Why Do You Need a California Birth Injury Attorney?
Birth injury lawsuits typically involve injuries such as cerebral palsy, Erb’s palsy, and other physical or neurological injuries resulting from medical errors during childbirth. Families need funds to afford long-term medical care for their precious children.
Birth injuries have a profound impact on families. Parents are emotionally devastated when their care during pregnancy to ensure the health of their child is destroyed at the moment of birth. Siblings may suffer as the family’s resources are now required to care for a new baby with special needs. Plans must be made to ensure the injured child is properly cared for during their entire life.
At Hodes Milman, our California birth injury attorneys have proven experience advocating for families harmed by medical malpractice. Our commitment to your case is unwavering, as we work tirelessly to hold medical professionals accountable for their actions.
If your family was harmed during labor, delivery, or negligent follow-up care in the hospital after birth, we can help. Contact Hodes Milman by calling our Orange County offices today at (949) 640-8222 — your initial consultation is free, compassionate, and 100% confidential. We are here to answer your important questions, and potentially begin representing your best interests right away.
Hear about the key elements of a birth injury lawsuit.
How Can a California Birth Injury Lawsuit Help Your Family?
A California birth injury lawsuit settlement can cover various aspects of damages and expenses related to birth injuries, including:
- Medical expenses: Settlements often cover past and future medical bills, including hospitalization, surgeries, medications, therapy, and assistive devices required to treat the child’s injuries.
- Rehabilitation, in-home care, and special education: These are costs associated with ongoing rehabilitation and therapy needed to improve the child’s condition or quality of life. This includes expenses for caregivers or specialized equipment necessary for the child’s daily homecare and well-being. As the child grows, this also means funds related to special education programs or services tailored to meet the child’s needs.
- Pain and suffering: Your family can seek compensation for the child’s physical pain and emotional suffering. The emotional distress of parents and siblings can also be considered here, as one child’s injury can cause long-term challenges for all involved in their life and upbringing.
- Loss of earnings: If the child’s injuries result in reduced future earning capacity, your settlement may cover these losses. Similarly, if you or your spouse lose out on employment or income due to caring for your child’s injuries, these losses also deserve compensation.
- Wrongful death: Should your child lose their precious new life due to birth injuries, your family is entitled to compensation. Though these funds will never be enough to replace the hope that was lost, they can help your family heal by providing future financial stability, or opportunities for your other children.
Settlements for California birth injury cases can also include reimbursement for attorney fees so these do not come from your share of the compensation. In some cases, the court may also award additional punitive damages to punish the doctor or hospital for particularly appalling misconduct.
It’s essential to consult with an experienced birth injury attorney in California to assess the specific circumstances of your case. Our attorneys at Hodes Milman will help determine the real cost of your losses, and pursue all that you deserve for the suffering you’ve endured.
Birth injuries can lead to long-term consequences, including paralysis, brain damage, and nerve damage that the child must manage for their entire life. It is particularly upsetting to know that most birth injuries are completely preventable, and often stem from medical negligence during pregnancy, labor, and delivery.
If you suspect a birth injury, it’s crucial to seek professional medical advice immediately.
You should also contact a birth injury attorney by calling Hodes Milman at (949) 640-8222. We can help document the evidence necessary for a successful lawsuit, as well as protect your family’s rights and privacy along the way.
Which Birth Injuries Can an Attorney Handle in California?
A California birth injury lawyer can handle a wide range of injuries and complications that may occur during childbirth due to medical negligence or malpractice. These injuries include:
- Brain injury, spinal cord and nerve injuries: An injury to the baby’s brain during childbirth can result from oxygen deprivation, improper use of delivery instruments, or other negligent actions. Damage to the baby’s spinal cord or facial nerves during delivery can result in paralysis, nerve weakness, and other mobility issues.
- Hypoxic-ischemic encephalopathy (HIE): A brain injury caused by oxygen deprivation before or during birth can lead to developmental delays, seizures, and cognitive impairments.
- Shoulder dystocia and fractures: When a baby’s head is delivered but the shoulders become stuck in the birth canal, the child can suffer potential nerve injuries and other complications. Similarly, bone fractures or other physical injuries can occur during a difficult delivery.
- Palsy injuries: Cerebral palsy is a group of neurological disorders affecting movement and muscle coordination, often caused by oxygen deprivation during birth. Erb’s palsy is a condition characterized by weakness or paralysis of the arm due to damage to the brachial plexus (shoulder) nerves during delivery.
- Infections: Infections acquired during childbirth due to inadequate sterilization or other medical errors can numerous short- and long-term health struggles.
Birth injury lawyers are experienced in investigating these injuries, determining if they resulted from medical malpractice, and pursuing legal action to seek compensation for the affected child and their family. They work to hold healthcare providers accountable for their actions and ensure that families receive the support they need to address the consequences of these injuries.
About Maternal Injuries
While birth injury lawyers primarily focus on injuries to the child, we also handle cases involving maternal injuries resulting from medical negligence during childbirth:
- If the child is delivered safely and the mother is unnecessarily harmed during the process, this is still considered a birth injury.
- If both the child and birthing parent are harmed, each has the right to seek justice for their injuries.
By pursuing all avenues of compensation, your family can maximize your take-home funds, ensuring better care and greater comfort going forward.
What Does a California Birth Injury Lawyer Do for Your Case? (3 Key Services)
A California birth injury lawyer plays many crucial roles in handling your case, including:
- Valuation: Your lawyer assesses the details of your case, including medical records, to determine the strength of your claim. We consider factors such as negligence, medical malpractice, and the severity of the birth injury. We then consult with financial and medical experts to help calculate the damages you are entitled to, including medical expenses, future care needs, pain and suffering, and other relevant factors.
- Investigation: Birth injury lawyers conduct a thorough investigation when they agree to represent you. In order to gather evidence to support your claim, we review medical records, consult experts, and interview witnesses. These are the bricks with which we build a compelling case, highlighting the healthcare provider’s negligence or wrongdoing that led to the birth injury.
- Negotiation: Lastly, your birth injury attorney uses all the evidence we’ve documented to engage in negotiations with the opposing party. Typically this means advocating for your rights against the healthcare provider’s insurance company. If a fair settlement cannot be reached in a timely manner, our lawyers are prepared to take your case to court to argue before a judge or jury.
The birth injury lawyers at Hodes Milman understand the emotional toll that these cases can take on families. We handle this work personally so you don’t have to worry or stress about the legal process. We will keep you updated with the status of your case, and ensure you are fully informed on the issues when there are choices to make about your child’s future.
Contact a California Birth Injuries Law Firm
A birth injury lawyer is your advocate. We work to protect your rights and secure the financial resources needed to provide the best possible care and quality of life for your child. You can rely on our proven experience to navigate the complexities of birth injury cases and achieve the best possible outcome for your family.
Why Hire Hodes Milman
Our lawyers have years of proven birth injury settlements that have delivered substantial results for families, including:
- $6 million for a twin whose growth was restricted after the other twin’s death during pregnancy.
- $5.7 million for a child harmed by sustained insufficient oxygen (over an hour without hospital staff noticing the baby’s distress).
- $4.2 million for injuries related to hypoxic-ischemic encephalopathy (defined lower on this page) due to the mishandling of protracted labor.
If your child was affected by a birth injury and you suspect it was a result of negligence or carelessness, the birth injury attorneys at Hodes Milman are here to help. From making phone calls on your behalf, to collecting medical records, to negotiations with insurance reps, we will handle all aspects of your case. In the meantime, you and your family deserve to focus on healing and moving forward with your lives.
California Birth Injury Lawsuit FAQs
What other birth injury cases have Hodes Milman won or settled?
The following are a few additional cases we have successfully handled on behalf of affected families:
- $4.1 million awarded to the family of an infant who suffered continuous seizures after hospital negligence.
- $2.5 million settled for the family of premature triplets after a lack of adherence to protocol caused them to contract infections, resulting in death and brain damage.
- $1.7 million secured for the family of a baby born with Down syndrome after negligent interpretation of prenatal genetic testing.
We are here to ensure that your baby receives the best care and attention available, for both the long- and short-term effects of the birth injury. We are glad to answer all of your questions and can help you decide what is right for you and your family.
Can I afford a birth injury lawyer?
At Hodes Milman, our attorneys work on a “contingency fee” basis, which means you pay no money upfront, and owe us nothing if we cannot deliver a settlement for you. We only earn our fee by achieving for you, and we do this for two reasons:
- We understand that most of our clients do not have the funds on hand to pay for an attorney before they receive a settlement or award.
- We would not feel comfortable accepting money from families in need before we’ve actually helped them.
We are confident in our ability to see your case through, and so we invest our funds in building the foundation of the argument. If that means expert witnesses, digital recreation artists, and hours worked now for later compensation, then that is exactly what we do for our clients.
Can I settle a birth injury lawsuit out of court?
It is possible to settle your claim without filing a formal lawsuit or going to court. In fact, many birth injury cases are settled out of court through negotiation between your attorney and the healthcare provider’s insurance company.
However, if a fair settlement cannot be reached, we are fully prepared to take your case through to trial and verdict. Jury- and judge-issued decisions often include payouts higher than what the opposing counsel would agree to in a settlement, which provides greater resources for your family to build a future.
How long do I have to file a birth injury lawsuit?
The statute of limitations or filing deadline for birth injury lawsuits varies by state. In California, there are multiple factors and exceptions that could apply to your case.
For a baby, you may have up to 8 years to file a lawsuit. For older children, injuries caused by medical malpractice during birth can be pursued up to 1 year from the date the injury was discovered or diagnosed. For parental/maternal birth injuries due to medical malpractice, the general limit is 3 years from the injury, or 1 year after discovery of the injury. In cases with multiple injuries or points of negligence, these timelines can overlap and cross one another.
Don’t feel overwhelmed — meeting deadlines is your lawyer’s job, not yours. We have an office full of legal minds to research the applicable laws and meet all filing requirements associated with your case.
ABOUT HODES MILMAN, LLP
Hodes Milman, LLP has won $200 million and has over 30 years of experience securing justice for victims of negligence. We are proud to call our clients family and offer them the resourceful, committed and accessible legal advocacy they deserve.
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