Every year thousands of newborns suffer debilitating birth injuries caused by the negligent or wrongful acts of practicing physicians, nursing staff and hospitals. Victims of birth injury and their parents are entitled to compensation for the harms suffered. Our law firm is dedicated to pursuing justice for parents and their children who have suffered severe injuries due to the negligent or wrongful acts of medical doctors and practicing physicians during the birthing process. Located in Los Angeles, we accept cases from the entire State of California. If you are looking for a birth injury lawyer in Los Angeles or anywhere else in California, please contact our law offices for a free consultation. We will speak with you free of charge and advise you regarding your case.
Filing a Medical Malpractice Lawsuit Against Your OBGYN
Obstetrician: Medical malpractice takes place when a deviation from the common standards and procedures established by the medical community is a cause of the injuries suffered by a patients. Negligence based personal injury cases including claims by patients of medical doctors are based on proven several elements.
1. The Defendant owed a duty to the injured party – Medical doctors owe a general duty of care to their patients to provide for care established by the guidelines of their medical specialty.
2. The Defendant breached his or her duty of care – Failure to follow guidelines.
3. The breach of the duty of care was a cause of the individual injuries.
4. The patient suffered actual harm.
Common Types of Birth Injuries: Some of the most common types of birth injures due to the medical malpractice of the practicing OBGYN are as follows:
Birth Defects Caused by the Use of Defective Medication During Pregnancy
In many instances the use of certain over the counter and prescription medications can result in the development of severe congenital birth defects. Some medications which have been shown to result in the development of defects on newborns include, Terbutaline, Effexor, SSRI based anti depressant medications including Paxil and Zoloft, and Depakote. In such cases, parents of children with congenital defects have the right to pursue a product liability claim against pharmaceutical companies who distributed the drug without proper warning labels.
Potential Values of a Birth Injury Claim
The state of California has placed certain compensatory restrictions on individuals who have suffered harm due to the negligent or wrongful acts of practicing medical professionals including physicians, hospitals, nurses and obstetricians. Below is a guideline of the types of damages victims of medical malpractice can receive.
• Medical and healthcare costs
• Cost of future rehabilitation care
• Cost of future nursing, home care and special needs care
• Non-economic damages: Including pain and suffering, emotional trauma, PTSD and Punitive Damages. In the state of California noneconomic damages are capped at $250,000.
Cost of Legal Representation in for Birth Injury – Medical Malpractice Claims: All medical malpractice and personal injury claims our law firm accepts are based are based on a contingency fee basis. This means that our clients do not have to pay for any of their legal expenses out of pocket. Our legal fees will be taken out of any future financial settlement of the matter. We have also instituted a NO WIN ZERO FEE policy meaning that if we are not successful in getting your child the compensation deserved we will not get paid.
Birth Injury Attorney: If you have any further legal questions, or if you would like to speak with a birth injury lawyer in Los Angeles, please contact our law office toll free (800)790-5422. No matter where in California you are located, whether you are in Los Angeles, San Diego, San Francisco, or elsewhere, you can take advantage of our guaranteed legal services. We do not charge any upfront fees. If we accept your case, we will fight your case 100% until we get you money. If we do not get you money, then you do not have to pay for our services. All confidential legal consultations regarding delivery malpractice claims are free of charge.