Yucaipa Birth Injury Lawyer

Birth Injury Attorney in Yucaipa, CA

The birth of a child is something to be celebrated. But when medical mistakes impact the mother or baby during prenatal care, labor, or delivery, the celebration can turn to heartbreak. That’s why Belgum, Fry & Van Allen passionately advocate for families experiencing birth trauma. Our Yucaipa birth injury lawyers stand by these families and fight for the compensation they need for lifelong care and recovery.

Hire a Birth Injury Lawyer

After a traumatic birth event, you need a legal advocate you can trust to help bring your family justice. With decades of experience in handling medical negligence cases, we’re ready to walk you through the complexities of these cases and help you secure the most favorable outcome possible.

Hospitals and doctors have strong legal teams and insurance companies behind them, which requires experience and skill to fight back. We at Belgum, Fry & Van Allen work with top medical experts to evaluate your child’s injuries and determine their needs. Your birth injury claim should reflect the lifelong financial needs and emotional impact of the medical negligence.

What Is a Birth Injury?

A birth injury is any kind of physical harm that a baby suffers during pregnancy, labor, delivery, or right after birth. Some birth injuries are completely avoidable with the right care. Others occur even with proper care.

Common causes of preventable birth injuries include:

• Failure to monitor fetal distress
• Delayed C-section or improper delivery techniques
• Mismanagement of shoulder dystocia
• Medication errors
• Improper use of forceps or vacuum extractors
• Negligent prenatal care
• Failure to diagnose preeclampsia, gestational diabetes, or complications with the umbilical cord

Common Types of Birth Injuries

Birth injuries vary widely based on their severity. Some of the common cases we handle include:

• Cerebral palsy: Often caused by deprivation during delivery, cerebral palsy affects muscle coordination and movement. It can require lifelong therapy and care needs.
• Brachial plexus injury: Improper handling or excessive force during delivery can damage nerves that control the movement of the arms and shoulders.
• Hypoxic-ischemic encephalopathy: Deprivation of oxygen can severely impact the baby’s brain, causing developmental delays or death.
• Fractures and physical trauma: Bone fractures or facial injuries can result from negligent use of forceps or other birth instruments.
• Spinal cord injuries: Rough handling or traction during delivery can lead to nerve or spinal cord damage.
• Perinatal asphyxia: If oxygen levels drop before or during birth and the medical team doesn’t react quickly enough, the baby can have lasting brain damage.
• Maternal injuries: Negligent obstetric care can cause serious injuries to the mother. This may include hemorrhaging, infection, or complications from anesthesia errors.

Every case is different. That’s why our firm works with medical experts to review you and your baby’s records, analyze errors, and determine if medical malpractice occurred.

How to Prove Medical Negligence in a Birth Injury Case

A successful birth injury claim requires proof that the medical provider’s negligence directly caused the child’s injuries. This involves four basic elements:

• Duty of care: The healthcare provider had a legal obligation to provide competent care to the patient.
• Breach of duty: The provider acted below the accepted medical expectation of care.
• Causation: The provider’s negligence caused harm to the child or mother.
• Damages: The injury resulted in measurable losses, such as medical bills, pain and suffering, long-term disability, or death.

The Yucaipa birth injury lawyers of Belgum, Fry & Van Allen conduct thorough investigations, consult with expert witnesses who can testify about the appropriate expectation of care and how it was violated.

What Compensation Can You Recover in a Birth Injury Case?

A birth injury can put a heavy financial burden on your family. The compensation you receive should reflect both your immediate expenses and your child’s future needs.

Potential damages can include:

• Current and future medical expenses
• Costs for ongoing rehabilitation and therapies
• Special education and care costs
• Assistive equipment and modifications necessary for the home
• Emotional distress, pain, and suffering
• Loss of future earning capacity
• Loss of quality of life

If the medical professionals were particularly negligent or acted egregiously, punitive damages may be awarded to further hold medical professionals accountable for their actions. This can also work as a deterrent for the medical providers to increase their quality of care.

FAQs

How Much Is the Average Birth Injury Settlement in Yucaipa, CA?

Birth injury settlements in Yucaipa, CA, can vary widely. It depends on the severity and long-term impact on the child. Cases involving lifelong disabilities, such as brain injuries and cerebral palsy, tend to result in higher settlements. The National Practitioner Data Bank includes birth injuries with medical malpractice cases, which totaled 1,067 cases. Of these, 93 were over $1 million settlements.

How to Sue for Birth Trauma?

To file a legal claim for birth trauma, parents must prove that the doctor, nurse, or hospital failed to meet accepted medical standards. The proof must show how the negligence directly affected the mother or baby. Begin by consulting with an attorney. They can review the medical records, consult medical experts, and file the malpractice claim for compensation. These cases are generally reviewed by the San Bernardino County Superior Court for Yucaipa residents.

What Are the Odds of Winning a Medical Malpractice Suit in Yucaipa, CA?

In Yucaipa, CA, the odds of winning a medical malpractice case are only about 30%, according to ABA Journal. A successful case depends on the strength of the evidence and directly connecting the negligence with the injuries. These cases can be difficult to win because medical doctors and facilities have powerful insurance companies and legal representation backing them.

What Is the Hardest Birth Trauma Injury to Prove?

Some of the hardest birth injuries to prove are those involving the brain. These cases require demonstrating that the injury resulted directly from medical negligence instead of unavoidable complications. To establish this, you’d need detailed fetal monitoring records, evidence that shows delayed or improper responses to distress, and expert medical testimony. Brachial palsy is the most common birth injury reported.

Yucaipa Birth Injury Lawyer

The compassionate Yucaipa birth injury lawyers of Belgum, Fry & Van Allen are ready to help. Contact our team today to schedule a consultation and let us walk you through your legal rights and options.