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The birth of a child is a momentous occasion filled with joy and hope. However, when complications arise during childbirth and your baby suffers a birth injury, this joy can quickly turn to fear and uncertainty.
Birth injuries can have a devastating impact on your child’s life, causing physical, cognitive, and emotional challenges. At Thorsnes Bartolotta McGuire LLP, our San Diego medical malpractice lawyers understand the emotional and financial burden associated with a birth injury.
For over four decades, our team has fought on behalf of families who have suffered birth injury tragedies, securing over $2 billion in verdicts and settlements for our clients.
A dedicated San Diego birth injury attorney is committed to helping you through this difficult time and get the compensation you deserve. Contact us today online or call (619) 236-9363 to schedule a consultation.
What Is a Birth Injury?
A birth injury is any physical or neurological damage sustained by a baby before, during, or shortly after birth. These injuries often occur due to medical negligence or malpractice. They can range from minor and treatable to severe and lifelong. According to a recent research study, significant birth injuries occur in six to eight per 1,000 live births.
Common Types of Birth Injuries
Common types of birth injuries include:
Brachial Plexus Injuries
Brachial plexus injuries occur when damage occurs to the group of nerves that control movement in the arm, shoulder, and hand.
According to Children’s Hospital Los Angeles, brachial plexus injuries occur in up to four in 1,000 live births. Causes of these injuries can include shoulder dystocia, large birth weight, the use of forceps or a vacuum extractor during delivery, prolonged labor, and gestational diabetes.
Cerebral Palsy
Cerebral palsy is a neurological disorder affecting movement, muscle tone, and coordination. It is often caused by oxygen deprivation to the brain before, during, or shortly after birth.
A medical provider can contribute to this birth injury if they delay performing a c-section, fail to monitor the baby’s fetal heart rate properly, or apply too much pressure with forceps during delivery.
Caput Succedaneum
Caput succedaneum is temporary scalp swelling caused by pressure during birth. It is usually harmless and resolves independently within a few days. This injury is more likely to result from using a vacuum extractor during the baby’s delivery.
Cephalohematoma
Cephalohematoma is a collection of blood between the skull and the scalp. It is also typically harmless and resolves on its own within a few weeks. If the bleeding area is large, the baby may develop jaundice as their red blood cells break down and the body reabsorbs the blood.
Fractures
Broken bones can occur during a difficult delivery, especially if the baby is in a breech position. The clavicle is the bone most fractured during labor and delivery because the baby’s shoulder can get stuck during delivery. Skull fractures are also possible, often resulting from the use of forceps.
Hypoxic ischemic encephalopathy (HIE)
HIE is a brain injury caused by a lack of oxygen to the brain. It can lead to a variety of impairments, including cerebral palsy, intellectual disabilities, and seizures.
This injury can be caused during labor and delivery if a doctor makes a medical mistake, such as delaying the performance of a c-section, failing to monitor the mother’s blood pressure, or failing to detect complications with the umbilical cord.
A medical provider can also be responsible for HIE during the mother’s prenatal care if they fail to recognize symptoms such as preeclampsia, maternal substance abuse, fetal anemia, or impaired blood flow to the placenta.
“I was fortunate enough to be recommended to Thorsnes Bartolotta McGuire LLP for a medical malpractice case. I made the call and was immediately impressed by their professionalism, sincerity, and genuine concern for my circumstances. They handled my case the same way and did an amazing job. I highly recommend them!”
Client: Laura Wallace
Causes of Birth Injuries
Birth injuries can result from various factors. The most common cause of birth injuries is medical negligence, which can occur when a doctor, nurse, or other healthcare professional fails to provide the proper standard of care during pregnancy, labor, or delivery.
Examples of medical negligence include:
- Failing to monitor the fetus properly
- Using excessive force during delivery
- Medication errors
- Improperly using certain tools during delivery, like forceps or vacuum
- Failing to order a c-section when necessary
- Failing to provide accurate information or medical options
Other causes of birth injuries include infections in the mother during pregnancy, babies being born too early, and having more than one baby at a time.
For example, according to the CDC, babies born too early often face more health problems and made up nearly 15% of infant deaths in 2021.
Signs and Symptoms of Birth Injury
The signs and symptoms of a birth injury can vary depending on the type and severity of the injury. However, some common signs to watch for include:
- Seizures
- Difficulty feeding
- Excessive sleepiness or irritability
- Breathing problems
- Abnormal muscle tone
- Weakness or paralysis in one or more limbs
- Developmental delays
- Vision or hearing problems
If you suspect that your child has suffered a birth injury, it is essential to seek medical attention immediately. A doctor can assess your child’s condition and develop a treatment plan.
Afterward, you can contact a San Diego birth injury lawyer to find out more about your legal options. Our team at Thorsnes Bartolotta McGuire has recovered over $2 billion in settlements and verdicts on behalf of our clients in San Diego.
The Impact of Birth Injuries
Birth injuries can have a profound and lasting impact on a child’s life, with complications that can cause tremendous physical and financial setbacks.
The medical care required for a child with a birth injury can be extensive, ongoing, and very costly, including:
- Hospitalization
- Therapy
- Medications
- Medical equipment
- Home modifications
Furthermore, you may need to take time off work or reduce your work hours to care for a child with a birth injury, adding more financial stress to you and your family.
Not only are birth injuries expensive, but they can hinder your child’s physical and mental development. A birth injury can impair your child’s:
- Mobility
- Muscle control
- Coordination
- Communication skills
- Emotional well-being
Your child may also suffer from:
- Learning disabilities
- Memory problems
- Difficulty concentrating. Birth injuries can also lead to problems with sensory perception, communication skills, and the child’s emotional well-being.
A San Diego birth injury attorney will fight for the financial compensation from the negligent party to help you with the financial burden caused by your child’s birth injury.
When you trust a medical professional with your child’s birth, you expect the highest level of care. If that trust is broken and your child suffers as a result, it’s important to hold those responsible accountable.
No matter who is at fault, taking action not only seeks justice for your family but also helps prevent similar tragedies for others. Contact Thorsnes Bartolotta McGuire online or call (619) 236-9363 to work towards a safer future for everyone.
What Type of Compensation Can a Birth Injury Attorney in San Diego Help Me Get?
California law allows for compensation for various damages in birth injury cases caused by medical negligence. The compensation awarded aims to alleviate physical, emotional, and financial burdens. These damages include:
Medical Expenses
- Past medical bills: Compensation for all medical costs incurred due to the birth injury, including hospital stays, surgeries, medications, and doctor visits
- Future medical expenses: Estimations for ongoing and future medical care needs, such as physical therapy, occupational therapy, and any required medical equipment or modifications
Pain and Suffering
- Physical pain: Compensation for the physical pain and discomfort the child has endured and may continue to experience
- Emotional distress: Damages for the psychological impact of the injury on you and your child, including stress, anxiety, and depression
Loss of Future Earnings
If the birth injury affects your child’s ability to work and earn a living in the future, compensation may be awarded for the loss of earning potential.
Rehabilitation Costs
- Therapies: Costs for necessary rehabilitation services, such as speech therapy, physical therapy, and other specialized treatments aimed at improving the child’s quality of life
- Assistive devices: Expenses for equipment like wheelchairs, braces, or communication devices that assist with daily living
Special Education Needs
You may recover compensation for special education services and programs tailored to your child’s needs, including tutoring, specialized instruction, and related support services.
Home Modifications
You could be awarded costs to modify your family’s home to accommodate the child’s physical limitations, such as ramps, wider doorways, and accessible bathrooms.
Loss of Consortium
This includes compensation for the impact of the injury on the parents’ relationship with their child, including the loss of companionship and the strain on family dynamics.
Punitive Damages
In cases where the medical provider’s conduct was particularly egregious or reckless, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
Factors Affecting Compensation Amounts
The compensation awarded in a San Diego birth injury case can vary significantly depending on several factors. The amount you are able to recover may be influenced by the:
- Severity of your child’s injuries and their lifelong implications
- Estimated cost of your child’s future medical care
- Affect of your child’s birth injury on their ability to work and earn a living
- Physical and emotional pain your child endures due to the birth injury
- Emotional toll on you and other guardians caring for the child
- Degree of fault attributed to the medical professionals involved in the birth injury
Advantages of Having a Birth Injury Lawyer in San Diego on Your Side
Your child’s birth injury can consume a lot of your time and energy, which is why partnering with a lawyer can be incredibly helpful. A lawyer not only eases this burden but also boosts your chance of a successful outcome:
- Over 90% of people with a lawyer received a settlement or award, compared to about 50% who handled their own claims.
- Those with a lawyer got an average of $77,600, while those without got around $17,600.
- People who don’t take the first offer and negotiation often get settlements that are $30,700 higher than initial offers.
Settlements and Verdicts We Have Won for Birth Injury Clients
Finding out that your baby has suffered a birth injury is something that a parent should never have to experience.
We recognize that compensation can’t restore everything that’s been taken from you and your child, but it can give you much needed relief and support for your child’s future. Below are some examples of the compensation we have achieved for our clients:
- $2.8 Million Verdict won against the U.S. for a baby that suffered brain damage.
- $2.6 Million Settlement in a case where a doctor missed signs of trouble with the baby and didn’t do a needed C-section in time, leaving the child with severe disabilities and needing constant care.
“Welcoming a child into the world should be a time of excitement, not worry and devastation. We understand how heartbreaking it is to learn that a birth injury will compromise your child’s health and future. Our firm’s job is to help families through these tough times, making sure your child gets the care they need and those that are responsible are brought to justice.”
- Founding Partner, Vincent J. Bartolotta, Jr.
How a Birth Injury Attorney in San Diego Can Help
If you believe medical negligence caused your child’s birth injury, you may have legal options. A San Diego birth injury lawyer at Thorsnes Bartolotta McGuire can help you navigate the complex legal process and fight for the compensation your family deserves. Here is how we can help:
- Gathering medical records: Our team will review your child’s medical records, birth records, and other relevant documentation to identify potential red flags and build a strong case.
- Getting opinions from healthcare professionals: We work with qualified medical professionals to evaluate the cause of the birth injury and determine whether proper medical care could have prevented it.
- Checking hospital procedures: Our lawyers will look into how the doctors, nurses, or other medical professionals should have handled your child’s delivery. We’ll see if they followed the acceptable standard of care or if they made mistakes.
- Identifying liable parties: We will find out who is legally responsible for your child’s birth injury.
- Showing medical negligence: Our lawyers will build a strong case that proves medical negligence played a role in your child’s injury. This involves demonstrating that the healthcare provider breached their duty of care and that this breach directly caused your child harm.
- Calculating damages: We’ll team up with financial experts to figure out future medical costs, therapy needs, lost income potential, and other damages from your child’s birth injury.
- Preparing for trial: While most birth injury cases are settled outside of court, we are always prepared to take your case to trial if necessary. Our attorneys have a proven track record of success in court, so you’ll have solid support throughout the process.
- Clear communication: We’ll keep you updated on your case and quickly answer any questions or concerns you have.
- Long-term planning: If your child needs ongoing care, we can connect you with resources and support systems for the long road ahead.
Request a free consultation with a knowledgeable birth injury lawyer in San Diego today. Contact us online or call (619) 236-9363 to schedule a no-obligation case review and learn how we can help you fight for justice for your injured child.
Why Hire a San Diego Birth Injury Lawyer at Thorsnes Bartolotta McGuire
If your child suffered a birth injury in San Diego, do not hesitate to contact a qualified birth injury attorney at Thorsnes Bartolotta McGuire. Since 1978, we have supported families in getting the help they need to move forward following a birth injury.
Reach out to us online or call (619) 236-9363 for a 100% free case evaluation to talk about your situation and explore your legal options. Our team is committed to securing the resources your child needs to receive the best possible care and build a brighter future.