California Birth Injury Attorney

Was your baby injured at birth?

Obstetricians, pediatricians, doctors, nurses, pharmacists and other healthcare professionals have a responsibility to uphold an acceptable standard of care when treating and advising their patients. Many perform admirably. Even well-intended and experienced medical professionals can make mistakes, become careless, or fail to take the correct action under strain or pressure. In some cases, even economic pressures can lead to shortcuts in treatment which can have disastrous effects.

When medical negligence causes a child to be born with a birth defect or injures an infant during delivery, the liable party can be held responsible. With the help of a skilled malpractice lawyer, victims can pursue financial compensation to cover the cost of injury-related expenses as well as noneconomic damages such as pain and suffering.

The attorneys at Bostwick & Peterson, LLP are here to ensure that your newborn child receives the best quality care and attention after a birth injury or defect. We can answer your questions and discuss how to seek compensation through civil action for the short and long-term repercussions of the birth injury.

Birth Injuries, Birth Defect Claims, and Litigation Information

At Bostwick & Peterson, we have experience handling a wide range of malpractice claims. Below, you can find more information about these claims as well as information that could play a vital role in your potential claim.

Types of Birth Injuries

Brachial Plexus Injury
One serious type of injury that can be incurred from a newborn during the birthing process is the stretching of nerves around their shoulder – resulting in what is known as a brachial plexus injury. This can cause not only weakness in the arm, but also paralysis.

Brain Injuries
One of the most severe of injuries that can be inflicted upon a newborn is damage to the brain. This can cause mental retardation, developmental delays and can be life-altering. If a doctor caused the injury or if they failed to treat it in a timely fashion, they can be held liable.

Chemical Birth Defects
Certain defects such as cleft lip, missing organs, leukemia, cancerous eyes and abnormal brains can be classified as chemical birth defects. If your child has been exposed to chemicals that resulted in serious birth injuries and defects, our firm can help.

Cerebral Palsy
One of the most well-known types of birth injuries is that of cerebral palsy – a chronic condition that is not currently curable. While medical malpractice is not always the cause of this condition, if it did cause your child to suffer a serious injury, steps should be taken to protect your child.

Erb's Palsy
One form of brachial plexus injuries is known as Erb's palsy – an injury that affects the shoulder. It is typically sustained during a particularly strenuous birthing injury where excessive force tweaked the shoulder past its normal functioning point – causing weakness and stunted growth in the arm.

Hypoxic Ischemic Encephalopathy (HIE)
Children who suffer from Hypoxic Ischemic Encephalopathy (HIE) suffer from a condition in which the limited flow of oxygen and blood can actually caused serious brain damage. Some common causes attributed to HIE include birth trauma, uterine rupture and birthing trauma.

Kernicterus
In children that suffer from severe jaundice, they may experience kernicterus – a rare neurological condition that is brought upon by high bilirubin levels. This can cause lethargy, seizures, mental retardation, movement disorders and more in newborns.

Mental Retardation
A legal and medical term used to define a person who has lower than average mental abilities, mental retardation can sometimes be caused by genetics, but can also be brought upon by medical malpractice and negligence.

Mental Retardation
A legal and medical term used to define a person who has lower than average mental abilities, mental retardation can sometimes be caused by genetics, but can also be brought upon by medical malpractice and negligence.

Paraplegia & Quadriplegia
When a child suffers from paralysis to either all of their limbs or part of them is can be referred to as paraplegia and quadriplegia. Sometimes, this loss of use of their limbs can be attributed to medical malpractice when issues are not quickly diagnosed and treated.

Shoulder Dystocia
Occurring in a particularly difficult delivery, shoulder dystocia is most commonly attributed to when the shoulder of the baby becomes stuck (usually behind the mother's pelvis). If this is not diagnosed and treated quickly, it can result in Erb's palsy, brain injuries and more.

Spinal Cord Injuries
Injuries that affect the spinal cord of a child are some of the most catastrophic forms of trauma that can occur – on par with brain damage. Should this have resulted in paralysis or an inability of the body to regulate itself, the child could sustain life-injuries consequences.

Birth Injury Claim Information

Medical Malpractice
Cases of medical malpractice are unfortunately not nearly as uncommon as we would like them to be. If the negligent or reckless behavior of a medical professional caused your child to suffer from a birth injury, it is in your best interests to consult with our firm today.

Statute of Limitations
In the state of California, there is a three year statute of limitations from either the date of injury or within one year from the date of discovery or the moment when it should have reasonably been discovered. Infants have three years or until the age of eight to file.

Medical Malpractice Arbitration
In some cases, a case of medical malpractice will be able to be settled without the involvement of the court justice system. By utilizing arbitration, the wronged party can take this path – however, due to the complexity, it is highly recommended that a legal heavyweight is involved.

Wrongful Death
If you have lost a loved one in relation to a birth injury, then you should not be forced to suffer in silence. By getting the involvement of an experienced lawyer, you will be able to file a claim to not only hold them liable, but also to recover damages such as loss of companionship.

Birth Injury Information

Bilirubin
When a newborn is not fully developed and does not have a fully functioning liver, they are unable to remove the bilirubin from their body – resulting in severe jaundice. If this is not treated quickly, it can result in serious health consequences such as loss of hearing or mental retardation.

Brain Cooling
A new technique of hospitals in an effort to help offset brain injuries is what is known as "brain cooling." By utilizing a water cooled cap, it helps reduce the temperature of the baby which can reduce the need for oxygen to the brain and limit the severity of the damage.

Delays in Development
In some cases, when a child is not developing at the proper and accepted rate, it can be attributed to a birth injury that was sustained during pregnancy or during the birthing process. When this occurs, it is important to get the involvement of an experienced lawyer to represent you and your family.

Detecting a Birth Injury
In some cases, you may not be able to detect the presence of a birth injury immediately upon the birth of your child. In fact, in some cases, it may take years before you are fully aware of the damage that your child has sustained.

Fetal Heart Tracing
During the birthing process, medical professionals should be monitoring the heartbeat of both the mother and the baby. If they do not monitor the heartbeat or do not react quickly to changes to the heartbeat, they could be held liable for injuries sustained as a result.

Labor & Delivery Problems
Some injuries are not sustained during the pregnancy or after it, but actually during the birth process. Having a premature delivery, improperly using Pitocin, leaving the child too long in the birth canal or using forceps incorrectly could all translate into catastrophic injuries.

Pitocin
A synthetic hormone known as Pitocin can be used in delivering women to help induce labor. While a safe procedure should too much or not enough of the hormone be used or should it be incorrectly monitored, it can actually result in serious injuries and illness to the child.

Premature Delivery
In some cases, premature delivery (earlier than 37 weeks) is unavoidable. In others, however, when brought about my negligent or careless medical professionals, it can be the result of serious issues with the baby. If your child has recently wrongfully suffered from something of this nature, get us involved.

Birth Injury and Medical Malpractice

Birth injuries and birth defects can warrant medical malpractice claims. When healthcare professionals like doctors and obstetricians fail to exercise reasonable care and babies suffer because of this, parents can bring medical negligence claims against the responsible party. Bostwick & Peterson, LLP has won more than $750 million in verdicts and settlements on behalf of our clients. If you believe that your child was injured through an act of negligence, contact us to learn your legal rights and options.