• Improper Use of Delivery Tools: Incorrect use of forceps or vacuum extractors can cause physical injuries to the baby.
• Failure to Monitor: Inadequate monitoring of fetal distress or maternal health during labor.
• Medication Errors: Incorrect administration of drugs during pregnancy or labor.

Should I Pursue a Birth Injury Claim in California?

If your child has suffered a birth injury, take prompt action to protect your legal rights. This can not only help you to seek justice but also to set better standards of healthcare for future families. It can also help you to get compensated for your damages, such as subsequent medical bills for treatments required by your child’s condition. 

While a lawsuit can undo the damage, it can give you the compensation you need and deserve to move forward with your life.

The good news is that you can learn about your options for free by contacting Morgan & Morgan. Our California birth injury lawyers are easy to hire, and you can begin the process with a free, no-obligation case evaluation. That’s right—the Fee Is Free™, and you only pay if we win your case.

After an initial consultation, Morgan & Morgan’s legal team can review your case and provide you with an understanding of your next best steps forward.

If we are able to work together, our team will conduct a thorough investigation into your claim, including reviewing medical records, consulting with experts, and gathering evidence to support your claim.

We will then file a claim on your behalf, seeking compensation for medical expenses, ongoing care, pain and suffering, and other related costs. We will negotiate with insurance companies and, if necessary, represent you in court to ensure you receive the compensation you deserve.

What Is the Statute of Limitations for Birth Injury Claims in California?

The statute of limitations is a legal deadline by which a lawsuit must be filed. If a claim is not filed within this timeframe, the injured party may be barred from pursuing legal action and seeking compensation for their injuries.

In California, the statute of limitations for birth injury claims falls under the broader category of medical malpractice. The specific time limits are as follows:

1. General Medical Malpractice Claims: For most medical malpractice claims, including birth injuries, the statute of limitations is three years from the date of the injury or one year from the date the injury was discovered, or reasonably should have been discovered, whichever occurs first.
2. Claims Involving Minors: When the victim of medical malpractice is a minor, California law provides some additional considerations:
   • For children under the age of six, a claim must be filed within three years from the date of the injury or before the child’s eighth birthday, whichever is later.
   • For children aged six and older, the standard medical malpractice statute of limitations applies—three years from the date of injury or one year from the date of discovery.

Certain circumstances may alter the standard statute of limitations for birth injury claims, including:

• Fraud or Intentional Concealment: If a healthcare provider intentionally conceals the malpractice, the statute of limitations may be extended.
• Continued Treatment: If the child continues to receive treatment from the same healthcare provider for the condition related to the injury, the statute of limitations may be extended until the end of the treatment.

Do We Need to Go to Court for a Birth Injury Claim?

Many birth injury claims are settled out of court through negotiations. However, if a fair settlement cannot be reached, Morgan & Morgan is prepared to take your case to trial to secure the compensation you deserve. 

How Much Compensation Can We Expect for a Birth Injury Claim?

When a child suffers a birth injury, the emotional and financial impact on the family can be profound. Pursuing a birth injury claim can help alleviate some of the financial burden by securing compensation for the damages incurred. However, the amount of compensation you can expect to receive varies based on several factors. 

Factors Influencing Compensation Amount

1. Severity of the Injury:
   • The extent and severity of the birth injury significantly affect the compensation amount. Severe injuries that result in long-term disabilities or require lifelong care typically result in higher compensation compared to less severe injuries.

2. Medical Expenses:
   • Compensation can cover both past and future medical expenses related to the birth injury. This includes hospital bills, surgeries, medication, physical therapy, and any other necessary medical treatments.

3. Ongoing Care and Support:
   • For children who require long-term or lifelong care, compensation may include the cost of ongoing support services, such as in-home nursing care, special education, and adaptive equipment.

4. Pain and Suffering:
   • Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are also considered. These damages compensate for the intangible impact of the injury on the child and family.

5. Loss of Earning Capacity:
   • If the birth injury affects the child's ability to work and earn a living in the future, compensation may include damages for loss of earning capacity.

6. Impact on Family:
   • The financial and emotional toll on the family, including parents and siblings, can also be considered in the compensation amount. This may include compensation for the parents' lost wages if they need to take time off work to care for the injured child.

Types of Damages in Birth Injury Claims

1. Economic Damages:
   • Medical Expenses: Covers past, current, and future medical costs related to the injury.
   • Rehabilitation Costs: Includes physical therapy, occupational therapy, and other necessary rehabilitation services.
   • Assistive Devices: Compensation for wheelchairs, braces, communication devices, and other necessary equipment.
   • Home Modifications: Costs for modifying the home to accommodate the child's needs, such as installing ramps or widening doorways.

2. Non-Economic Damages:
   • Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury.
   • Loss of Enjoyment of Life: Damages for the reduced quality of life and loss of the ability to enjoy activities.
   • Emotional Distress: Compensation for the emotional impact on the child and family.

3. Punitive Damages:
   • In cases where the healthcare provider's actions were particularly egregious or reckless, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.

Why Choose Morgan & Morgan?

At Morgan & Morgan, we are committed to fighting For the People. Our California birth injury attorneys have extensive experience handling complex birth injury cases and understand the nuances of medical malpractice law. 

With over 35 years of experience, Morgan & Morgan has grown into the largest personal injury law firm in the nation. Combine that with the fact we’ve recovered over $20 billion for our clients, and then you can realize that hiring us sends a strong message that you mean business—and intend to win.

If your child has suffered a birth injury, you are not alone. At Morgan & Morgan, our experienced California birth injury lawyers are here to help you navigate the legal process and fight for justice. Contact us today for a free case evaluation and let us help you fight to secure a brighter future for your child.