Orange County Birth Injury Attorney
Hundreds of Medical Malpractice Cases Handled
Birth injuries can be emotionally devastating to parents who never expected for anything to go wrong during the birth of their child. While we all expect that we can 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!
What Are The Leading Causes of Birth Injuries?
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 Could Be 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
What Do Birth Injury Statistics Say?
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.
But children aren’t the only ones suffering because of birth injuries. According to a study by USA Today, maternal death is a significant problem in the United States. While other developed countries (Germany, Japan, and France, to name a few), continue to see a decline in maternal death and injury rates, the reported number of injuries and deaths in the United States continues to grow. In fact, the U.S. even reported the highest birth injury rate in the developed world in 2015. Though some of these deaths are certainly due to natural causes or complications, medical malpractice may also play a significant role.
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
Cases We Have Won
Our lead trial attorney has handled situations such as the following:
- Injuries to a laboring mother because her anesthesiologist decided to take a break from monitoring her
- Birth injuries to a mother because of poor traveling nurse care
- Birth injuries due to a vacuum extraction that caused the baby's scalp to separate from the baby's skull and cause massive hemorrhage.
- Birth injuries such as brain damage and cerebral palsy from poor fetal monitoring, including delays in C-sections, delays in doctor evaluations of the fetal monitoring strip when the baby is showing fetal distress or fetal trauma, delays in taking action when the fetal monitoring strip has flatlined
- 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 and taking so long to get to the hospital that the baby was strangled by the umbilical cord