San Diego Birth Injury Attorney

Vaage Law > Practice Areas > San Diego Birth Injury Attorney

The birth of your child should be one of the happiest days of your life. After months of excitement, anticipation, and preparation, you finally get to welcome your baby and hold them in your arms. But what happens when the moment you’ve waited for takes an unexpected turn?

For some families, a birth injury can forever change their lives. Instead of the future you envisioned for your child, you and your baby are now faced with uncertainty and fear. A birth injury can turn your world upside down, and the journey toward recovery can be overwhelming.

At Vaage Law, we believe that no parent should have to experience this alone, and we’re here to help you understand your options and protect your child’s rights. A San Diego birth injuries lawyer from our firm can fight to ensure you get justice and that your family’s needs are met. 

With over 35 years of experience, Vaage Law is here to help you understand your legal options to secure a dignified and better future for your child. Get in touch with us online or call (619) 338-0505 today to learn what we can do for you. 

What Is a Birth Injury?

A birth injury refers to harm or damage that happens to a baby during labor or delivery. These injuries are different from birth defects, which are conditions present before birth due to genetic factors or environmental influences.

Birth injuries, on the other hand, are preventable and often occur due to complications during labor that could have been managed with proper medical care. If a medical provider makes a mistake during delivery or provides negligent treatment before or after birth, this is considered medical malpractice, and you may be able to file a lawsuit.

Common Types of Birth Injuries Our San Diego Birth Injury Law Firm Handles

Birth injuries that can arise out of medical negligence include: 

• Cerebral Palsy: Cerebral palsy is a condition that affects the brain and muscles, often caused by a lack of oxygen during delivery. It can lead to challenges with movement, coordination, and speech.
• Hypoxic-ischemic encephalopathy (HIE): This is a lack of oxygen to the baby’s brain during or shortly after birth. While the oxygen is not completely cut off, hypoxia can lead to brain damage in babies.
• Anoxic Brain Injury: Anoxia is the complete disruption of oxygen to the brain, meaning zero amounts of oxygen are reaching the brain.
• Brachial Plexus Injury: This is an injury to the nerves in the neck of the baby, caused by when the baby’s arm gets stuck in the mother’s pubic bone during delivery. Excessive pulling or pressure can cause weakness, numbness, or even permanent loss of movement in the affected arm.
• Fractures: A bone fracture during birth is often caused by excessive force during delivery, particularly when tools like forceps or a vacuum extractor are used.

These birth injuries may not be immediately apparent, but they can have lifelong devastating impacts on your baby. If you suspect your child has suffered a birth injury, it’s crucial that you speak to a San Diego birth injury lawyer as soon as possible. An experienced legal team can determine whether medical negligence is responsible for your child’s suffering and what can be done moving forward to get you the financial support needed to care for your family. 

A Mother’s Journey Fighting for Justice on Behalf of Her Son With Vaage Law

Watch the video below to hear our client’s powerful story of navigating the painful aftermath of her son’s birth injury. From battling the hospital on her own to finding the right legal support through Vaage Law, she reveals how our firm fought for her family every step of the way while providing emotional support.

Birth Injury Statistics in San Diego

In a recent report by the March of Dimes, California, including San Diego County, received a B- grade for maternal and infant health. This grade reflects concerns about increasing preterm birth rates, which stand at 9.2% statewide and 9% in San Diego County. Preterm births are associated with higher risks of birth injuries and long-term health issues for infants.

While San Diego County is home to several renowned hospitals and medical centers, such as UC San Diego Health, it is not immune to instances of medical malpractice. Quality of care can vary, and factors such as hospital protocols, staff experience, and patient load can influence birth outcomes.

How Medical Negligence Leads to Birth Injuries

Medical malpractice happens when a doctor or other healthcare professional does not provide the level of care that is expected in a situation, resulting in harm to the patient. In cases of birth injuries, these injuries could have been avoided with proper medical attention, proper monitoring, and timely decisions during the delivery process. 

When doctors, nurses, or other medical professionals make mistakes or overlook critical signs, it can lead to devastating consequences for both the child and the family. Examples of medical malpractice that can result in birth injuries include: 

• Improper Use of Forceps or Vacuum: Forceps and vacuum extractors are tools to assist in a difficult delivery. If applied incorrectly or with too much force, they can cause injuries such as fractures, brachial plexus injuries, or even brain damage due to excessive pressure.
• Delayed or Improper C-Section: In some cases, a vaginal delivery may become too risky for the baby, and a C-section is needed to safely deliver the child. When a doctor delays or incorrectly decides against performing a C-section, it can put the baby’s health in jeopardy and lead to unnecessary trauma during delivery.
• Failure to Respond to Signs of Distress: Doctors must recognize and address any signs of distress in either mother or child, including a drop in heart rate, lack of oxygen, abnormal positioning, and bleeding. If the medical team fails to act quickly on these signs, the baby may not receive the timely intervention needed to prevent a birth injury.
• Negligent Handling of Birth Complications: Birth complications like when the baby is positioned feet-first or the umbilical cord becomes tangled require swift action. If a medical professional fails to react urgently and resolve the complication as soon as possible, the baby can suffer oxygen deprivation or physical damage.

It’s also important to remember that a birth injury can be the result of poor prenatal care, such as failing to address the mother’s medical history, including conditions like high blood pressure, diabetes, or infections, which can increase the risk of complications during labor and delivery. A doctor’s lapse in judgment can leave you and your baby struggling with a lifetime of obstacles.

Children may face long-term physical, cognitive, and emotional struggles, requiring years of medical care, therapy, and special support. When you feel like you have nowhere to turn, Vaage Law is here to give your family clarity on what to do if you’re child is injured. Fill out our quick online form or call us at (619) 338-0505 today to learn more about how a birth injury attorney in San Diego can defend your child’s rights.

What Will a Birth Injury Lawyer in San Diego Do for My Child?

Between caring for your child and working to make enough to pay for mounting medical bills and specialized care, you’re already stretched thin, with little time or energy left to handle the legal complexities of filing a lawsuit on your own.

Proving medical negligence is extremely challenging, as the hospital may try to dispute your claims that your child’s injury was due to a mistake or error on its part, instead arguing the birth injury was unavoidable. Also, hospitals have aggressive legal teams dedicated to protecting their interests and minimizing their liability, making it even more difficult for families to get the justice they deserve.

A San Diego birth injury attorney can be by your side throughout the entire process and handle: 

• Investigating the Cause of Your Child’s Birth Injury: Your lawyer will gather your child’s medical records, review delivery reports, and consult with medical experts to look for signs of malpractice.
• Proving Negligence: Your case must demonstrate that the injury occurred due to a healthcare provider’s failure to provide the appropriate level of care. A lawyer with a background in medical malpractice cases will know how to show a healthcare professional could have avoided the injury.
• Negotiating With the Hospital’s Legal Team: The hospital’s defense may try to get you to settle for less than what you deserve or do away with your case entirely. However, a lawyer will use their negotiation experience to get a fair settlement to cover all your child’s immediate and long-term needs.
• Taking Your Case to Court If Necessary: If the other side refuses to budge on insufficient compensation, your lawyer will be prepared to fight for you in court.

A study by Martindale-Nolo found that over 90% of people who hired a lawyer successfully secured a settlement or award, compared to only about half of those who tried to handle their claims on their own and ended up with no compensation.

What Types of Compensation Can a San Diego Birth Injuries Attorney Help Me Recover?

Raising a baby with a birth injury can exceed $1 million throughout their lifetime. The exact costs depend on the type of birth injury and its severity, but oftentimes, birth injuries can necessitate lifelong medical care. 

That’s why financial assistance can be so invaluable, not only to cover medical expenses but also to ensure all of your child’s needs are met. A lawsuit can help secure the compensation necessary to give your child the best chance for a healthy, fulfilling life by securing financial support to cover the following for your family: 

• Past, current, and future medical expenses for treatment, surgeries, medication, doctor’s appointments, and more.
• Therapy costs, including physical, occupational, and speech therapy.
• Pain and suffering endured by you and your family.
• Lost wages if a parent must reduce working hours or stop working altogether to care for the child. 

At Vaage Law, we have recovered over $190 million for our clients, including several impressive victories in birth injury cases, such as: 

• $1.3 Million: A failed forceps delivery and a delay in performing a C-section led to brain injury in a baby who was born with the umbilical cord wrapped twice around his neck.
• $1.2 Million: A military doctor ignored the mother’s history of shoulder dystocia and refused to perform a C-section. The almost 11-pound baby was born with a brachial plexus injury and a limp left arm.

Learn More About Medical Malpractice With Bob Vaage

In this podcast, Bob Vaage discusses medical malpractice arbitration and its critical role in birth injury cases. Bob shares his insights on how arbitration works, why it matters for families affected by birth injuries, and what makes a strong case.

Why Hire Vaage Law: A Trusted San Diego Birth Injury Law Firm

At Vaage Law, we are a small, boutique firm based right here in San Diego, committed to providing personalized attention to every client. With over 35 years of experience, we focus on securing the best possible outcome for families in our community dealing with the devastating effects of birth injuries.

Our reputation in San Diego speaks for itself. Attorney and founder Bob Vaage’s extensive trial experience and track record of success, having tried more cases to verdict than most civil attorneys in San Diego, set us apart. Known for his courtroom skills, Bob has earned the respect of both local peers and defendants, which is why more than 95% of his cases settle in favor of our clients.

A San Diego birth injury lawyer at our firm can help set you and your child on a path toward a better and brighter future despite a birth injury. We have a long history of going up against hospitals for medical malpractice, including Kaiser. Reach out to Vaage Law today online or by calling (619) 338-0505.

Proudly Representing San Diego Residents

San Diego Birth Injury Lawsuit FAQs

Call Vaage Law today at (619) 338-0505.