Child Birth Injury in California
Did you know that California law has a three-year statute of limitations for childbirth injuries?
The delivery of your baby is stressful enough as it is. But, when injuries occur, they do not always show symptoms immediately. In many circumstances, parents will need to act quickly.
A fundamental understanding of a childbirth injury lawsuit is necessary to get started. If you believe you may need legal help, read this article today and connect with one of the highly-qualified attorneys in our network.
What Causes a Childbirth Injury?
While enduring delivery, was a medical professional negligent towards you and did damage occur as a result? If so, affected parents have a chance of bringing a medical malpractice lawsuit for compensation in California.
During the labor and delivery process, timing and action are two crucial elements. Sometimes an infant suffers a birth injury. This can mean that a medical practitioner either made a poor judgment call or failed to act appropriately. However, if the California medical provider’s actions go against the standard of care, then it may fit the legal definition of negligence.
To prove birth injury, negligence must have a direct connection to the damage. One of the most unfortunate elements of childbirth injury is not discovering the effects right away. Some injuries are discernible immediately after they happen. However, things that affect the brain may not be evident until developmental milestones come, and are not reached.
The unfortunate result of this experience is a profound sense of loneliness. However, a California Public Radio interview sheds light on this crucial topic. One mom from the state has started a podcast to help women work through the trauma and educate others.
There are quite a few scenarios that may cause a child to sustain an injury while being born in California. One of the following examples may apply to your circumstances.
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Improper Vacuum Usage
Sometimes a mother has difficulties delivering a baby through the birth canal. California medical professionals may intervene and use a vacuum to assist. The machine is a standard instrument that can help suction the baby down and out of the birth canal. The vacuum attaches to the baby’s head or shoulders. Nurses and doctors are responsible for placing it appropriately. However, sometimes the vacuum is not attached where it should be. This error can cause severe injury to the mother and the infant during childbirth.
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Improper Use of Forceps
There are other options when a mother is having difficulty delivering her child. For example, the baby can be improperly positioned in the womb. Attending medical professionals may use forceps to help move it through the birthing canal. Appropriate use of forceps reduces oxygen deprivation. This tool also reduces the chances of fetal distress that can result in birth injuries.
Still, the medical professionals that are birthing a child must use extreme care. The improper use of forceps can cause severe injuries to the head. Additionally, this device can also cause nerve damage in the neck or the chest.
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Hypoxia
Hypoxia is a medical condition that occurs when the brain of a baby is not receiving enough oxygen. The most common cause before and during delivery is the umbilical cord becoming tangled around the baby’s neck.
This condition often occurs due to a damaged or infected placenta. Thankfully, most California medical professionals can identify hypoxia well in advance. As a result, they can intercede to eliminate the chances of the infant or the mother facing harm.
However, if the professional medical staff does not take action quickly enough, asphyxiation may occur. This can result in causing a child to develop severe physical or mental disabilities. Accordingly, medical staff may be liable for any damages that happened.
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Cesarean Section Delay
An emergency C-section may be necessary due to an infant fetal distress. This medical event occurs when the heartbeat of the infant drops because of the mother’s blood pressure. In addition, this condition can happen when there is a placental abruption or other breathing difficulties.
In truth, there are several reasons why a doctor may perform a C-section. For example, the baby could be in the wrong position or fail to descend into the birth canal. Another qualifying situation is when the mother has labored without dilation.
In these and other circumstances, the doctor may determine whether this procedure needs to happen. It may be the only way to safely birth the baby without further damage. But, the medical staff may wait too long to perform a cesarean. If so, the consequences for mother and child could be quite grave.
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Lower Extremity Nerve Injury
Lower extremity nerve injury in childbirth happens when nerves become stretched or compressed. The severity of the problem depends on the intensity and duration. In general, the symptoms may include:
- Pain
- Numbness
- Loss of muscle function
A publication from Wolters Kluwer Health has data that suggests how often this injury occurs. According to their study, damage to lower extremity nerves happens in 0.3% to 2.3% of births annually. There are preventive strategies meant to reduce lower extremity nerve damage. But, if you believe they did not get employed, you may want to speak to a California childbirth attorney.
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Fractures
Delivering a baby can include the risk of injuries like clavicle fractures. These incidents may happen when the shoulder becomes trapped in a narrow birth canal. Some tools and techniques can prevent this traumatic event in California hospitals. Regardless, Nationwide Children’s states that 1 in 11 births can end with damage to the brachial plexus.
- Stillbirth
The CDC defines stillbirth as losing a baby during or after the 20th week of pregnancy. Losing the child before this period is typically defined as a miscarriage. Contributing factors identified by researchers and medical professionals include:
- Previous loss of a child during pregnancy
- Being over 35 years old
- Smoking while pregnant
- Multiple pregnancies, triplets or quadruplets in particular
What Are Some Other Possible Causes of Childbirth Injury in California?
Other types of medical neglect that could result in injuries to the child or the birth mother include:
- Failing to perform sufficient prenatal testing
- Not using labor-inducing drugs timely
- Failing to diagnose or treat infections, umbilical cord entrapment, placental abruption, premature rupture of the membranes or placenta previa
- Not addressing changes in the baby’s condition
Why Should You Take Action for Your Child Birth Injury?
It is essential that any parent whose child has been diagnosed with a birth injury in California, take action to seek financial compensation. The most practical reason to pursue a childbirth injury lawsuit is to protect your financial future. A child and their mother may have to deal with a lifetime of setbacks and disabilities. The costs for treatment, medical equipment, and medications can overwhelm your budget quickly. As well, the trajectory of your life or your child’s can depend on pursuing civil action.
The State of California has made significant strides in reducing its infant mortality rate in recent years. As of 2022, there were 4.9 deaths per 1,000 live births. While this is an admirable statistic, it is worth remembering there were 418,533 babies born in the state in 2021. The current rate suggests there were over 2,000 incidents where the actions of medical staff may come into question.
Work With an Experienced Local Child Birth Injury Lawyer in California
If you expect birth injury medical malpractice in California, you should take action. Cases can vary sharply depending on the state in which the injury occurs. Find a local child birth injury lawyer to navigate the often difficult waters of birth injury lawsuits. We can even help you connect with an attorney across California state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
