Misdiagnosis, Delayed Treatment

 

The California infant misdiagnosis lawyers at Donahue & Horrow LLP understand that birth injuries cause life changing consequences for both the parents and the child involved. The effect of a birth injury is far reaching and causes not only physical hardship and pain, but also causes financial stress, and emotional pain and suffering for everyone involved.

 

Birth injuries can cause significant costs for the parents depending on the injury and can last a lifetime. Costs can include ongoing medical care, physiotherapy, special education and more. The Centers for Disease Control reports that hospitalizations from birth defects in the U.S. alone amount to 2.6 billion dollars annually.

 

With over 50 years of experience collectively, our legal team can examine the evidence in your case and determine if you and your child have been the victim of medical malpractice.

There are countless ways a misdiagnosis or delayed treatment can cause serious harm to both the mother and child before, during and after birth. Some common examples can include:

• Pre-eclampsia;
• Placental abruption;
• Breech births, unusually large baby, jackknife births;
• Fetal distress;
• Maternal distress;
• Infections of mother or child;
• Gestational diabetes;
• Allergies to medications.

 

Negligence

To have a legal claim against the doctor or hospital, it will be necessary to show that the medical staff acted in a negligent manner. Generally, it will need to be proven that:

• There was a doctor-patient relationship.
• The doctor had a duty to the patient to provide reasonable care under the circumstances.
• The doctor breached this duty.
• The breach of that duty caused damage to the plaintiff as a result.

Our California infant misdiagnosis lawyers have handled hundreds of cases involving children that have been harmed in all stages of the birth process. We are passionate about getting these families and children the compensation they need so that they can achieve the best possible outcome for their conditions.

Limitations that Apply to California Birth Injury Cases

While some parts of a birth injury case are handled just like another medical malpractice claim, there are special rules that apply to birth injury cases or injuries to minors. These cases tend to move more quickly through the system, as they are given priority on the court calendar and may receive a trial date within nine months of filing an action. This is compared to other types of cases that may wait for several years just to get a trial date.

A birth injury case must be filed before the child’s eighth birthday. This longer filing deadline allows for some injuries to become apparent as the child grows and enters school. It is important to note however, there are other filing deadlines against government-run hospitals that are much shorter. Therefore, it is important to come talk to us as soon as possible to ensure that your rights and the rights of your child are protected.

If your child has been harmed due to the doctor or hospital negligence, it is important to take prompt action and call us. We will provide you with a free consultation and answer the many questions you have. If you decide to pursue and action, we will take your case on a contingency basis. This means that you don’t pay us until we win your case. Call us today at 310-322-0300 or toll free at 877-664-5407.