Riverside Birth Injury Lawyer

Birth Injury Attorney in Riverside, CA

The physical, emotional, and financial impact of a birth injury can last for a lifetime. That’s why the Riverside birth injury lawyers of Belgum, Fry & Van Allen aggressively fight to get families the compensation and justice they deserve. We help families understand their rights under California law, hold negligent parties accountable, and pursue the financial support you need to provide long-term care for your child.

Hire a Birth Injury Lawyer

Birth injury cases can be extremely complex. They require extensive medical evidence, testimony from expert physicians, and long-term care projections. Hiring the right attorney makes a big difference. Our team understands the medical, legal, and emotional challenges that come with a traumatic birth event. We have decades of experience investigating these cases and working with medical experts to identify what went wrong.

We at Belgum, Fry & Van Allen work on a contingency fee basis, which means you don’t pay a thing unless we win your case. This lets every family have a chance to get the justice they deserve.

What Causes Birth Injuries?

Many birth injuries are preventable. However, medical negligence isn’t uncommon. Some of the main causes of birth injuries include:

• Failure to monitor the baby or mother: Doctors and nurses must closely track fetal heart rates, maternal vital signs, and contractions. They must be constantly vigilant for any potential complications. Delayed responses can result in devastating outcomes.
• Delayed emergency C-section: If there are signs of fetal distress, breech positioning, placenta problems, or other complications, immediate intervention is imperative. A delayed C-section is often linked to oxygen deprivation and brain injuries.
• Improper use of forceps or vacuum extractors: Incorrect use of tools can cause skull fractures, nerve damage, and brain bleeds.
• Medication errors: The wrong medication or incorrect dosage can put both the mother and baby at serious risk.
• Negligent prenatal care: Failure to detect conditions, like preeclampsia or gestational diabetes, can lead to preventable injuries and illness.
• Inadequate staff training and poor communication: Hospitals must maintain clear communication protocols and adequate staffing to keep patients safe. Nationally, there has been a shortage of about 78,000 RNs, for example.

Riverside Birth Injury Laws

Birth injury claims in California fall under the state’s medical malpractice law. These include specific filing deadlines and rules.

Parents have one year from the date they discovered or should have discovered the injury to file their claim. This must generally happen before the child’s eighth birthday. However, deadlines vary by circumstances. Having a skilled Riverside birth injury attorney handle filing deadlines and procedures can ensure you don’t pass up your right to pursue compensation for injuries.

California also caps noneconomic damages in a legal claim. These include things like pain and suffering or emotional damage. It does not cap economic damages, such as medical costs. These claims are generally seen in the Superior Court of California, County of Riverside.

For a successful case, it’s imperative that there is proof that the expectation of care was not met. There must be clear evidence that the healthcare provider failed to act the way another qualified physician would have under similar circumstances.

Depending on the situation, liable parties could include:

• Obstetricians
• Delivery nurses
• Anesthesiologists
• Neonatologist
• Hospitals and medical centers
• Prenatal care providers

Compensation in Birth Injury Cases

Caring for a child with a severe birth injury can be a lifelong commitment. It’s also financially overwhelming. A birth injury legal claim can provide some financial security to help provide optimal care for your child.

Some damages you may be able to claim include:

• Medical expenses: Hospitalization, medication, surgeries, specialist visits, and ongoing treatment
• Long-term care costs: Therapies, assistive devices, mobility equipment, and in-home nursing support
• Future lost earnings: For those whose disability could impact their ability to earn a living
• Pain and suffering: The trauma suffered by the parent or child over the loss of quality of life
• Home modifications: Wheelchair ramps, widened doorways, special beds
• Education support: Special education programs and learning resources

FAQs

Do Hospitals Usually Settle Lawsuits?

Hospitals generally prefer to settle legal claims outside of court to avoid costly trials. Settlements allow both parties to have more control over the outcome without involving a judge and jury. Most hospital legal claims end in a settlement. However, the decision to settle can depend on the strength of the evidence, potential damages, and the risk of harm to the hospital’s reputation.

What Qualifies as a Birth Injury in Riverside, CA?

In Riverside, CA, birth injuries are those that cause physical or neurological suffering to a newborn or the mother during the labor process. The harm must have come due to medical error, negligence, or trauma. Common examples could include cerebral palsy, which is diagnosed in 8,000-10,000 infants per year, brachial plexus injuries, and fractures because of forceps usage.

How Long Do Birth Injury Lawsuits Take in Riverside, CA?

Birth injury claims in Riverside, CA, can take a while to resolve. However, it depends on the complexity of the case, the child’s medical condition, and court scheduling. It can take time to investigate these cases and gather extensive expert testimony and medical analysis. Cases tend to settle faster out of court, while going to trial takes much longer. A well-prepared and experienced Riverside birth injury attorney can help expedite the process and advocate for your child’s long-term needs.

What Is the Statute of Limitations on Birth Injuries in Riverside, CA?

In Riverside, CA, parents generally have three years from the date of the injury or one year from the discovery of the injury to file a medical malpractice claim. Since timing is so critical, it’s important to seek the help of a skilled birth injury attorney to ensure no deadlines are missed that could prevent you from recovering damages and providing ongoing care for your child.

Riverside Birth Injury Lawyer

After experiencing a birth trauma, you may be feeling overwhelmed and unsure of where to begin. Belgum, Fry & Van Allen are here to help you investigate the birth-related injuries, pursue justice, and secure the resources your child needs for a brighter future. Contact our Riverside birth injury lawyers today to schedule a consultation and let us help you move forward with some peace of mind.