Frequently Asked Questions About Birth Injuries

At Willoughby Law Firm, Inc., we understand how confusing it can be when the birth of your child does not go as planned. We provide here brief answers to some of the questions we are frequently asked. For complete answers and legal advice, call 415-870-2778 to schedule a consultation.

What Is A Birth Injury?

A birth injury occurs when a medical professional shows negligence and a mother or child is injured as a result. This negligence may result in the mother losing too much blood during delivery, or an infant suffering injuries because their oxygen was not properly monitored. Read more about types of common birth injuries here.

What Is Perinatal Asphyxia?

This is a condition infants suffer when they do not receive enough oxygen during birth.

What Causes Infant Facial Paralysis?

This injury is caused by damage to the facial nerve. It can be permanent or temporary, but it typically resolves on its own over time.

Is There A Cure For Cerebral Palsy?

It is one of the most serious birth injuries. A child with cerebral palsy can experience muscle spasms and lack motor skills. There is currently no cure for the condition.

How Serious Are Spinal Cord Injuries?

Damage to the spine during delivery can lead to neurological issues, paralysis and even death.

What Is ‘Caput Succedaneum’?

Caput succedaneum is a condition typically caused by too much pressure on the baby’s head during delivery, this can lead to swelling and bruising of the scalp.

Can Doctors Detect Spina Bifida Before Birth?

When the embryonic neural tube does not seal before birth, this devastating condition is a result. Doctors should be able to detect this problem before birth with an ultrasound, and when they do not, it is considered negligence.

Is There A Statute Of Limitations For Birth Injury Claims?

Like all personal injury claims, those involving birth injuries have a statute of limitations attached to them. This is the time limit a person has to file a medical malpractice claim. Like nearly every other aspect of a medical malpractice claim, the statute of limitations for birth injury claims is complex.

If the defendant in the claim is a county hospital or public health care provider in California, injured individuals may only have six months to notify the medical provider of their intent to file a claim. However, if the birth injury does not involve a public hospital, parents may have time until the child’s eighth birthday to file their claim.

Mothers of children who suffer a birth injury may have up to one year after the injury occurred to file a claim. They may also be able to secure enough compensation to allow them to care for the child until they are 18 years of age or longer if the injury prevents the child from caring for themselves after that time.

Where Can I Get Help With My Claim?

If you or your child has suffered an injury during birth due to a medical professional’s negligence, speak to Markus Willoughby at Willoughby Law Firm, Inc., by calling 415-870-2778. You may also email the firm.