Claims involving birth injury do not have to be filed until the child’s eighth birthday in most cases, but there are exceptions. This allows claims for injuries that may not have been apparent until a child entered school. Unfortunately, some claims, such as claims against a government-run hospital, have much shorter deadlines so it is important to contact an experienced birth injury attorney if you suspect that your child has a birth injury.
We understand that no amount of financial compensation can remedy the loss of a child, however, you may be entitled to compensation and hold those responsible accountable for their actions — something that may help grieving parents find closure as they try to piece their lives back together. While civil code allows legal liability for fetuses, California wrongful death statutes do not allow the claim, however, you can still bring about a medical negligence / medical malpractice claim if your stillbirth was the result of medical malpractice.
One of the greatest challenges for ER doctors is in treating pregnant women because the lives of two patients are at stake: that of the mother and her unborn child. Medscape, a medical information website that publishes medical information and statistics even states “Few events cause more stress for the full time emergency physician than a pregnant woman at full term who is ready to deliver in the ED. “
Oxygen deprivation, or asphyxia, can cause devastating injury to a fetus or newborn during pregnancy, labor, the birth process, and even in newborns after their birth. When the supply of oxygen to a baby is impaired serious brain injury resulting in lifelong seizure disorders, mental impairment, and cerebral palsy can result.
Approximately 1 on every 160 births in the United states is a stillbirth. A stillbirth is defined as the loss of a baby’s life after 20 weeks of pregnancy, and most stillbirths occurring prior to delivery. Prior to 20 weeks, your loss may be referred to (medically) as a miscarriage, which, to many women seems dismissive of their loss.
The degree of complexity involved in treating any patient, including pregnant women and their fetus’, does not alleviate medical care providers and facilities of the responsibility to provide appropriate and reasonable care. If medical negligence accounted for, or contributed to a loss of life or birth injuries, doctors, nurses, and hospitals can, and should be held accountable for their own actions regardless of whether or not they were the cause of the original trauma if their negligence resulted in an bad outcome for the mother and/or her unborn child.
Some types of birth injuries are minor and, to the relief of worried parents, can heal within a few days or weeks. But other injuries that can occur during birth can be result in serious medical conditions that require lifelong treatment or accommodations. Serious birth injuries can cause endless emotional and physical suffering for children and their parents, as well as put an extreme financial burden on the family.
What is shoulder dystocia? What are the risk factors for delivering a baby with shoulder dystocia? Also, answers to questions about complications the baby and mother can suffer, as well as if all cases of shoulder dystocia complications are birth injuries brought on my medical malpractice or negligence.