Birth Injury Attorneys in California

Compassionate Legal Support for Families Affected by Birth Injuries

Welcoming a new life should be a joyous occasion. However, when medical negligence causes a birth injury, families face unexpected challenges. At ACTS Law we understand the profound impact such injuries can have and are committed to helping families navigate the legal complexities to secure the compensation they deserve.

Understanding Birth Injuries

Birth injuries can cause a baby to suffer physical, neurological and cognitive impairments during pregnancy, labor, delivery, or shortly after birth. These injuries can result from various factors, including:

• Obstetric Negligence
  Failure of the obstetrician to adhere to standard medical practices during pregnancy, prenatal care, and during labor and delivery.
• Birth Trauma
  Physical injuries sustained by the infant during delivery, often due to the misuse of instruments or excessive force.
• Labor and Delivery Negligence
  Errors made during the labor and delivery process, such as incorrect interpretation of fetal monitoring, arrest of labor, arrest of fetal descent and untimely recognition of fetal intolerance to labor can all lead to delayed Cesarean sections resulting in oxygen deprivation and, ultimately, irreversible brain injury.
• Prenatal Care Negligence
  Inadequate monitoring or failure to address potential complications during the prenatal period.

Common Types of Birth Injuries

• Asphyxia
  Lack of oxygen before, during, or after birth can lead to severe complications, including brain damage, developmental delays, or even death. Fetal asphyxia often stems from inexcusable delays in performing indicated Cesarean sections, failure to monitor and timely respond to fetal distress, or labor complications like umbilical cord issues. Medical providers must be vigilant in recognizing signs of fetal distress, such as decelerations in the fetal heart rate, which often indicate an urgent need for delivery to prevent brain injury. In most cases, asphyxia is entirely preventable with proper monitoring and timely intervention.
• Brain Damage
  Infants can suffer brain damage from oxygen deprivation, physical trauma during delivery, or improper medication administration. In some instances, brain damage may also result from the administration of the wrong medication or excessive dosages during labor or shortly after birth—mistakes that can have lasting neurological consequences. These injuries can result in lifelong challenges such as intellectual disabilities, seizures, or motor dysfunction. Early diagnosis and intervention may help manage symptoms, but many effects are permanent and require long-term skilled nursing care.
• Brain Bleeding
  Also known as intracranial hemorrhage, brain bleeding may result from excessive pressure on the infant’s head during delivery or from fragile blood vessels rupturing under stress. It can cause developmental delays, seizures, or cerebral palsy. Prompt imaging and diagnosis are critical to managing this condition and minimizing damage.
• Brain Swelling
  Swelling in the brain (cerebral edema) can occur due to trauma, infection, or lack of oxygen and often increases intracranial pressure, putting vital brain structures at risk. If untreated, it may lead to permanent damage or death. Causes can include mismanaged labor, medication errors, or undetected infections during pregnancy.
• Cerebral Palsy
  A lifelong neurological movement disorder caused by damage to the developing brain, is often due to medical negligence during labor and delivery. It affects muscle tone, coordination, posture, motor skills and cognitive development. Children with cerebral palsy typically will require physical therapy, assistive devices, and ongoing medical support throughout their lives.
• Brachial Plexus Palsy (Erb’s Palsy)
  This injury occurs when the cervical nerves that control movement and sensation in the arm and shoulder are stretched, or torn, during a difficult delivery, particularly when excessive force is applied to the baby’s head during an attempted vaginal delivery. Symptoms range from weakness and limpness to complete paralysis of the arm. In some cases, surgery or therapy can restore partial function.
• Hypoxic Ischemic Encephalopathy (HIE)
  HIE is a type of brain injury caused by a prolonged lack of oxygen and blood flow, often due to delayed recognition of fetal distress or improper use of labor-inducing drugs. It can result in permanent cognitive, physical, and/or developmental impairments. Babies with HIE often require extended NICU care and ongoing lifelong skilled nursing care.
• Nuchal Cord
  A nuchal cord occurs when the umbilical cord wraps around the baby’s neck, restricting oxygen and blood flow to the brain. While not always dangerous, a tightly-wrapped cord can lead to asphyxia, HIE, or even stillbirth if not promptly addressed. Proper monitoring of the fetal heart rate can help detect and mitigate this risk.
• Skull Fractures or Brain Trauma
  Fractures to the skull may occur from the use of forceps or vacuum extractors or can be due to prolonged, difficult labor. These injuries can lead to swelling, bleeding, or brain damage depending on magnitude of the injury. Some fractures heal without long-term consequences, but others may require surgery and close monitoring.

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Long-Term Implications of Birth Injuries

Some birth injuries necessitate ongoing medical interventions and skilled nursing care:

• Gastrostomy Tube (G-Tube): Used for infants who cannot feed orally, ensuring they receive necessary nutrition.
• Tracheostomy Tube: Inserted into the trachea to assist infants with breathing difficulties.
• Ventilator Dependency: Some infants require mechanical ventilation due to compromised respiratory function.

These interventions indicate severe and often irreversible injuries, underscoring the importance of early detection and appropriate medical response.

Birth injuries due to medical malpractice can occur for a number of reasons and can include irreversible brain injury. For example, brain injuries can occur when there is a lack of oxygen (hypoxia) to the baby’s brain while the mother is in labor and, typically,  because either the obstetrician, nursing staff, or both do not timely recognize signs of fetal intolerance to labor. Asphyxia, or the complete lack of oxygen to the brain, can cause life-long disabilities and difficulties.

Some of the potential conditions that can cause more severe hypoxia, or even asphyxia, at birth include:

• Uterine Rupture
• Prolapsed Umbilical Cord
• Placental Abruption
• Cord Compression
• Utero-placental Insufficiency

These conditions all pose a potential emergency situation which usually require the baby to be delivered by emergency Cesarean section. Given the dire emergency due to lack of oxygen to the baby’s brain, an emergency Cesarean section usually requires delivery as quickly as possible to lessen the chance of a significant brain injury to the baby rather than the time span often cited by defense attorneys of “decision to incision” encompassing about 30 minutes.

Tragically, many babies don’t fully recover from preventable brain injuries because of obstetrical negligence during labor and delivery and are destined to a life of complex future medical care. When such preventable injuries occur, you may be able to file a medical malpractice claim to obtain the necessary future medical care that your child deserves, and the compensation that you deserve to help you to care for a brain-injured child.

Our legal team at ACTS is highly-skilled with nearly 70 combined years of experience zealously representing the victims of obstetric negligence. Our successful advocacy for our very deserving clients, including those children sustaining injury caused by obstetric negligence, has enabled us to achieve significant recoveries, settlements and verdicts. We are here to help!

Contact our medical negligence team of Bruce Brusavich and Eduardo J. Ascencio if you think that you have been a victim of a birth injury or medical malpractice. Mr. Ascencio speaks Spanish fluently ensuring that Spanish-speaking clients can seek the justice that they and their families deserve. Our team of zealous lawyers has nearly 70 years of combined experience to get you the help you deserve.