The birth of your baby is a special day and hopefully, everything goes smoothly. Unfortunately, some deliveries don’t go as planned. Complications affecting the mother, unborn baby, or both can arise.
Sometimes, these complications are easy to resolve and both mother and newborn are happy and healthy. Other times, birth injuries occur and this can have a lasting impact on your family’s lives. Coping with the aftermath of birth injuries isn’t easy but depending on the circumstances, you may have legal rights.
If your newborn experienced injuries at birth due to medical negligence, you may be eligible for compensation.
Common Types of Birth Injuries Caused by Medical Negligence
Negligent medical care during pregnancy can include a physician failing to account for the mother’s preexisting condition. Negligence can also occur during delivery. Some of the common types of injuries occurring before and during birth include the following:
- When a physician uses too much force when extracting an infant from the birth canal, brachial plexus injuries, shoulder dystocia, and other similar problems can occur.
- Cerebral palsy is an incurable medical condition resulting from a brain injury that occurs before or during birth. The symptoms are often complex and include mental, physical, and developmental disabilities. Constant at-home care is often required throughout the child’s life.
- Surgical tools like extractors and forceps can cause injuries to the infant if they’re not used properly. Sometimes, the injuries are catastrophic, affecting the child throughout their life.
- Failing to carefully monitor both the mother and child’s vital signs can cause the birth team to miss developing complications that can place both the mother and child at risk. Injuries can also be catastrophic.
- Errors with medication and anesthesia aren’t as common as some other types of negligence. However, the consequences are often severe and life-altering.
Sometimes, a C-section is necessary to help ensure the health of the mother and child. While most procedures go off without a hitch, errors can occur. The procedure must be performed by a competent physician who has a unique understanding of the mother’s and/or child’s condition.
Your Legal Rights After Experiencing a Birth Injury
If your newborn suffers a birth injury, chances are, you’re going to need some time to absorb the information.
Your first instinct is to protect your newborn and ensure their quality of life isn’t impacted any more than it needs to be. Often, this means ensuring your infant has adequate medical care. Unfortunately, this also means hefty medical bills that aren’t always covered under standard health insurance policies.
Your family health insurance may cover some or most of the costs, but even being left with some of the expenses can be difficult to manage. If your newborn suffers a birth injury, you may be able to file a medical negligence lawsuit, but California has strict rules that apply to these types of claims. These rules are different from what you go through in a personal injury claim.
Before you can file a medical negligence claim, you’ll need testimony from an expert medical professional. Their testimony should clearly explain when and how the negligence occurred and why it’s preventable for a reasonable physician. Your medical expert must also hold the same degrees and certifications as the physician named in the negligence lawsuit.
When it comes to listing and calculating your damages, your medical negligence attorney can help. Your damages can include current and future medical expenses, including long-term care if necessary. If your child’s birth injury means your home will need to be modified to accommodate their handicap, this expense can also be included in your lawsuit.
Don’t forget about non-economic damages like pain, suffering, and mental anguish. If you and/or your newborn will experience a loss of quality of life, this is another non-economic damage that you can include.
Your attorney can also help you negotiate with the physician’s and/or hospital insurance provider to help ensure you receive maximum compensation.
Statute of Limitations on Birth Injury Claims
A birth injury lawsuit is a type of medical malpractice claim and falls under the same statute of limitations. You have two years from the date of the incident to file a claim with the insurance provider, and this also applies to filing a case in civil court. You have two years from the accident date. The date you initially contact the insurance provider doesn’t affect the statute of limitations.
You may not be considering filing a medical malpractice suit immediately after your child’s birth. You have a lot of information and emotions to absorb but don’t wait too long to get started. The clock starts ticking the second the birth injury occurs and there are very few exceptions.
One notable exception is the mother’s age. If the mother is a minor at the time the birth injury occurs, the statute of limitations may not start until her 18th birthday.
Who is Liable in a Birth Injury Lawsuit Under California Law
California law allows both parents and the injured child to file a birth injury lawsuit. However, only one individual can initiate a lawsuit. For example, the injured child can’t file a lawsuit if the parents have already settled with the attending physician and/or hospital. The case is considered closed once a settlement agreement is reached. In other words, multiple family members can’t keep filing lawsuits for the same injury.
So, who are the at-fault parties in a birth injury claim? The list is extensive and not all will apply to your case. With that being said, your birth injury lawsuit can name the following as defendants:
- Surgeons
- Doctors
- Clinics
- Sperm banks
- Mental institutions’
- Obstetrician or gynecologist
- Delivery room nurse
- Medical product manufacturer
Your birth injury attorney will help you work through the list to ensure you name the correct individuals or entities responsible for the accident.
Talk to an Attorney About Your Birth Injury Case
The birth of a child should be a moment of joy and celebration—however, in unfortunate instances where negligence leads to a birth injury, it’s crucial to understand that you might have grounds for seeking compensation. Consulting with an attorney who specializes in medical malpractice or birth injuries can provide you with the necessary guidance on how to proceed with your potential case.
Such an attorney can evaluate the circumstances surrounding the injury, advise you on your legal rights, and assist in pursuing the compensation needed to address any medical treatments, rehabilitation, or long-term care your child may require.
