Birth Injuries

Sacramento Birth Injury Lawyers

When a Preventable Medical Error Harms a Baby or Mother

The birth of a child should be a joyful occasion. When a baby or mother suffers a serious injury during pregnancy, labor or delivery, families may be left wondering what happened, whether the injury was preventable and how they will manage the care their child may need.

Not every birth complication is medical malpractice. But when a doctor, nurse, midwife or hospital fails to recognize warning signs, delays necessary treatment or provides care below accepted medical standards, the responsible healthcare providers may be held accountable.

Wilcoxen Callaham, LLP has represented injured Californians for more than 45 years. Our Sacramento birth injury lawyers help families throughout Northern California—including Kaiser Permanente members—investigate what happened and pursue compensation for medical care, therapy and other long-term needs.

Common Birth Injuries

Birth injuries can affect a baby, a mother or both. Examples include:

1. Brain injuries caused by oxygen deprivation, including hypoxic-ischemic encephalopathy (HIE)
2. Cerebral palsy and developmental disabilities associated with preventable oxygen deprivation or birth trauma
3. Brachial plexus injuries, including Erb’s palsy
4. Skull fractures, bleeding or other trauma associated with the improper use of forceps or vacuum extractors
5. Untreated infections or severe jaundice, which can cause permanent harm if not identified and treated promptly
6. Injuries to the mother, including severe hemorrhage, uterine rupture and complications of untreated preeclampsia

What Can Cause a Preventable Birth Injury?

Many preventable birth injuries involve a warning sign that was missed or a necessary treatment that was delayed. Potential causes include:

1. Failing to recognize or respond to fetal distress on the heart-rate monitor
2. Delaying a medically necessary C-section
3. Improperly using forceps or a vacuum extractor
4. Failing to diagnose or manage preeclampsia, gestational diabetes or an infection during pregnancy
5. Mismanaging shoulder dystocia or another difficult delivery
6. Making medication errors, including errors involving drugs used to induce or accelerate labor
7. Failing to diagnose and treat a newborn’s infection, jaundice or other serious condition

When Is a Birth Injury Medical Malpractice?

A poor outcome does not necessarily mean that malpractice occurred. Some complications happen even when healthcare providers act appropriately.

A birth injury may constitute medical malpractice when a doctor, nurse, midwife or hospital failed to provide the level of care that a reasonably careful provider would have provided under similar circumstances, and that failure caused harm to the baby or mother.

Determining whether malpractice occurred requires a careful review of the evidence. That may include fetal heart-rate monitoring strips, prenatal records, medication records, nursing notes, delivery records and the timing of important medical decisions. Qualified medical experts may also be needed to evaluate whether the care met accepted professional standards.

Birth Injury Claims Have Strict Deadlines

California imposes strict, case-specific deadlines on medical-malpractice claims. Because a birth injury happens before a child turns six, the child’s claim generally must be filed within three years or before the child’s eighth birthday, whichever is later.

Different—and sometimes shorter—deadlines may apply to claims belonging to a parent or to an injured mother. California also generally requires written notice to a healthcare provider at least 90 days before filing a professional-negligence lawsuit.

Because these deadlines can overlap and limited exceptions may apply, families should obtain legal advice as soon as they have questions about a possible birth injury. Learn more about California’s medical-malpractice statute of limitations.

What Compensation May Cover

Depending on the circumstances, compensation in a successful birth injury claim may help cover:

1. Past and future medical treatment
2. Physical, occupational and speech therapy
3. Medical equipment and assistive technology
4. In-home care and long-term support
5. Special educational and developmental services
6. Lost earning capacity
7. Pain, suffering and loss of enjoyment of life, subject to California’s applicable limits on noneconomic damages

The compensation available depends on the nature of the injury, the child’s anticipated needs, the evidence of negligence and other circumstances specific to the case.

How Wilcoxen Callaham Can Help

We start by listening to your family and learning what happened. When further investigation is appropriate, we obtain and review the relevant medical records, reconstruct the timeline of care and consult qualified medical experts.

We then provide an honest assessment of the available legal options. If we accept the case, our attorneys handle the legal process so your family can focus on your child.

Birth Injury and Maternal Injury Results

1. Newborn brain injury from an undiagnosed infection — $4.75 million settlement: The firm settled during trial a claim against a hospital that failed to discover or treat a newborn’s infectious disease.
2. Failure to diagnose preeclampsia — $2.45 million result.

See additional verdicts and settlements.
Past results do not guarantee a similar outcome. Every case is different.