California Birth Injury Lawsuit
In What Situations Should I File a Birth Injury Lawsuit?
The best way to know if your situation warrants a lawsuit is to talk to an experienced lawyer. You should be able to find a firm that specializes in medical malpractice cases and has experience with birth injuries. They will offer you a free meeting to discuss your case and provide advice. In general, you may want to file a lawsuit when:
- Your child’s injuries are severe and potentially permanent.
- Your child’s injuries are disabling and impact their qualify of life.
- The expenses resulting from the birth injury are high and growing.
- Your child will likely need ongoing treatments and other costly medical care.
- You suspect or are certain that negligence played a role in your child’s injuries. In other words, you feel they should have been prevented with better care.
How Does a Birth Injury Lawsuit Work in California?
Filing a lawsuit is a big step and can be complicated. Your lawyer will guide you through the process, taking you through all the steps necessary to get a good outcome:
- Filing the complaint
This is a document sent to the courts and defendants to make the lawsuit official. - Investigating and building a case
The filing triggers a discovery period, which gives legal teams on both sides time to build a case. Lawyers use this time to work with experts, gather evidence, talk to witnesses, and hold depositions. - Negotiating for a pre-trial settlement
Many hospitals and insurance companies will negotiate because a settlement is often cheaper than a jury verdict. - Litigating in court
If the defendants will not settle or do not offer enough compensation, your lawyer can take your case to court. This puts the decision in the hands of a jury. - Fighting appeals
Even if you win in court, the defendants may appeal. Your lawyer will continue fighting your case as it goes to a higher California court.
Is There a Time Limit to File a Birth Injury Lawsuit in California?
Yes, it’s called the statute of limitations. California law gives you just two years after an incident to file a lawsuit. There may be some exceptions, but these are not typical, so talk to a lawyer about your case as soon as possible.
How Will My Lawyer Prove My Case?
Proving medical negligence is more difficult than other types of negligence. Your lawyer will need to work with medical experts to first establish an accepted standard of medical care for your situation. In other words, they will show what other doctors would have done in the same situation.
If your doctor, or another medical professional, deviated from that accepted standard, they may be negligent in causing the birth injury. Proving medical negligence and liability depends on evidence, witness testimony, and unbiased medical experts.
What Can I Expect in Damages for My Lawsuit?
Damages awarded in California birth injury lawsuits depend heavily on actual expenses. California law caps non-economic damages in medical malpractice cases at $250,000.
The majority of your damages will come from actual expenses:
- Your past medical bills related to the birth injuries
- Ongoing expenses for your and your child’s treatment
- Expected costs for your child’s future treatments and care
- Any additional costs for your child in the future, such as therapy or medical equipment
- Travel expenses for receiving treatment
California Birth Injury Lawsuits
Birth injury lawsuits are not as common in California as in other states because of the non-economic damages caps. However, when expenses are high and expected to continue, families can sue for negligence and medical malpractice to cover ongoing treatment and care costs.
$3.5 Million Settlement
A case from Harbor-UCLA Medical Center in Los Angeles County resulted in a $3.5 million pre-trial settlement for Juana Montoya. She suffered a stroke shortly after giving birth at the facility in 2008. Montoya was discharged but returned the next day with bleeding in the brain that resulted in permanent brain damage. Her lawyers proved the facility’s negligence in discharging her too soon and providing inadequate care.[1]
$96 Million Jury Award
In another case, the family of Aidan Ming-Ho Leung won a huge jury award of $96 million after untreated jaundice left him with cerebral palsy. His family sued Verdugo Hills Hospital in Glendale, where Aidan was born, and the attending physician. Their lawyers showed the doctor and hospital were negligent in not recognizing Aidan’s risks for kernicterus, a condition that can lead to jaundice and brain damage without treatment.
Aidan’s family received a jury award of the maximum allowed $250,000 for non-economic damages. The majority of the award was given for past and future expected medical and care costs for the disabled boy. The case went all the way to the California Supreme Court.[2]
$74 Million Jury Verdict
A jury found a doctor was negligent in delivering a baby at Sierra Vista Regional Medical Center in San Luis Obispo in 2009. Parents Andrew and Jennifer Blunt sued the facility and doctor over medical malpractice that left their daughter permanently disabled. Their lawyers proved to the jury that the baby’s heart rate fluctuated during delivery and that the doctor failed to do anything about it. She suffered brain damage and now has cerebral palsy.[3]
If your child is now living with permanent or disabling injuries as the result of mistakes made during childbirth, you may want to file a lawsuit. The right lawyer can provide advice about filing and make sure you get the best possible outcome.