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Birth Injuries
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Did Medical Malpractice Cause Your Baby’s Birth Injury?

Perhaps you knew something was wrong during labor and delivery. Perhaps it was weeks or months later when you recognized problems with your baby’s movement or development. If your newborn suffers from a physical or mental disability because of medical errors, you may have grounds for a lawsuit.

The Chivinski Law Firm, APC, has held doctors and hospitals accountable through medical malpractice lawsuits for birth injuries. Based in San Diego, we handle cases in Southern California, statewide and nationwide, including negligence in childbirth at military hospitals.

How Negligence Leads To Birth Injuries

Childbirth is risky, and not every unfortunate outcome is malpractice. But some birth injuries are tied directly to errors in prenatal care, labor, delivery and neonatal care:

  • Cerebral palsy – This is a form of brain damage caused when the baby’s oxygen supply is cut off during the birthing process. It can be caused by improper delivery technique, failure to anticipate a difficult birth or failure to perform a cesarean delivery (C-section) in time if the baby is in distress. Cerebral palsy affects cognitive development as well as motor skills, resulting in lifelong challenges for the child and hardships for the parents.
  • Erb’s palsy – When the baby gets stuck in the birth canal, a condition known as shoulder dystocia, the obstetrician (OB-GYN) should have strategies for freeing the baby to complete the delivery. Improper force, such as using suction or forceps to forcibly pull the baby out, can damage the cluster of nerves in the infant’s shoulder. This can result in paralysis or weakness in the arm and hand. Sometimes the baby can recover some or all function with surgery and therapy, but often the disability is permanent.
  • Birth defects – Premature babies are at high risk for medical complications, including underdeveloped lungs and blindness. Preemies and other babies may have correctable birth defects, such as heart defects, that can be treated and repaired. Failure to prevent premature birth or failure to diagnose defects can constitute malpractice.
  • Injuries to the mother – Failure to diagnose and treat acute conditions in the mother can endanger her life and the baby’s. This includes gestational diabetes, preeclampsia (dangerously high blood pressure), placental ruptures, bowel obstructions from C-section and hemorrhage (massive bleeding).
  • Neonatal care – Newborns are susceptible to jaundice, chronic lung diseases and other life-threatening but treatable conditions. If these issues are not detected and promptly addressed, the baby can suffer kidney failure, lung failure or even death.

Making The Case For Malpractice

Medical malpractice is hard to prove. Our founding attorney, Andrew Chivinski, spent 10 years in insurance defense, including medical negligence litigation. From those insights on the other side, he knows how to build a solid case for malpractice.

We examine the medical records, from prenatal exams to the actions of doctors and nurses throughout labor and delivery. In a malpractice lawsuit, we have to show that your son or daughter’s birth injury was preventable and that the delivering physician deviated from standard procedure or otherwise botched the childbirth.

We Are Here To Help You Through This Very Difficult Time

Cerebral palsy or physical disabilities create a lifetime of special care needs, plus the loss of enjoyment of life. We work to hold medical providers accountable for the devastating financial, medical and emotional impact of their errors. Call us today at 619-413-0775 or email our firm, and we will get back to you. Your initial consultation is free, and you owe no attorney fees unless we obtain compensation.