Child Birth Injury in San Jose, CA
How long has it been since you discovered a potential childbirth injury?
The answer to this question is remarkably important to parents in San Jose. Currently, California law says you only have one year from noticing injuries to sue for malpractice. Alternatively, an attorney can file litigation within two years of the injury.
Putting together a civil case takes time, to say nothing of how long it has been since the incident. Start making plans for how to proceed with us today.
What Causes a Childbirth Injury?
Was a medical professional you trusted negligent and did damage occur as a result? If so, affected parents have a chance of bringing a medical malpractice lawsuit for compensation in San Jose, CA.
During any labor and delivery process, timing and action are two crucial elements. Sometimes an infant suffers a birth injury. It can mean that a medical practitioner either made a poor judgment call or failed to act appropriately. If the San Jose 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 are not reached.
These events in San Jose cause significant trauma and suffering to the mother. Accordingly, it is worth noting the importance of Burgess v. Superior Court. This case is where the California Supreme Court upheld the right to sue for emotional distress.
Beyond this, there are quite a few scenarios that may cause a child to sustain an injury while being born in San Jose. One of the following examples may apply to your circumstances.
Improper Vacuum Usage
Sometimes a mother has difficulties delivering a baby through the birth canal. San Jose medical professionals may intervene and use a vacuum to assist. This 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.
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.
In this case, attending medical professionals may use forceps to help move a baby 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.
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.
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 San Jose, 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.
Cesarean Section Delay
An emergency C-section may be necessary due to the infant’s 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.
Bleeding in an infant’s skull is not unusual, especially when complications arise in a delivery room. Regardless, the presence of cephalohematoma has a documented history of being due to malpractice.
Stanford Medicine estimates cases of cephalohematoma should clear up in 2 weeks to 3 months. But, parents in San Jose may have to take their child to specialists for further treatment.
Brachial Plexus Injury
Stanford Medicine describes the brachial plexus as a braid of nerves that go from the neck to the arm. Overstretching or bruising during childbirth has a link to many unpleasant symptoms and conditions.
The immediate sign of injury is an inflexibility in the arm and hand. If the brachial plexus nerve becomes severed, an infant in San Jose will need surgery.
What Are Some Other Possible Causes of Childbirth Injury in San Jose?
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 San Jose, 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 San Jose area has an infant mortality rate of 3.31 per 1,000 live births. To put this into perspective, the U.S. averages 5.4 deaths per 1,000. Regardless of this achievement, the numbers for childbirth injuries are grim and well-known. The CDC has data that shows that 1 in every 33 children born suffer from a defect, many of which can be an obstetrician’s fault.
Work With an Experienced Local Child Birth Injury Lawyer in San Jose, California
If you suspect child birth injury medical malpractice in San Jose, you should take action. 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!