When parents prepare to welcome a new baby, they place their trust in doctors, nurses, and hospitals to provide safe, professional care. Unfortunately, medical mistakes during pregnancy, labor, or delivery can result in life-altering birth injuries. In these heartbreaking cases, San Jose birth injury attorneys play a critical role in helping families seek justice, accountability, and financial support to care for their injured child.
What San Jose Birth Injury Attorneys Do
Birth injury attorneys in San Jose specialize in handling cases involving medical malpractice during childbirth. They represent families whose newborns have suffered injuries due to negligent or improper care by medical professionals. These lawyers have a deep understanding of both medical and legal complexities, allowing them to identify whether doctors, nurses, or hospitals failed to meet accepted standards of care.
Beyond building a legal case, these attorneys serve as advocates for families. They provide emotional support, guidance, and a pathway toward financial recovery for those struggling with the devastating consequences of a preventable birth injury.
Common Types of Birth Injuries
Birth injuries can range from temporary conditions to permanent disabilities that impact a child’s life forever. Some of the most common injuries seen by San Jose birth injury attorneys include:
Cerebral Palsy: Often caused by oxygen deprivation during delivery, cerebral palsy affects muscle control, movement, and posture. Children may require lifelong therapy and specialized care.
Erb’s Palsy: This injury occurs when the brachial plexus nerves in a baby’s shoulder are damaged, typically due to excessive pulling during birth. It can result in weakness or paralysis in the affected arm.
Hypoxic-Ischemic Encephalopathy (HIE): HIE is a type of brain injury resulting from reduced oxygen and blood flow to the brain. Early intervention is crucial, but delays in diagnosis or treatment can cause permanent brain damage.
Fractures and Skull Injuries: Misuse of delivery tools like forceps or vacuum extractors can cause bone fractures, bruising, or skull trauma in newborns.
Spinal Cord and Nerve Damage: Rough handling or improper delivery techniques can lead to nerve or spinal cord injuries that may result in paralysis or chronic pain.
How Birth Injury Attorneys Build a Case
Building a successful birth injury case involves proving that medical negligence directly caused the child’s injury. This process requires extensive investigation, expert testimony, and careful analysis of medical records. San Jose birth injury attorneys follow several essential steps to develop a strong claim.
1. Reviewing Medical Records: Attorneys scrutinize prenatal, labor, and postnatal care records to identify any errors or delays in treatment that may have led to harm.
2. Consulting Medical Experts: Expert witnesses, such as obstetricians or pediatric neurologists, provide insights into whether the healthcare provider’s actions deviated from accepted standards of care.
3. Establishing Negligence and Causation: To win a case, it must be proven that the provider’s negligence—not a natural complication—caused the injury.
4. Calculating Damages: Attorneys determine the financial impact of the injury, including medical costs, long-term therapy, special education needs, and emotional distress.
Compensation Available for Families
Raising a child with a birth injury can be financially overwhelming. Medical bills, therapy sessions, and special accommodations can quickly add up. Compensation in birth injury cases may include:
– Current and future medical expenses
– Physical and occupational therapy
– Assistive equipment and home modifications
– Pain and suffering
– Loss of future earning capacity
– Emotional distress
San Jose birth injury attorneys fight to ensure families receive fair compensation that addresses not only the immediate needs of the child but also their long-term care and quality of life.
Why Hire an Experienced San Jose Birth Injury Attorney
Medical malpractice cases are among the most complex areas of law. Hospitals and insurance companies often have teams of attorneys working to minimize their liability. Families need strong legal representation from a firm that understands both the emotional and technical aspects of birth injury claims.
An experienced attorney knows how to gather the right evidence, handle expert testimony, and negotiate effectively with insurers. They can also take a case to trial if necessary to ensure justice is served. Working with a compassionate attorney gives families the peace of mind that someone is fighting for their child’s future.
Understanding California’s Legal Deadlines
In California, birth injury claims are governed by strict deadlines known as statutes of limitations. Generally, parents must file a claim within one year of discovering the injury or within three years of the negligent act. However, exceptions exist for minors, so it’s important to consult an attorney as soon as possible.
Delaying legal action can make it harder to collect evidence or locate witnesses. The sooner a family contacts a birth injury attorney, the stronger their case is likely to be.
How Legal Action Can Bring Change
Filing a lawsuit is not only about securing financial support—it’s also about holding negligent parties accountable. When families take legal action, they shine a light on unsafe medical practices and encourage hospitals to adopt better standards of care. This advocacy helps prevent similar tragedies from happening to other families in the future.
Many parents find that pursuing justice brings emotional closure and the means to give their child the best possible care. A successful claim can fund necessary therapies, specialized education, and medical support for years to come.
Choosing the Right Firm for Your Case
When selecting a birth injury attorney in San Jose, families should look for a firm with a strong track record in medical malpractice litigation. The ideal attorney combines medical knowledge, courtroom experience, and compassion. Communication is also key—you should feel confident that your attorney truly understands your family’s needs and goals.
Law firms like Moseley Collins Law have decades of experience representing victims of medical negligence throughout California. They are dedicated to helping families recover both financially and emotionally after a devastating birth injury.
Take the First Step Toward Justice
If your child has suffered a birth injury due to medical negligence, you don’t have to face this battle alone. A qualified San Jose birth injury attorney can guide you through every step of the legal process, from investigation to settlement or trial. Their goal is to ensure your family receives the compensation and justice you deserve.
Moseley Collins Law
99 N First St #205, San Jose, CA 95113
(408) 444-4000