Unfortunately, any number of things can go wrong during the birthing process.
Complications are not uncommon, but when handled correctly, both the baby
and the mother are generally unaffected. When something goes wrong and
the attending medical team fails to respond in a reasonably prudent manner,
however, people can get hurt. Few things are more devastating than discovering
that your newborn child has suffered a life-altering injury—especially
if it could have been prevented by your doctor.
Fortunately, you are not without options.
If you or your child has suffered a serious birth injury at the hands of
a negligent medical professional, Goldberg & Gille stands ready to
help. With more than 80 years of experience, we have assisted countless
individuals in securing the financial compensation that they deserve.
Give us the chance to do the same for you by contacting our office today.
We will evaluate your case for free and help you to determine whether
or not you have grounds to file a
Evaluating the Cause of Your Child's Birth Injury
If your child was injured at birth, the first step is to determine how
they were hurt. Birth injuries can occur under a wide range of circumstances—including
situations that are simply out of your doctor's control—so it
is important to discern whether or not negligence played a role in your
Some of the most common causes of birth injuries include:
- Lack of oxygen to the baby's brain
- Improper use of forceps or a vacuum
- Pulling on the baby's limbs too forcefully
- Failing to order a necessary C-section
- Failing to address signs of fetal distress
Any of these situations could lead to a permanent birth injury—including
conditions like cerebral palsy, Erb's palsy or shoulder dystocia.
If your child was injured under any of these circumstances, it is possible
that your doctor is at fault. Something as minor as delaying birth could
be regarded as medical negligence.
Establishing That Your Doctor Was Negligent
Regardless of how your child was injured, you must be able to prove that
the doctor or other medical professional failed to provide a generally
accepted standard of care before, during or after the delivery. This means
that your doctor must have acted in a way that another, reasonably prudent
doctor wouldn't have. This could include things like failing to monitor
the baby during labor, using too much force during delivery or failing
to order a C-section after noticing signs of fetal distress.
Regardless of the specifics, you will need to prove that:
- The defendant owed you and your child a legal duty of care
- The defendant breached this duty by acting negligently
- The defendant's negligence resulted in your child's birth injury
These are the three most important elements in any medical malpractice
claim. While the nature of the evidence will vary from case to case, there
are a number of ways in which your personal injury lawyer could establish
that your doctor was negligent, and that their negligence ultimately resulted
in your child's injury. Not only could they present testimony from
a trusted medical expert at your trial, but they may even use your medical
records to show that standard protocol was not followed.
Turn to Goldberg & Gille for Help with Your Case
Need help with your medical malpractice claim in Pasadena, CA? The experienced
legal team at Goldberg & Gibbs is ready to advocate on your behalf.
Don't delay in scheduling a
free case evaluation with an attorney at our firm; the statute of limitations in California
limits the amount of time that you have to pursue compensation from the
responsible party, so take the first step today!