My Baby Was Born With a Birth Injury, Do I Have a Claim?

The birth of a child is a momentous occasion filled with joy and anticipation. However, when complications arise during labor and delivery, the experience can become traumatic—especially if your baby suffers a birth injury. In some cases, birth injuries are unavoidable due to natural complications. However, when medical negligence or mistakes contribute to these injuries, parents may have the right to file a birth injury claim and seek compensation for the harm caused to their child.

If your baby was born with a birth injury, it’s crucial to understand your legal rights and determine whether you have grounds for a medical malpractice lawsuit. This article explains the steps to take, the causes of birth injuries, and how a skilled birth injury lawyer can help you seek justice and compensation.

What Is a Birth Injury?

A birth injury refers to physical damage or trauma sustained by a baby during labor and delivery. These injuries can range from mild and temporary conditions to severe, permanent disabilities. Common birth injuries include:

Cerebral palsy – A neurological disorder caused by brain damage during birth, affecting movement, muscle control, and posture.
Erb’s palsy – Damage to the brachial plexus nerves, resulting in weakness or paralysis in the arm.
Brain injuries – Caused by oxygen deprivation (hypoxia) or physical trauma during delivery.
Fractures – Often involving the clavicle or skull due to improper use of delivery tools.
Facial nerve damage – Can result in partial facial paralysis.
Birth asphyxia – Lack of oxygen to the brain, leading to potential neurological damage.

Causes of Birth Injuries

Birth injuries can occur due to several factors, some of which are natural complications, while others are the result of medical errors. Understanding the cause of your baby’s birth injury is essential to determine if you have a claim.

Natural Causes

Certain birth injuries occur despite the best efforts of medical professionals. These include:

Large baby size (macrosomia) – Increases the risk of shoulder dystocia and other complications.
Breech presentation – When the baby is positioned feet-first during delivery.
Premature birth – Premature infants are more fragile and susceptible to injuries.

Medical Negligence and Preventable Errors

In many cases, birth injuries are the result of medical malpractice. Examples of negligence that can lead to birth injuries include:

Failure to monitor fetal distress – Ignoring signs of oxygen deprivation or abnormal heart rate.
Delayed C-section – Waiting too long to perform a cesarean section when it is medically necessary.
Improper use of delivery tools – Misuse of forceps or vacuum extractors can cause fractures or nerve damage.
Medication errors – Incorrect use of labor-inducing drugs can lead to complications.
Failure to diagnose and treat maternal infections – Certain infections can harm the baby if left untreated.

Do You Have a Birth Injury Claim?

To determine whether you have a birth injury claim, it’s essential to establish that medical negligence occurred. A successful claim requires proving the following elements:

1. Duty of Care

Medical professionals owe a duty of care to their patients, including pregnant mothers and their babies. This means they are expected to provide treatment that meets the accepted medical standard.

2. Breach of Duty

To have a valid claim, you must show that the medical provider breached the standard of care. This could be due to an action or failure to act that a competent professional would not have made under similar circumstances.

3. Causation

You must demonstrate that the medical provider’s breach of duty directly caused the birth injury. This often requires the help of medical experts who can explain how the negligence led to your baby’s condition.

4. Damages

Finally, you must prove that the injury resulted in damages, such as medical expenses, emotional distress, and long-term care costs.

A skilled birth injury lawyer can help you gather evidence, consult with medical experts, and build a strong case to prove these elements.

Compensation Available in a Birth Injury Claim

Families affected by birth injuries may be entitled to significant compensation for their losses. The damages available in a birth injury lawsuit can include:

Economic Damages

Medical expenses – Covers the cost of past and future treatment, including surgeries, medications, physical therapy, and assistive devices.
Rehabilitation and therapy costs – For physical, occupational, and speech therapy.
Special education and adaptive equipment – For children with long-term disabilities.
Lost wages – Compensation for parents who must reduce their work hours or quit their jobs to care for their child.

Non-Economic Damages

Pain and suffering – Compensation for the physical pain and emotional trauma experienced by the child and family.
Emotional distress – Anxiety, depression, and PTSD resulting from the traumatic birth experience.
Loss of enjoyment of life – For children who are unable to participate in normal activities due to their injuries.

Punitive Damages

In cases involving gross negligence or willful misconduct, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future.

How a Birth Injury Lawyer Can Help

Filing a birth injury lawsuit can be complex and emotionally overwhelming, especially when you are focused on your child’s recovery. An experienced birth injury lawyer can provide the support and guidance you need to navigate the legal process.

Investigation and Evidence Collection

Your lawyer will thoroughly investigate your case, review medical records, and consult with medical experts to determine whether negligence occurred.

Building a Strong Case

A skilled attorney will gather evidence, secure expert testimony, and develop a compelling argument to support your claim.

Negotiation and Settlement

Most birth injury cases are resolved through settlement. Your lawyer will negotiate with insurance companies and defense attorneys to secure a fair settlement that covers your damages.

Representation in Court

If a settlement cannot be reached, your lawyer will represent you in court and fight for the compensation your family deserves.

California’s Statute of Limitations for Birth Injury Claims

In California, there are strict deadlines for filing birth injury lawsuits:

For medical malpractice claims, you must file within three years of the injury or one year from when you discovered the injury, whichever comes first.
For minors, the statute of limitations may be extended until their eighth birthday in certain circumstances.

Failing to meet these deadlines can bar you from seeking compensation, so it’s essential to contact a birth injury lawyer as soon as possible.

Why Choose The Law Office of Melinda J. Helbock?

At The Law Office of Melinda J. Helbock, we are dedicated to helping families affected by birth injuries. We offer:

Decades of experience handling birth injury and medical malpractice cases.
Access to top medical experts to support your case.
Personalized legal strategies tailored to your family’s unique needs.
Aggressive representation to fight for maximum compensation.

Contact a California Birth Injury Lawyer Today

If your baby was born with a birth injury, you don’t have to face this journey alone. A California birth injury lawyer can help you hold negligent medical professionals accountable and secure the compensation you need to care for your child.

Contact us today for a free consultation, and let us help you take the first step toward justice.

References

Centers for Disease Control and Prevention. (2024). Cerebral Palsy and Birth Injuries: Facts and Figures. Retrieved from https://www.cdc.gov
American Medical Association. (2024). Standards of Care in Obstetric Practice. Retrieved from https://www.ama-assn.org
National Institutes of Health. (2023). Birth Injuries and Long-Term Outcomes. Retrieved from https://www.nih.gov