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How Do I Link a Birth Injury to Medical Negligence?

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, Gille Kaye Law Group, PC stands ready to help. With more than 30 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 medical malpractice lawsuit.

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 child's injury.

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 Gille Kaye Law Group, PC for Help with Your Case

Need help with your medical malpractice claim in Pasadena, CA? The experienced legal team at Gille Kaye Law Group, PC 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!


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