Laguna Hills Birth Injury Lawyer

The birth of a child is supposed to be a happy occasion. But when things go wrong due to a healthcare provider’s negligence, serious and lifelong birth injuries can result. Birth injuries can cause serious emotional, physical, and financial obligations to the parents and loved ones of the injured child.

Birth injuries are completely preventable, and when they occur at the hands of healthcare providers who commit wrongful or negligent acts, you have a right to pursue financial compensation under California law. A Laguna Hills birth injury lawyer will be essential in the asserting your right for compensation. Consult with a medical malpractice attorney today to discuss your case and begin working towards an injury claim.

Common Birth Injuries

There are two common types of injuries that may occur during the birth or delivery process. The first type of birth injury results from a lack of oxygen to the brain, known as asphyxia. This usually occurs when a medical professional fails to deliver the baby quickly enough or perform an emergency C-section in the proper amount of time, thereby depriving the child of needed oxygen. A second common type of birth injury is one caused by trauma.

Birth injuries caused by a healthcare provider or facility’s negligence fall under the umbrella of medical malpractice and can leave the child with various types and degrees of lifelong disability and cases are typically caused by medical malpractice, physician negligence, nurse/medical staff negligence, and defective medical equipment.

Other common types of birth injuries that may warrant the attention of a birth injury attorney in Laguna Hills include cerebral palsy, paraplegia or quadriplegia, labor and delivery problems, brain injuries, spinal cord injuries, and intellectual disability.

Proving Medical Malpractice

To prove medical malpractice in the context of a birth injury case, the following elements must be satisfied:

  • A physician-patient relationship must exist. Of the three necessary elements, this one is usually the easiest to prove because it just requires simple documentation. The physician-patient relationship is usually evident from the delivery room records, medical records, and other hospital documentation.
  • Birth injuries must involve the negligence of a health care provider or facility – typically, an obstetrician or delivery room nurse. In the case of an obstetrician – a specialist – negligence means a failure to provide the standard of skill, knowledge, and care in diagnosis and treatment that a reasonably prudent, competent obstetrician in the same geographical area would have provided under the same or similar circumstances.
  • Because an obstetrician is a specialist, a higher standard of medical knowledge and care is applied when compared to, say, a general practitioner. Specifics regarding the standards of care that are applicable to specialists, nurses, hospitals, and other health care providers and facilities can be found in the California civil jury instructions.
  • Once the standard of care has been established by a Laguna Hills birth injury attorney, the injured plaintiff must prove that the standard of care was breached, meaning that the health care provider or facility fell short of the applicable standard of care under the circumstances. This breach is usually established by expert testimony at trial.
  • Lastly, in order to prove medical malpractice, the patient (in this case, the child) must suffer injuries and damages, such as cerebral palsy, paraplegia or quadriplegia, brain injury, spinal cord injury, or intellectual disability.

Working with a Birth Injury Attorney

Litigating birth injury cases requires a special skill set, including both strong legal and strong medical knowledge. You should have an experienced Laguna Hills birth injury lawyer on your side at every step of the way.