Orange County Birth Injury Attorney
Hundreds of Medical Malpractice Cases Handled in Southern California
Birth injuries can be emotionally devastating for parents who never expected anything to go wrong during the birth of their child. While we all place our trust in the medical system, it is an unfortunate reality that many newborns suffer injuries that could have been prevented if not for a physician’s error. These mistakes could mean a lifetime of consequences for an innocent child who may suffer physical and/or cognitive disability, and a lifetime of medical bills to provide them with the care they need.
With decades of combined experience handling medical malpractice claims and hundreds of millions of dollars successfully recovered, you can trust that our Orange County birth injury lawyers for the skill, resources, and tenacity to deliver excellent results and recover maximum compensation for past and future medical expenses, pain and suffering, lifelong costs of care, and other damages.
Contact the Law Office of Marshall Silberberg for more information regarding your case!
Cases We Have Won
Our lead trial attorney has handled situations such as the following:
- Laboring mother injured because her anesthesiologist decided to take a break from monitoring her
- Infant injured by vacuum extraction that caused the baby's scalp to separate from its skull and cause massive hemorrhage.
- Failure to diagnose congenital problems in utero
- Shoulder dystocia resulting in a flaccid arm
- Home-birth midwives failing to transport when there is a complication resulting in baby strangled by the umbilical cord
What Are The Leading Causes of Birth Injuries?
According to Right Diagnosis, one of the leading global providers of online medical health information, 7 of every 1,000 births are impacted by some type of birth injury in the United States. Based on that information, roughly 28,000 birth injuries occur in the U.S. every year, which equates to 3 birth injuries every hour.
Birth injuries can arise from a number of causes, including:
- Head trauma during delivery
- Forcible delivery
- Unskilled use of forceps or vacuum extractors
- Oxygen deprivation during birth
- The doctor’s failure to identify and treat a complicating condition
Any of these forms of negligence could lead to serious birth injuries including hypoxic ischemic encephalopathy (HIE), Cerebral palsy, Erb’s palsy, and other serious, potentially life-altering injuries
Who is Responsible for My Child’s Injury?
If your child suffered a birth injury, its important to identify the liable party. Once you’ve identified who’s responsible, you’ll be able to use that information to build your case and seek justice and compensation.
In most cases, one of the following parties is liable for a birth injury:
- Pharmaceutical companies
- Doctors, nurses, & other medical professionals
- Medical device manufacturers
The Difference Between a Birth Defect & a Birth Injury
Most parents only want one thing for their newborn child and that is for him or her to be healthy. Unfortunately, this wish is not always possible, whether it be due to a birth injury or a birth defect. While both sound rather similar, there are actually some key differences between the two and it is these differences that can dictate the course of action you might be able to take.
What is a Birth Defect?
Birth defects occur while the baby is developing within the mother’s womb and generally take place within the first three months of pregnancy. Moreover, birth defects can come in all forms, affecting how the body looks, works, or both. For example, a cleft lip would be a visible birth defect that is easy for others to see, whereas a heart defect would require special testing. Some of the most common causes of birth defects include:
- Exposure to certain medications or chemicals
- Infections during pregnancy
- Not getting enough nutrients
That said, in most cases, the cause of birth defects is unknown. While it is possible for a medical professional to be responsible for a birth defect if mother and child were not given proper prenatal care, oftentimes, birth defects are out of the hands of healthcare providers.
What is a Birth Injury?
While birth defects are generally not preventable, birth injuries are usually completely avoidable and typically caused by medical negligence. In this context, negligence is defined as a failure to act in accordance with the standard of care. Below are some of the most common causes of birth injuries caused by medical negligence:
- Miscalculation of the size of the fetus
- Pre-mature or post-mature delivery caused by improper dating
- Administration of improper medications during delivery
- Failure to properly monitor the fetus
- Failure to respond to fetal distress
- Failure to perform a timely C-Section
- Improper use of delivery assistance tools
- Failure to give the newborn oxygen when needed
If you believe your infant sustained an injury as a result of medical negligence, it is imperative that you pursue legal action to obtain compensation. Many birth injuries can result in a lifetime of costs, which is a burden your family should not have to bear when someone else is at fault.
What Type of Compensation Could I Claim?
Birth injuries can be extremely damaging, but sometimes that damage is more than physical—it can also cause emotional strife and financial struggles. Caring for a child with a birth injury, or other subsequent health conditions, can be extraordinarily costly, especially for conditions like cerebral palsy. When these types of damages occur, it is important to seek fair compensation from the party responsible for causing your child’s injury. If they were liable, they should shoulder the financial burden, not you.
Depending on the nature of your child’s birth injury, you may be eligible to claim compensation for the following:
- Medical bills
- Medication costs
- Physical therapy expenses
- Adaptive equipment (wheelchairs, breathing machines, vehicle modifications, etc.)
- Pain and suffering
- Mental anguish
The Orange County birth injury lawyers at the Law Office of Marshall Silberberg help clients throughout Southern California who are reeling from birth-related injuries. Since our founding, our firm has obtained more than $500 million on behalf of our clients. We have the knowledge, experience, and resources to pursue successful outcomes for clients who have suffered losses due to the mistakes of doctors they should have been able to trust.