Legal Rights and Resources for Families Affected by Birth Injuries

If your family was affected by a birth injury, you have legal rights that include seeking compensation from a negligent doctor or healthcare facility. There are also resources like therapy and support groups your family can look into for help after suffering from medical negligence. 

You can also hire a personal injury lawyer to help with your birth injury case. They can offer in-depth guidance through the legal process and explain ways you can seek justice. 

Exercising Your Legal Right to Pursue Compensation After a Birth Injury

You can file a birth injury claim against the liable party that caused your child’s injury. Whether they are a doctor, nurse, or another medical professional, the at-fault party should be held responsible for their actions. 

When you work with a birth injury lawyer, they can assess your case to determine your legal options. If you decide to file a case against the medical care provider, you may recover compensation that includes: 

• Medical expenses, including the cost of ongoing care your child needs to treat their injury
• Loss of enjoyment of life, if you or your child are unable to enjoy activities
• Reduced earning capacity
• Lost income, if you or someone in your family needed to take time off work to care for your injured child 
• Physical pain and suffering 
• Mental anguish, if the birth injury incident led to anxiety or depression 
• Scarring and disfigurement 

Many families affected by birth injuries opt to file a medical malpractice lawsuit against the liable party. 

Legal Resources for Birth Injuries

Personal injury law firms are resources families can hire if they are impacted by a birth injury. Your lawyer can not only help you seek financial compensation, but they will also advocate for your well-being and provide emotional support. 

You can count on your lawyer to: 

• Handle all case communication on your behalf 
• Explain your birth injury legal rights
• Negotiate for a settlement that covers all your losses 
• Prove that a doctor’s medical mistakes caused your family to be impacted by a birth injury 
• Explain the laws that apply to your case, including the time limit to file a medical malpractice claim 
• Take your case to court, if necessary 
• Gather evidence of your recoverable damages 
• Submit any necessary paperwork for your neonatal injury claim

A birth injury attorney is a strong resource to consider if you plan to take legal action against a medical professional or medical facility. 

Other Resources to Consider After a Birth Injury Impacts Your Family 

Beyond your attorney, your family can look into resources in your area that include: 

• The Cerebral Palsy Family Network, a nonprofit that supports families affected by birth injuries like cerebral palsy 
• The Children’s Hospital of Los Angeles, which offers support and medical services for families who are impacted by birth injuries like brachial plexus and other nerve injuries 
• Help Me Grow LA, which recommends a range of resources for families who need help finding special education programs or programs for children with disabilities 

Your family may also consider resources like physical therapy, occupational therapy, treatment facilities, and support groups. 

You Have the Legal Right to File a Birth Injury Lawsuit, But Only for a Limited Time

If you or someone in your family is a victim of medical malpractice in childbirth, you can file a lawsuit against the person or people who caused their birth injury. However, you must do so by the timeframe outlined in the statute of limitations. 

According to CCP § 340.5, you generally have three years to file a medical malpractice lawsuit. If you do not submit your case on time, you may miss your opportunity to seek justice and financial compensation. Get started on your case as soon as you can so you don’t miss out on any of your legal rights. 

Types of Birth Injuries That Could Entitle You to Take Legal Action 

When you visit a doctor, they’re required to meet a certain standard of care. If they fail to uphold this standard of care and cause a birth injury, you can hold them liable for their negligence. 

Some common birth injuries you can file a case for include: 

• Cephalohematoma
• Erb’s palsy 
• Nerve damage or facial nerve injuries 
• Head or brain injuries during the birthing process
• Injuries caused in the birth canal, such as bone fractures 
• Brachial plexus injuries 
• Injuries caused by oxygen deprivation 
• Spinal cord injuries 
• Injuries caused by medical equipment during the delivery process 
• Skull fractures 

If your family was affected by any of these kinds of injuries, you deserve a fair settlement. 

Using Your Legal Rights Against Negligent Healthcare Professionals 

The personal injury attorneys at KJT Law Group understand your family is going through a difficult time. Let us manage your birth injury case while you visit a new healthcare provider and weigh your treatment options. To get started with our team, call us today for your free consultation. Dial (818) 507-8525 now.