Birth injury law in California
Every parent imagines a seamless transition to parenthood, beginning with an uncomplicated labor and delivery process. Unfortunately, there are situations in which mother, baby, or both are injured during the delivery process, causing irreversible or significant injuries. If you or your infant child experienced an injury during the birth process and you are interested in pursuing a medical negligence claim, a Los Angeles birth injury attorney can help you through the process and prepare a strong claim against the individual or hospital responsible for these injuries to your family.
Birth injuries are caused by a number of factors and often relate to negligence on the part of the obstetrician, labor and delivery nurse or midwife. In some deliveries, babies remain in the birth canal for an extended period of time and are deprived of vital oxygen during delivery. In other scenarios, the baby gets its shoulders wedged during delivery and the proper techniques are not implemented to free the baby and facilitate delivery as quickly as possible. One of the most common causes of birth injury is the use of devices such as forceps or vacuum extraction to assist in vaginal delivery. There are many more causes of birth injuries and your Los Angeles birth injury attorney can discuss your personal experience and advise you as to your likelihood of recovery.
If your baby experienced the onset of cerebral palsy or other neurological damage following birth and you believe this was due to medical negligence, you may be entitled to compensation. Other common injuries possibly attributable to medical negligence include skull fractures, facial nerve damage, swelling or injury to the baby’s brain stem.
A medical negligence action involves the plaintiff proving the elements of California’s negligence law: duty, breach, causation and damages. If you would like to speak to a Los Angeles birth injury attorney about your possible claim, do not delay. The California Statute of Limitations imposes a strict one-year time limit to file your claim from the date the injury is discovered. There is no limit in California for monetary damages inflicted on your family, and there is a $250,000 limit for general, non-economic damages like pain and suffering or mental anguish.
If you would like to speak to a Los Angeles birth injury attorney about your claim, contact the Law Offices of Peyman & Rahnama at (800) 505-4445.