San Jose Birth Injury Lawyer


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. There are several types of birth injuries that do result from medical errors, however. These include the following birth injuries:

  • Brachial palsy – Injuries to the nerves that control the hand and arm caused by pulling too hard
  • Cerebral palsy
  • Brain injuries – Oxygen deprivation when the baby is left for too long in the birth canal
  • Facial paralysis – Nerve damage caused by placing too much pressure on the baby’s face
  • Fractures – Caused by pulling too hard
  • Cephalohematoma – Bleeding under the cranium caused by birth-assisting tools
  • Caput succedaneum – Soft tissue injury normally resulting from vacuum pressure

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

There are several statutes of limitations that apply in California birth injury cases. If the injury happened in a government-owned hospital, the claim must be filed within as little as six months. If children are severely injured and were born at a non-public facility, a lawsuit may be filed within eight years. If the mother was injured, the claim for her damages must be filed within one year. The different limitations periods make it important for you to contact an experienced birth injury lawyer in San Jose as soon as possible. Contact us today to schedule your consultation.

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