Stockton Birth Injury Attorney
For many people, the instinct to care for their chi0ld starts even before the birth. Looking forward to your child’s birth is a joyous and exciting occasion. When your newborn then suffers a birth injury due to medical malpractice, it can be absolutely devastating. Dr. Bruce Fagel understands this devastation and combats it with fervent representation to get you and your family the help and compensation you deserve. If your child has been the victim of a birth injury due to medical negligence, it’s vital to contact a lawyer right away so you can determine if you have a viable lawsuit. Call a Stockton birth injury lawyer at 800-541-9376 for a free consultation.
Most Common Type of Birth Injury Cases
One of the most common types of birth injuries occurs when the baby doesn’t receive enough oxygen. This can lead to Hypoxic Ischemic Encephalopathy (HIE). It is believed that approximately 3 out of every 1,000 births are affected by HIE. This can result in significant brain damage and even death. It is one of the leading causes of medical malpractice claims.
A lack of oxygen can be caused by several things, including but not limited to:
- Trauma to the mother, which threatens the blood supply to the baby.
- Problems with the placenta. This can include the placenta separating from the uterus too early, which leads to the baby being deprived of oxygen.
- High blood pressure or seizures suffered by the mother, which leads to oxygen deprivation.
Sometimes, oxygen deprivation occurs during childbirth, and there’s nothing that the doctors could have done to avoid it. However, other times, it may have been preventable, and medical negligence directly caused the oxygen deprivation.
If A Doctor Apologizes For A Birth Injury, Is That An Admission Of Guilt?
In California, no. If a doctor apologizes for something that went wrong during a birth injury, this apology will not be admissible in court if you end up filing a birth injury claim. For decades, doctors were explicitly trained not to apologize because it was seen as an admission of guilt. For a lot of people, this angered them even more than the injury that occurred. If the doctor had just apologized and taken responsibility, it’s possible that some people wouldn’t file lawsuits. Sometimes just acknowledgment and taking accountability is enough.
To combat this, apology laws were put in place, making an apology to a patient inadmissible in court. Don’t be fooled, though. If a doctor apologizes to you, they likely know that it’s inadmissible in court. They also probably know that statistically, apologies reduce the number of medical malpractice claims that are filed.
While it’s great for a doctor to apologize and attempt to take responsibility, that doesn’t cover the cost of treatment or hospital bills. It certainly doesn’t make up for losing the ability participate in activities, nor does it account for the potential lost income for someone who suffers a devastating birth injury.
Attorney Bruce Fagel Has The Experience You Need
If your child is the victim of a birth injury due to medical malpractice, Dr. Bruce Fagel can help. He has experience handling all types of birth injury cases, and his knowledge as a certified physician gives him a unique perspective on medical malpractice cases. He knows what to look for and has the ability to explain complex medical terms to the judge and jury in a manner that they will understand. This is crucial for your case because if they don’t comprehend what’s going on, it will be difficult for them to determine that the doctor or other medical professional should be held liable.