Tustin Birth Injury Lawyer

In recent years, medical advances in childbirth have been astounding. That being said, birth injuries are still far too common. Childbirth is often difficult in the best of situations. However, your child suffering because of negligent behavior from a doctor or a hospital is more than any parent should endure. In those situations, a personal injury lawyer may be able to help victims hold negligent parties responsible.

No dollar amount could erase the trauma of a birth injury, and with so much at stake, a lawsuit against a doctor or a hospital may be the last thing on your mind. But if your child is entitled to compensation due to injuries suffered at birth, it may be in your best interest to present the case to a seasoned Tustin birth injury lawyer who could fight for the compensation you need.

Birth Defects vs. Birth Injuries

Not every complication during childbirth constitutes grounds for a personal injury lawsuit. Some issues that occur at birth happen naturally and occur at no fault of the hospital or its staff. Birth defects, which might also be referred to as congenital disorders, are conditions that occur at birth from genetic or chromosomal causes.

Birth injuries, on the other hand, are not naturally occurring. They involve trauma and damage to a child during birth caused by negligence during the delivery process. Because birth injuries are due to the negligence of another, they are grounds for a personal injury lawsuit. Mother’s of a victimized child need to contact a Tustin birth injury lawyer who could help hold negligent parties accountable.

Common Birth Injuries

The term birth injury is broad, but it generally refers to any kind of damage or injury suffered by a baby shortly before, during, or immediately after delivery. Some common birth injuries include:

  • Deprivation of oxygen
  • Trauma resulting from unsafe use of forceps
  • Delayed fetal distress diagnosis
  • Delayed emergency C-Section
  • Trauma resulting from misuse of epidural

While an experienced doctor should anticipate these birth injuries and work to prevent them, not all doctors and hospitals are as diligent as they should be. When doctors and hospitals make mistakes, it is often the most vulnerable that pay for them. A Tustin attorney with experience in birth injury lawsuits may be able to help a family dealing with an unnecessary tragedy by pursuing damages through a lawsuit.

Compensation Available in a Birth Injury Lawsuit

When a child suffers a birth injury due to the negligence of a hospital or doctor, monetary compensation may be available. However, in most cases, the medical provider or their insurance company disputes their liability. Many times, it takes the work of an aggressive birth injury attorney to obtain the compensation a family deserves. Some types of compensation available in a birth injury lawsuit include:

  • Past and future medical expenses
  • Loss of future earnings
  • Pain and suffering, capped at $250,000 in most cases (California Civil Code § 3333.2)
  • Cost of long-term care

Retaining the services of an experienced Tustin birth injury lawyer could be the first step towards recovering compensation for losses.

California Birth Injury Statute of Limitations

There is a limited window in which the parent of a child suffering from a birth injury may file suit. Known as the statute of limitations, a suit must be filed before the statute expires to have any chance at recovering monetary awards. The California statute of limitations on birth injuries, set out by California Code of Civil Procedure § 340.4, varies with the age of the injured child. A lawsuit based on the injuries of a child younger than six must be brought within three years or by the child’s eighth birthday, whichever is later.

Let a Tustin Birth Injury Attorney Help

If your child has suffered a childbirth injury, you might have questions about the compensation your child is entitled to. Schedule a consultation with a Tustin birth injury lawyer to learn more. An attorney could gather evidence, vet responsible parties, negotiate settlements, and, if necessary, take a claim to court. Call today.