Birth Trauma Lawyer

While most children are born without serious complications or any lasting trauma, a great many die during or soon after birth or suffer birth injuries with permanent consequences. When a fatal or non-fatal birth injury is caused by the negligence of an OB/GYN or other physician during the mother’s pregnancy or by medical error during the labor and delivery stages of the child’s birth, the responsible healthcare providers and the hospitals and clinics that employ them may be found legally responsible for the damages suffered by the child or the deceased child’s family as a result.

If your child sustained a fatal or non-fatal childbirth injury and you have reason to believe that the injury was caused by the negligence of medical professionals during your pregnancy or the labor and delivery stages of your child’s birth, you may be entitled to financial compensation through legal action. The Killino Firm’s birth-trauma and birth-injury lawyers have extensive experience with birth-injury and birth-trauma cases, including those arising out of injuries and deaths caused by the negligence of physicians and other healthcare providers and/or the hospitals and clinics that employ them. Contact The Killino Firm at 213-623-2544 for a cost-free evaluation of your case and additional information about your legal rights and options.

Legal Liability for Children’s Birth Injuries

birth trauma lawyer laHealthcare providers who have undertaken the care and treatment of a pregnant woman and her developing fetus have a duty under the law to exercise reasonable care for the health and safety of both the mother and the fetus during the mother’s pregnancy, her labor, and the delivery of her child. Medical errors and negligence during any of these stages of a fetus’s development or a child’s birth can cause a fetus’s or child’s death or serious injuries from which a child may never recover. In such cases, the healthcare professionals and hospitals or clinics whose negligence is found to have been a cause of a child’s birth injury or death may all be found directly liable in a medical-malpractice action for the damages suffered by the child or the child’s family as a result. In addition, the hospital or clinic that employed a healthcare professional whose negligence has been found causal of a child’s birth injury or death may be found indirectly, or vicariously, liable for the injury caused by the negligence of its employee.

Birth Injuries Caused by Negligent Medical Care during Pregnancy

Many serious birth injuries and fetal deaths are caused by medical negligence during a woman’s pregnancy. The failure of an OB/GYN or other physician responsible for the care of a pregnant woman and her developing fetus to monitor and/or manage the woman’s high blood pressure, for example, may lead to serious injury or even death to a fetus if the woman develops pre-eclampsia and the condition is not timely and appropriately managed. A physician’s negligent failure to watch for and/or diagnose complications such as nuchal cord (the wrapping of the umbilical cord around a fetus’s neck) or placental abruption (the separation of the placental lining from the mother’s uterus), for instance, may also result in a child’s fatal or non-fatal injury when such conditions are not managed in time to prevent the injury.

Birth Injuries Caused by Negligent Medical Care during Labor and Delivery

Fatal and non-fatal birth injuries may also occur as a result of medical negligence during the labor and delivery stages of childbirth. Injuries such as cerebral palsy (CP), hypoxic ischemic encephalopathy (HIE), paralysis, organ damage, autism, and paralysis are among the birth injuries that may be sustained during these stages of childbirth. A physician’s negligent failure to diagnose umbilical-cord compression or prolapse or to timely order a Caesarian section (C-section) when one of these complications is detected, for example, may result in a child’s serious brain injury or death. A fetus’s asphyxiation injury may also result from an obstetrician’s negligent failure to diagnose and/or manage nuchal cord or placental abruption during the mother’s labor or the child’s delivery. Serious brain injuries and deaths may also be caused by the negligent use of forceps or other delivery assistance devices during difficult deliveries.

Injuries such as Erb’s palsy, other brachial plexus palsies, and shoulder or clavicle fractures may also occur during a child’s delivery as a result of medical negligence. A physician or other medical professional assisting in a child’s birth may be found to have caused a child’s brachial plexus or Erb’s palsy injury by negligently pulling on the infant’s shoulders or neck to guide the infant through the birth canal. A brachial plexus palsy and/or fracture injury may also be found to have been caused by the ill-advised vaginal delivery of a macrosomic fetus (one over average weight) when the mother’s birth canal is too small to accommodate a fetus of that size. When a C-section is indicated for delivery of a macrosomic fetus and an obstetrician fails to timely order the indicated C-section, the physician’s negligence may be found to have been a cause of injuries sustained by the fetus during the vaginal delivery.

Any physicians, nurses, anesthesiologists, mid-wives, or other healthcare professionals whose negligence is found to have caused or contributed to a child’s birth injuries or death may be found liable for the damages suffered by the injured child or deceased child’s family in a personal-injury or wrongful-death medical-malpractice action. When the negligence of hospital or clinic employees is found to have caused a child’s birth injuries or death, the hospital or clinic that employed the negligent professionals may be found indirectly liable for the child’s injuries or death. If a hospital or clinic is found to have caused or contributed to a child’s birth injury or death through negligence of its own, the hospital or clinic may be held directly liable for the child’s resultant birth injury or death.

Contact Us

If your child has sustained a birth injury of any kind due to the negligence of an obstetrician, another healthcare-provider, or a hospital or clinic, The Killino Firm LA birth-injury and birth-trauma attorneys can help you obtain the justice you deserve from all those responsible for your child’s suffering. Contact The Killino Firm at 213-623-2544 for compassionate yet aggressive assistance with your birth-injury case.

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