Upland Birth Injury Lawyer

Birth Injury Attorney in Upland, CA

Childbirth is both exciting and nerve-racking. Expectant parents deserve to feel like they can put their trust in their medical team. When their team fails to provide proper medical care, however, and an injury happens, the results can be devastating. Reach out to an Upland birth injury lawyer if you’ve suffered an injury during childbirth and need to explore your legal options.

Work With a Trusted Attorney at Belgum, Fry & Van Allen

The team at Belgum, Fry & Van Allen has helped hundreds of California residents seek justice after being wronged by another party. We don’t take cases lightly. Our attorneys understand that your case has likely given you emotional and physical pain from which it may take years to recover.

We fight tirelessly for our clients to secure for them the justice they deserve. While compensation can’t take away what happened to you, it can help hold the responsible party accountable for what they did.

Our attorneys operate on a contingency fee basis. This means that we don’t accept payment from our clients until we secure them compensation for their case.

The Reality of Birth Injuries in Upland

Around 2,283 women living in Upland gave birth in 2023. Each year in the United States, around 30,000 babies are born with a birth injury. In California between 2019 and 2021, there were 1.28 million births and 226 pregnancy-related deaths.

These deaths and cases of birth injuries are often the result of poor care by a healthcare provider. One of the most common places to give birth in Upland includes the San Antonio Regional Hospital, which received two out of five stars on a survey taken by past patients.

During your treatment, your healthcare provider and the institution they work for have a legal responsibility to care for you and your baby. If they make a mistake or intentionally harm you through their actions or inaction, you can file a legal case against them in civil court.

Doing this can help hold them accountable for what they did and help you recover money for your losses. These cases are generally overseen at the Superior Court of California, located at 247 West Third Street in San Bernardino.

Legal Deadline to File Your Birth Injury Case

California has strict filing deadlines for medical malpractice claims. The deadlines can vary, depending on the unique circumstances of your situation. For example:

• If the one giving birth was injured, they’ll typically have three years to file their case. This deadline starts from the date of their injury.
• If the newborn was hurt before or during birth, the deadline to file a legal claim is six years after their birth.

While these deadlines may seem long, you must file as soon as possible after a birth injury. Your emotional and financial losses may continue to pile up the more time passes. If you miss your deadline to file, the court will likely dismiss your case entirely.

It’s important to hire a birth injury lawyer before filing your claim. They’ll help explain each step in your case and what you need to do to prepare for legal proceedings.

Types of Damages That Can Be Requested in a Birth Injury Case

During your case, you and your lawyer will be able to file a request for damages. These damages are meant to help you recover your emotional and financial losses. Economic damages help victims recover compensation for:

• Medical bills, including surgeries, medications, medical aid devices, mental health counseling, and physical therapy
• Lost income due to missing work because of your injuries
• Any damage to your personal belongings

Non-economic damages help victims recover compensation for their non-financial losses. This can include:

• Pain and suffering
• Disfigurement
• Inconvenience

FAQs

Is There a Limit on the Amount of Damages I Can Request in My Birth Injury Case?

In birth injury cases, non-economic damages have a limit on the amount you can request. These include $350,000 total for all involved healthcare providers, $350,000 total for all involved healthcare institutions, and an additional $350,000 if unaffiliated providers or institutions were involved, such as your medical transport. However, since 2023, this limit will rise by $40,000 per year for 10 years, up to $750,000.

What Are Punitive Damages in a Birth Injury Case in Upland, CA?

In Upland, CA, punitive damages are a specific type of damage that can only be requested in cases where the responsible party acted with extreme malice, fraud, or oppression. For example, if your doctor hurt you on purpose during birth, you can request punitive damages. If awarded, you’ll receive extra compensation. Punitive damages were designed to further punish the guilty party and deter them from any similar behavior in the future.

What Evidence Can Help Support My Birth Injury Legal Claim?

Extensive evidence can help support your birth injury claim. Courts rely on evidence to make their decisions, so having as much as possible is key to a favorable outcome. Evidence must include testimony from a medical professional in a similar field. Your lawyer can assist in gathering this. Witness testimony and surveillance footage can help provide further clarity. Include copies of any official documents, such as your medical bills, records, incident reports, and lost income from work.

Can I File a Case Against Multiple Parties in a Birth Injury Case?

You can file a case against multiple parties in your birth injury case. This is a common practice in a medical malpractice case, as there’s likely an entire care team involved in the incident. Your case can include your doctor, nurses, paramedics, and even the hospital itself. When determining who you can file against, your lawyer will use the evidence and your side of the story to decide what providers and institutions to include in your legal claim.

Hire a Birth Injury Lawyer to Fight for Your Rights

Speak with one of the attorneys at Belgum, Fry & Van Allen today about the full details of your situation. They’ll be able to provide transparent legal guidance, giving you the knowledge you need to take back control of your life after experiencing destabilization. We offer new clients free consultations at our office in Glendora.