A child’s birth is one of the happiest and most anticipated days, not only by the immediate family but also by friends and their small community. That this happy occasion can take a nightmarish turn because of medical malpractice or negligence is something that no parent and family should ever have to experience. We are talking about birth injury.
What Is Birth Injury?
Infants are delicate and require gentle, expert care from the moment they leave their mothers’ wombs. The birthing process itself is delicate, however, and a problematic delivery could injure an infant. It can happen when the baby is too big to pass easily through the birth canal. If natural delivery is forced, the child could get injured due to physical pressure. Such injuries are often permanent and could result in the child’s death.
It’s crucial for doctors and attending nurses to be cautious during a delivery. Unfortunately, birth injuries can happen because of negligence or malpractice (i.e., improper use of forceps to assist the infant’s passage through the birth canal, failing to recommend or initiate a Cesarean procedure when there’s clear evidence that it is necessary for both the mother and child).
If your child sustained a life-altering injury at birth due to human error, you could file a compensation claim against the doctors and medical staff responsible for this terrible incident.
Steps In Filing a Birth Injury Lawsuit
When you file a birth injury claim, you must prove that the injury your child sustained is the result of medical malpractice or negligence and not a congenital disability. For this reason, we highly recommend that you talk to our personal injury attorneys the moment you decide to file a birth injury claim. We can guide you on how to go about the following steps:
- Gather important information – Like most personal injury lawsuits, a birth injury claim begins with information gathering. Obtain yours and your child’s medical records, as well as your hospital bills. You will need the former to prove the staff’s negligence and the latter to justify the amount you’re asking as compensation.
- Build your case – Seek advice from an experienced attorney. If you choose our birth injury lawyers at Haffner Law, for example, we will review your case and determine if there’s enough evidence to sway a claim ruling in your favor. You can count on our assistance in building a strong case, whether you’re after compensation or legal sanctions against the medical personnel who caused your child’s injury.
- File your claim – The advantage of having an attorney by your side from Step 1 is you’re sure that you’re on the right track. California’s statute of limitations states that medical malpractice claims against minors six years and younger (including birth injuries) is three years from the delivery date or before your child’s eighth birthday, whichever is greater. Haffner Law will help you file on time and following the state’s requirements.
- Motion for settlement or trial – We may work towards a settlement outside of court if that’s your wish; however, if both parties cannot reach an agreement, a trial date will be set.
Haffner Law will be with you in every step of this process. Moreover, we will aim for the best possible outcome and secure the settlement you deserve.
Anyone seeking a personal injury or a birth injury lawyer in Southern California, contact Haffner Law for a free consultation.
(This is an attorney advertisement by Joshua Haffner)
