Birth injuries can be some of the most severe forms of damage that a child or a mother can experience. Often, the negligent actions of medical professionals like obstetricians, physicians, and anesthesiologists lead to this severe harm. In these situations, they deserve to be held accountable.
If your child suffered an injury at birth, or if you did not receive adequate prenatal care, your family may qualify for legal action. At Rodriguez & Associates, our Bakersfield birth injury attorneys are dedicated to fighting for the rights of injured infants and their parents. We can represent your lawsuit against the negligent medical professional and secure the compensation that you deserve. Contact us to speak with an experienced birth injury attorney at Rodriguez & Associates today.
Choose the Birth Injury Lawyers at Rodriguez & Associates
- Our Bakersfield personal injury attorneys have over 100 years of combined legal experience. We will leverage our wealth of knowledge and resources to craft a compelling case in your favor.
- We are dedicated to securing maximum results for our clients. Our firm has recovered millions of dollars in settlements and jury verdicts, and we have secured the highest personal injury verdict in Kern County history.
- We understand that legal representation can be expensive. That is why our firm operates on a contingency fee basis. If we do not secure a settlement on behalf of your family, you will not be charged any legal fees.
Common Types of Birth Injuries
There are many different types of birth injuries that can occur, often leading to permanent disabilities. Sadly, some infants and mothers die as a result of these complications. Below are some of the most common:
- Brain Damage: A child can be deprived of oxygen for a sustained period of time during birth. Unless the doctor acts quickly to provide adequate oxygen, a baby can suffer from permanent brain damage as a result.
- Brachial Plexus Injuries: The brachial plexus refers to a bundle of nerves that extend from the spine to the arm, hand, and shoulder. These nerves can become stretched or torn during labor and delivery, leading to temporary or permanent paralysis.
- Facial Injuries: During birth, a child may suffer from significant pressure on his or her face. As a result, the baby can suffer from permanent nerve damage in his or her face, leading to paralysis.
- Cerebral Palsy: This disability is one of the most serious types of birth injuries. As a result of cerebral palsy, a child can suffer from permanent motor skills impairment and muscle spasms.
Birth Injuries Are Often Caused by Medical Negligence
All medical professionals have a responsibility to provide a certain standard of care to the patients that they treat. If a physician, nurse, or other provider fails to provide this level of care and injures a patient, he or she could be liable for medical malpractice.
Birth injuries can occur as a result of mistakes made during the labor and delivery process. However, they can also arise due to a failure to provide adequate care to the baby’s mother before she gives birth.
Below are a few examples of medical negligence that could lead to a birth injury:
- Failure to order a medically necessary C-section
- Failure to monitor a mother for common birth complications
- The use of excessive force to remove a child from the birth canal
- The use of inappropriate tools like forceps or vacuums
- Failure to monitor a baby for signs of fetal distress, such as oxygen deprivation
- Mistakes when administering anesthesia or medication
- Failure to assess the mother’s medical history
Filing a Birth Injury Lawsuit in California
If your child suffered a birth injury due to the negligent actions of a medical professional, you have the right to pursue a lawsuit against him or her. By filing a birth injury lawsuit, you can secure compensation to pay for necessary medical care, disability accommodations, pain and suffering, and many other damages.
To secure compensation in a birth injury lawsuit, you will need to prove that the following facts are true:
- The medical professional had a duty to uphold the standard of care.
- The medical professional breached his or her duty of care by committing a negligent act or omission.
- The medical professional’s negligence caused the birth injury.
- Your child and your family suffered damages that you can recover in your lawsuit.
At Rodriguez & Associates, our attorneys can help you craft a compelling case for your child’s right to compensation. We will leverage all potential pieces of evidence, from medical records to evaluations from expert witnesses, to establish the at-fault provider’s negligence.
The Statute of Limitations for Birth Injury Lawsuits in California
California has a statute of limitations for civil lawsuits, including birth injury claims. This deadline requires that you file your claim within a certain period of time, or the court will likely dismiss your case.
For birth injury lawsuits, you must file your lawsuit within one year from the date of the injury. If you did not know about the injury until a later date, you have one year from the date that you discovered or should have reasonably discovered the injury.
Do You Need a Lawyer for Your Birth Injury Claim?
Birth injury claims can be very complex, and you will need to adhere to important laws and statutory guidelines. Pursuing litigation can be complicated, especially while your child is recovering from a birth injury.
When you hire our Bakersfield birth injury attorneys, you gain access to several benefits:
- Knowledge of the birth injury litigation process
- Experience representing families in civil court
- The ability to calculate your potential settlement
- Access to medical experts and other witnesses who can testify in your case
Contact a Bakersfield Birth Injury Attorney About Your Case
If you or your child experienced an injury at birth, you may be entitled to financial compensation. At Rodriguez & Associates, our lawyers are dedicated to helping victims of negligent medical professionals seek justice for their injuries. We can help you secure the settlement that you deserve.
As soon as possible following the birth injury, contact our firm to schedule your free case consultation. You can call or text us at (661) 777-7575 or complete our online form to arrange your appointment.