Los Angeles Birth Injury Attorney
Birth injuries can cause severe problems for a person’s entire life. In the United States, birth defects affect one in 33 babies each year, according to the CDC. While some birth injuries can’t be avoided, some occur because of a doctor’s or other healthcare professional’s negligence. If this is the case, you might have a birth injury malpractice claim, and you deserve to be compensated. A birth injury case can be very complex, so having an experienced injury lawyer is essential. Don’t hesitate to reach out to the Los Angeles birth injury attorneys at The Law Offices of Dr. Bruce G. Fagel & Associates if you need help with a Los Angeles medical malpractice claim.
Dr. Fagel knows how important financial recover can be for improving your child’s life when they’ve tragically suffered a birth injury. Additionally, Dr. Fagel wants to do everything in his power to fight against organizational failing so others aren’t subject to the same unfortunate outcomes. Call 800-541-9376 today for a free consultation.
- What is a Birth Injury?
- Do You Need to Hire a Lawyer?
- Damages Available in Los Angeles Birth Injury Cases
- Common California Birth Injuries
- Who is Liable in Birth Injury Cases?
Why You Should Hire Dr. Bruce Fagel
Los Angeles birth injury attorney Dr. Bruce Fagel will do all of the things listed above and more. He will do it professionally and compassionately. He is one of the most accomplished medical malpractice attorneys in California. Not only does he offer free consultations, but you won’t pay anything at all unless he is successful in winning or settling your case. Dr. Fagel is a great choice if you need a birth injury attorney.
In addition to his impressive background in both medicine and the law, he has five associate attorneys who work with him. They assist in evaluation, investigation, and discovery while being supervised under his direct assistance and direction. The birth injury attorneys at The Law Offices of Dr. Bruce G. Fagel & Associates have decades of experience handling claims related to medical malpractice, birth injuries, brain injuries, and cerebral palsy.
What Is A Birth Injury?
A birth injury related to medical malpractice occurs when a doctor, hospital, or other healthcare professional acts negligently, which leads to one of the following:
- Injury To The Child or Mother: Some examples of birth injuries that lead to medical malpractice claims include negligently failing to control excessive blood loss after the delivery, and negligently failing to monitor the baby’s oxygen intake before and/or after delivery.
- Wrongful Birth: A wrongful birth claim arises when a mother would have terminated the pregnancy had the healthcare professional provided her with necessary information about birth defects.
If your injury was directly related to the wrongdoing of a hospital, you may need to consult with one of our Los Angeles hospital malpractice attorneys to learn about your rights and ability to file a claim.
Why You Need A Lawyer For A Birth Injury Claim
There are likely things that need to be done for these types of cases that you aren’t even aware of. The following are actions that a qualified Los Angeles birth injury lawyer should take when handling your case:
One of the first things a birth injury lawyer will do is investigate your claim. This will likely include speaking with you and any witnesses. Additionally, your lawyer will obtain your medical records and go over them with you.
Once the investigation is complete, your attorney should be able to give you an idea of whether they believe your case could be successful. If they believe it will be successful, they will file the lawsuit and inform you of the next steps.
Once the case is filed, your attorney will need to obtain more information through a process called discovery. At this point, they will likely request internal documentation from the hospital and the medical professionals who are involved in the case.
The majority of lawsuits reach a settlement before going to trial. Therefore, your lawyer will also be responsible for conducting negotiations to try and make this happen quickly and to your advantage. A trial can be a long, arduous process, and it’s often in both parties’ best interests to settle the lawsuit outside of court with negotiations. It can save a lot of time and money for everyone involved.
5. Expert Witnesses
If the negotiations are unsuccessful, your attorney will definitely have expert witnesses that they will further discuss the case with. They will find medical professionals who have experience testifying in court, and these witnesses will testify on your behalf at trial.
6. Trial & Post-Trial
If the case ends up going to trial, your attorney will do everything they can to make sure you receive a favorable outcome. If the result is not favorable, your birth injury lawyer will have options to appeal the case to a higher court if they believe the result is likely to be successful.
What You Have To Prove For A Birth Injury Claim
Medical malpractice claims are generally proven by showing that the doctor or healthcare provider was negligent. To establish negligence, your attorney will need to prove that the medical professional’s performance of duties departed from a standard of practice from those with similar training and experience, and that this departure resulted in harm to the patient. The departure from the standard of care is proven through expert testimony.
Damages in California Birth Injury Cases
California has a cap on how much a person can collect for certain types of damages, under California’s Medical Injury Compensation Reform Act of 1975 (MICRA). If you’re trying to recover compensation based on pain and suffering, emotional distress, disfigurement, or other non-economic damages, the cap is $250,000. This limit has been in place since 1975 and has never been increased due to cost of living increases.
Additionally, damages can be rewarded based on economic losses, such as lost earnings and compensation for costs of current and future medical and rehabilitative care. Birth injuries can cause a lifetime of difficulty, so it’s crucial to have an experienced lawyer who knows exactly what to look for and the proper amount of damages to seek. There is no cap on economic damages. Dr. Fagel knows how important it is to recover a financial award in this situation due to the lifelong complications your child may face. He will do everything in his power to get you the compensation you deserve.
What Are the Most Common Birth Injuries?
The following are some of the more common birth injuries that we help clients with in the Los Angeles area:
- Brachial palsy. This occurs when the group of nerves supplying the arms and hands sustains an injury (brachial plexus). This injury is most likely to occur if there is trouble delivering the baby’s shoulder. As a result of this injury, the baby often loses the ability to rotate its arm or flex. In some cases, a child will regain movement within a few months. However, if this nerve area is torn, it can lead to permanent nerve damage.
- Bruising or forceps contusions. In some cases, a baby will show signs of bruising on their face or head as a result of the trauma of passing through the birth canal. However, there are times when various tools such as forceps can leave temporary marks on a baby’s face or head. Additionally, vacuum extraction devices can lead to bruising and lacerations and in the worst cases cerebral palsy.
- Meconium aspiration. This occurs when a newborn swallows a mixture of their own feces and amniotic fluid into their lungs around the time that delivery occurs. This can lead to severe illness or death for a child if not treated promptly and occurs in approximately 5 to 10% of all births.
- Cephalohematoma. This refers to bleeding between the skull and the fibrous covering of the skull. This type of injury often appears within a few hours after birth as a raised lump over the child’s head. Typically, the body will reabsorb this blood, though areas of more extensive bleeding may cause jaundice.
- Facial paralysis. Injuries can occur to a baby’s facial nerve during the delivery process, particularly if extensive force was used with forceps or a vacuum extraction device. If there’s no movement on the side of the face and a child cannot close their eyes, it is likely that the nerve was injured. If the nerve is torn, surgery may be needed to repair the damage.
- Bone fractures. Fractures to the collarbone or clavicle are most common during the labor and delivery process. This can break if there is a particularly labored delivery or as a result of the misuse of delivery devices.
Who is Held Liable for Birth Injuries in Los Angeles?
There may be various parties who can be held liable for a birth injury that occurs at a medical facility in Los Angeles. This includes:
- Medical providers. With a typical birth at a hospital in Los Angeles, there will be a significant number of medical providers involved in the process. This includes, but is not limited to, doctors, nurses, surgeons, anesthesiologists, nurse aides, pharmacists, radiologists, and more. If a mistake is made by any member of the delivery team, then liability could fall to the provider.
- Medical facilities. In addition to the medical providers involved, the medical facility in question may also hold liability. This can include hospitals. If the mistake is made by an employee of a medical facility, then the facility may ultimately hold liability for the actions of the employee.
When you work with a Los Angeles birth injury attorney, they will be responsible for helping determine all liable parties and filing the lawsuit against these parties.
Hire an Attorney at The Law Offices of Dr. Bruce G. Fagel & Associates
If you’re looking for one of the best medical malpractice attorneys in California, look no further. Dr. Fagel is not only an impressively accomplished medical malpractice attorney, but he is also a certified physician in the state of California. Additionally, he has more than 15 support staff members who are available to answer any and all questions that may come up before, during, and after your case.
If you choose Dr. Fagel as your attorney, you can rest assured that he will do everything in his power to get you the compensation you deserve. It’s the job of every medical malpractice attorney to explain complex legal and medical issues to the judge and the jury. Who better to do that than someone who is a doctor and a lawyer? Call 800-541-9376 for a free consultation with a Los Angeles birth injury attorney today.