Best Birth Injury Lawyers in Burlingame

About Birth Injury Law in Burlingame, United States

Birth injury law focuses on cases where an infant suffers harm before, during, or shortly after delivery, often due to medical negligence. In Burlingame, United States, these cases fall under personal injury and medical malpractice law. Birth injuries can involve physical conditions such as cerebral palsy, brachial plexus injury, fractures, or brain damage. The law protects families when preventable mistakes by healthcare providers result in long-term consequences for a child and their loved ones.

Why You May Need a Lawyer

Birth injury cases are often complex and emotionally challenging. You may need a lawyer if your child suffered harm during pregnancy, labor, or delivery that you suspect was related to medical errors. Lawyers can help in the following situations:

• Identifying and investigating medical negligence or mistakes by doctors, nurses, or hospitals.
• Securing expert testimony to understand if the standard of care was breached.
• Negotiating with insurance companies that may attempt to minimize compensation.
• Pursuing compensation for medical expenses, long-term care, pain and suffering, and loss of future income.
• Navigating complicated local and state laws, statutes of limitations, and filing procedures.

Local Laws Overview

Burlingame is situated in California, so California state laws regulate birth injury cases. Some key aspects include:

• Statute of limitations: California law typically allows filing a medical malpractice claim within three years of the date of injury or one year from when the injury was discovered, whichever comes first. Special rules may apply for minors.
• Cap on non-economic damages: California limits the amount recoverable for non-economic damages, such as pain and suffering, in medical malpractice cases. As of 2022, the cap was raised and is subject to adjustment annually.
• Requirements for expert witnesses: The injured party must usually provide expert testimony to prove negligence and causation.
• Comparative negligence: California follows a pure comparative negligence system, meaning compensation may be reduced by any percentage of fault attributed to the plaintiff.
• Pre-litigation requirements: California requires a notice of intent to sue to be served on healthcare providers before filing a lawsuit.

Frequently Asked Questions

What is a birth injury?

A birth injury is any physical harm or damage suffered by a newborn during pregnancy, labor, or delivery, often caused by complications or medical errors.

What are common causes of birth injuries?

Common causes include delayed C-sections, improper use of forceps or vacuum extractors, failure to monitor fetal distress, and mistakes with medication or anesthesia.

How do I know if my child's injury was caused by medical negligence?

It can be challenging to determine on your own. A birth injury lawyer can investigate the case, review medical records, and consult with medical experts to identify whether negligence occurred.

Is there a time limit for filing a birth injury lawsuit in Burlingame?

Yes, California laws impose strict deadlines, known as statutes of limitations. For minors, different rules may apply, so consult a legal professional as soon as possible to avoid losing the right to file.

What types of compensation can I seek?

You can typically seek compensation for medical expenses, ongoing care, special education, lost future earnings, and pain and suffering.

Will my case go to court?

Many birth injury cases are settled out of court, but some proceed to trial if a fair agreement cannot be reached.

How much does it cost to hire a birth injury lawyer?

Most birth injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case or receive a settlement.

How is a birth injury different from a birth defect?

A birth injury results from an event during pregnancy or delivery, often caused by medical error, while a birth defect usually stems from genetic or developmental factors and is not caused by a healthcare provider's negligence.

What documents should I provide to a lawyer?

Gather all medical records related to the pregnancy, birth, and neonatal care, insurance information, and any correspondence with healthcare providers.

Can I sue both the hospital and individual doctors?

Yes, in many cases, both the healthcare facility and individual practitioners can be held liable if their actions contributed to the injury.

Additional Resources

If you need more information or support, consider the following resources:

• California Department of Public Health offers information on patient rights and reporting medical care concerns.
• Medical Board of California regulates medical practitioners and handles complaints about doctors.
• California Office of the Patient Advocate provides guidance on health care quality and patient rights.
• San Mateo County Bar Association can help refer you to qualified local birth injury attorneys.
• March of Dimes and United Cerebral Palsy offer educational materials and support networks for families affected by birth injuries.

Next Steps

If you or your child has suffered a birth injury in Burlingame and you suspect medical negligence played a role, consider taking these steps:

• Seek immediate medical attention and care for your child to address their health needs.
• Gather and organize all relevant medical records and documentation connected to the birth and aftermath.
• Consult a lawyer experienced in birth injury and medical malpractice cases in Burlingame or San Mateo County.
• Prepare a list of questions and a summary of your concerns for your initial legal consultation.
• Do not sign agreements or accept settlements without consulting legal advice to ensure your rights and the interests of your child are protected.

An experienced birth injury attorney can guide you through the process, evaluate your case, and help you pursue the compensation your family needs to provide the best possible care for your child.