Redlands Birth Injury Lawyer

Birth Injury Attorney in Redlands, CA

Experiencing an injury during birth can have lasting trauma on the entire family. When a healthcare provider’s actions or inaction led to an avoidable injury, it’s normal to want justice. Reach out to a Redlands birth injury lawyer to understand your legal rights and what options you can pursue under California law.

Hire a Birth Injury Lawyer to Represent Your Case

Belgum, Fry & Van Allen is a personal injury law firm that’s spent years building trust with our community and clients through successful cases and empathetic legal care. Advocating for yourself can be difficult, especially if you don’t understand the full extent of state laws.

That’s where we come in. We’re known for our aggressive action during cases. Our attorneys aren’t willing to back down from a fight.

Reaching out to a lawyer is a great step in securing compensation for your pain. Our firm offers free consultations to those living in Redlands and the surrounding cities in California.

Steps to File Your Legal Case Against Your Healthcare Provider

In 2023, around 2,830 women living in Redlands gave birth. Every year in the United States, 20% of infant deaths are attributed to birth injuries. In 2023, there were 20,145 infant deaths throughout the country.

One of the most popular birthing centers in Redlands is the Redlands Community Hospital. In a survey taken by past patients, only 49% reported that they understood their care when they left the hospital. This disparity can easily lead to mistakes in medical care, leading to injured patients.

Doctors and other healthcare providers have a legal duty to reasonably care for their patients. If they fail to do this, a legal case can be opened against them in civil court to recover compensation and hold them accountable for their negligence. This can be filed at the Superior Court of California, located at 247 West Third Street in San Bernardino.

Be sure to hire a birth injury lawyer to take on your case. They’ll have the knowledge and experience needed to fight on your behalf.

How to Prove Negligence in Your Birth Injury Case

During your case, you’ll need to prove to the court your side of the story to help them make their decision. This includes showing:

1. You had a direct healthcare relationship with the person you’re filing against.
2. That medical professional breached their duty of care by acting intentionally or negligently.
3. That breach of care directly caused you or your newborn baby’s injuries.
4. The injuries led to real emotional or financial harm.

You have the option to file your case against multiple parties involved in the incident. Medical malpractice cases typically involve many responsible parties, as expecting parents have a team of healthcare workers providing their care. This can include doctors, nurses, paramedics, and even the hospital itself.

Your lawyer will be able to listen to your situation and determine who to file your case against.

Types of Evidence to Help Support Your Birth Injury Legal Claim

Extensive evidence is needed for a successful birth injury case. Your lawyer can help explain what’s needed and gather proof, including:

• Testimony from relevant medical professionals—California requires testimony from professionals during medical malpractice cases to explain their view on the standard of care and what caused the injuries
• Witness testimony from anyone who saw the incident happen
• Surveillance footage of the incident—this needs to be collected as soon as possible, as footage typically tapes over itself after a short period of time
• Copies of your medical records and bills
• Official documents showing your financial losses, such as lost income
• A detailed written timeline of events and your emotional pain after the incident
• Photos and videos of the injuries incurred

Courts rely on the evidence provided by all parties during the case to make their final decision. If you only have one type of evidence or weak proof, it can make it extremely difficult to win your case.

FAQs

What Is the Statute of Limitations on a Birth Injury in California?

In California, the statute of limitations for a birth injury case depends on your specific circumstances. If your child was hurt before or during birth, the deadline to file your claim is six years after their birth. If the person giving birth was injured, they’ll generally have three years to file their case. While this timeline may seem long, it’s important to act quickly after a birth injury. The longer you wait, the harder it’ll be to prove your claim.

What Types of Damages Can I Pursue in a Medical Malpractice Case in Redlands, CA?

In Redlands, CA, two main types of damages can be pursued in a medical malpractice case. Economic damages can be recovered for your medical bills, lost income, and damage to your personal belongings. Non-economic damages can be recovered for your pain and suffering, disfigurement, and inconvenience. Together, this amount can help compensate you for the losses you’ve suffered as a result of your injuries.

Is There a Limit on Compensation I Can Recover During a Birth Injury Case?

During your birth injury case, there’s a limit on non-economic damages that can be recovered. In 2023, that limit was $350,000 total for all involved healthcare providers, such as doctors and nurses on your care team. It also included $350,000 total for all involved healthcare institutions and $350,000 for all unaffiliated providers or institutions. Since 2023, however, that total will rise $40,000 per year for 10 years, up to $750,000.

What Are Punitive Damages in a Birth Injury Case?

Punitive damages are a third type of damage that can be requested in your birth injury case, depending on the specific details of what happened to you and your baby. These damages can only be requested if the wrongdoer acted with extreme fraud, malice, or oppression. For example, if your doctor intentionally lied to you about the risks of a procedure, you may request punitive damages to further punish them and deter any similar behavior from happening in the future.

Choose a Trusted Law Firm in California

Reach out to Belgum, Fry & Van Allen today to learn how we can help you during this difficult time. We offer free consultations to new clients at our office in Glendora. Our lawyers work on a contingency fee basis. This means that we don’t accept payment for our services until we’ve secured compensation for your case.