During pregnancy, it is possible for injuries to happen to the woman or the baby. When a woman is in labor, there are some types of birth injuries that result from medical errors that are made by doctors, nurses or other medical professionals. Preventable birth injuries that are caused by medical negligence may form the grounds for filing medical malpractice lawsuits.
If you or your baby suffered birth injuries, you may need legal help from an experienced San Jose birth injury lawyer. An attorney may help to determine whether medical negligence caused your injury. If the attorney accepts your case, he or she may fight to hold the responsible parties liable to pay compensation for the losses that you have suffered.
How common are birth injuries?
According to a study that was reported by the Healthcare Cost and Utilization Project, 1.5 out of every 1000 female newborns suffer a preventable birth injury, and 1.7 out of every 1000 male newborns suffer a preventable birth injury. During a single year, mothers and newborns suffered 157,700 preventable injuries during childbirth. The greatest number of birth injuries happened during vaginal deliveries in which instruments such as vacuums or forceps were used.
Common types of birth injuries
Not all birth-related injuries are caused by medical malpractice. However, some birth injuries do result from medical errors made during labor and delivery. These can have devastating, lifelong consequences for the child and their family. Some of the most common types of birth injuries caused by medical negligence include:
- Brachial Palsy: This injury affects the nerves that control the arm and hand, often caused by excessive pulling or stretching during delivery. It can result in weakness, paralysis, or limited range of motion in the affected limb.
- Cerebral Palsy: A group of disorders affecting movement and muscle tone, often caused by brain damage during or shortly after birth. This can be due to oxygen deprivation, trauma, or infection.
- Brain Injuries: Oxygen deprivation or trauma during birth can cause brain injuries ranging from mild to severe. These can lead to cognitive, motor, and sensory impairments.
- Facial Paralysis: Nerve damage during delivery can result in facial paralysis, affecting the baby's ability to move their facial muscles and make expressions.
- Fractures: Excessive force or improper handling during delivery can cause bone fractures in the baby, most commonly affecting the clavicle (collarbone).
- Cephalohematoma: This is a collection of blood under the periosteum, the membrane that covers the skull bones. It can be caused by birth-assisting tools or trauma during delivery.
- Caput Succedaneum: This is a swelling of the scalp caused by pressure during labor. It is usually harmless and resolves on its own.
If your child has suffered a birth injury, it is important to consult with an experienced San Jose personal injury lawyer. They can help you determine the cause of the injury and whether you may be entitled to compensation.
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Why you should contact an experienced San Jose birth injury lawyer
Birth injuries may result from unavoidable or avoidable factors. It is often necessary to get help from experienced birth injury attorneys in order to determine whether your baby’s injury happened naturally or resulted from medical negligence.
Medical malpractice attorneys may analyze the medical documentation from the hospital in order to identify issues that might have occurred. If the injury was caused by malpractice, you may be able to recover damages to pay for all of the losses that are associated with the birth injury by filing a medical malpractice birth injury lawsuit.
When you should contact a San Jose birth injury attorney
Time is of the essence when dealing with birth injury cases. In California, various statutes of limitations apply, which means there are strict deadlines for filing a claim. Failing to act within these deadlines could mean losing your right to seek compensation.
Here's a breakdown of the time limits:
- Government-Owned Hospital: If the birth injury occurred at a government-owned hospital, you must file a claim within six months of the injury. This significantly shorter deadline underscores the need for immediate action.
- Non-Public Facility (Child's Injury): If your child suffered a severe injury at a non-public hospital or birthing center, you have until their eighth birthday to file a lawsuit. While this seems like ample time, early legal intervention can be crucial for gathering evidence and building a strong case.
- Mother's Injury: If the mother sustained injuries during childbirth, she must file a claim within one year of the incident.
Given these varying deadlines, it's imperative to consult with a San Jose birth injury attorney as soon as you suspect a birth injury. They can assess your situation, explain your rights, and guide you through the legal process to ensure you meet all necessary deadlines.
