Birth Injury Lawyer in Hollywood

Every parent hopes that their child is born healthy and without complications. Certainly, the majority of births in the U.S.  have few if any complications. But when a complication arises it can be traumatic on both the child and the parents. In addition to the physical and mental toll a complication can wreak havoc on a family, the financial toll can be just as burdensome.

In 2018 there were over 3.79 million births. While most of these occurred without much incident, a large number of children and their mothers are harmed every year. Birth-related injuries are more common that one might think. Almost 28,000 children are injured each year during birth, with common injuries including brachial plexus, bone fractures, Erb’s palsy, and other serious conditions that require immediate and long-term medical care. ^[1]

Following a traumatic birth injury, the costs can be exorbitant, forcing families to make uncomfortable choices on the quality and quantity of medical care. No family should have to take on a financial burden when someone else is to blame for their child’s injury.

Schlacter Law has the best birth injury lawyers who are here to assist with getting you the compensation you need for you and your child. Call us today for a consultation.

When an injury arises in Hollywood, it is often due to the negligence of medical personnel who failed to use the proper duty of care to protect a mother and her child. Common injuries include:

• Failing to monitor the fetus’s heart rate
• Improperly following delivery protocols
• Improper or defective drug administration
• A failed procedure or surgery
• Improper delivery tool use such as forceps or vacuums
• Failing to use cesarean procedure when necessary
• Failing to identify issues with the child’s health during birth
• Failing to identify issues with the mother’s health during birth

During birth, it is important that all doctors and nurses attending to the mother and unborn child use the property duty of care to ensure that no one is harmed. While some injuries are unavoidable, many could have been prevented if more attentive care was given to both the mother and child. Nearly half of all birth injuries could have been avoided if both the child and mother were properly monitored. ^[2]

Birth injuries to mothers are almost as common as birth injuries in newborns. Cesarean sections have become far more common with approximately one in every three births performed through a C-section. ^[3] Unfortunately, the increase in the procedure has increased the number of injuries. The mortality rate for mothers has climbed to 14 deaths per 100,000 births, putting new mothers at potentially unnecessary risk of harm.

Giving birth can be one of the most rewarding experiences of a mother’s life. But childbirth injuries can cause some of the greatest stresses as well. This type of harm to both the mother and child often require immediate medical care as well as long-term assistance for rehabilitation and assisted care. When considering the burden of the potential costs, call our birth injury attorneys today. Schlacter Law fights hard for our clients to help get you the compensation you need through a birth injury lawsuit or a settlement agreement with an insurance claim.

Unlike other medical procedures, childbirth has its own unique set of injuries since both the mother and child can encounter an injury. Some examples of injuries a child might experience include:

• Brachial plexus injury
• Erb’s palsy
• Cerebral palsy
• Brain damage
• Bruising
• Bone fractures
• Meconium aspiration syndrome
• Neurological injuries
• Spinal cord injuries

Mothers may experience their own set of injuries, including:

• Improper stitching of a cesarean section
• Improper stitching following an episiotomy
• Infections
• Placenta previa
• Eclampsia and preeclampsia
• Vaginal lacerations or tears
• Ruptured uterus
• Severe hemorrhaging

The severity of the injury often plays a large role in the costs associated with recovering from it. The more serious the harm usually results in the need for more expensive care. Injuries such as cerebral palsy often require assisted living for children and adults to provide constant monitoring and help with day-to-day living. Preeclampsia in mothers can cause dangerously high blood pressure and even seizures, requiring important but expensive medical assistance.

Birth injury claims can be complex and time-consuming. Estimating the short-term and long-term medical costs require the experience of legal professionals who have worked on these types of cases before. Call our Hollywood birth injury lawyers today so we can help assess the severity of an injury and help ensure that you get the compensation you need for you and your child.

Any personal injury lawsuit must prove that a party acted negligently. Negligence occurs when a party breaches a duty of care owed to someone else. Most negligence lawsuits need to prove four elements in order to be successful:

• The defendant owed a duty of care to the plaintiff
• The defendant breached this duty of care
• The defendant was the cause of harm
• The plaintiff was harmed in some way

Medical malpractice cases establish the duty of care owed to a patient by comparing a medical professional’s actions to someone in a similar situation and with similar training. Generally, if a medical professional failed to act similarly to someone else in their field it could be found that they acted negligently.

Negligence is an important element in succeeding in a birth injury lawsuit. A Hollywood birth injury lawyer would need to establish not only the actions that led to an injury, but establish how another medical professional would have handled the situation differently. To help determine when a medical professional was negligent call our birth injury attorneys for a consultation so we can help you get compensation for your injuries.

Following a medical injury in Hollywood, there are three types of damages available to help an injured party recover compensation. These are:

• Economic damages
• Non-economic damages
• Punitive damages

Economic damages are typically easy to estimate since this includes known costs associated with an injury. This might include:

• Lost income
• Lost wages
• Medical bills
• Ambulance costs
• Doctor’s bills

Non-economic damages are typically harder to estimate since these types of damages are difficult to calculate. This might include:

• Pain and suffering
• Emotional distress
• Long-term rehabilitation
• Lifelong care and assistance
• The dollar value associated with:
  • Scaring
  • Amputations

Often to estimate a dollar value for non-economic damages a Hollywood lawyer will look at the known economic costs and multiply that dollar figure by a given number, such as three or five. If the known costs came to $100,000, a request for non-economic damages might be between $300,000 and $500,000. Punitive damages are often levied as a way to punish a defendant when their behavior was reckless, grossly negligent, or in complete disregard for the care of others. They are used in an attempt to prevent the same type of behavior in the future. While rare, punitive damages would be combined with economic and non-economic damages.

The types and amounts of compensation available following a birth injury will vary depending on the severity of the injury and the costs associated with it. Childbirth is unique since both the mother and the child could be potential victims. This might increase the overall costs to recover. Additionally, many childhood injuries can create more severe complications as the child grows older. It is important that any compensation recovered in a lawsuit reflects both the known and unknown costs so a family can be sure that the financial burden is remedied now and into the future. Call Schlacter Law today so we can start the process of getting you and your child the compensation you need.

How We Handle Cases

1. Investigation
   • Your attorney will aggressively investigate your case. Schlacter Law will compile all necessary evidence needed to maximize the value of your case. Which includes but is not limited to photographs, police reports, security camera footage, witness statements, medical bills and medical records.
   • You will remain in constant contact with Schlacter Law about the progression of your case.
2. Negotiation
   • Your attorney will present your case to the insurance company and will attempt to resolve your case before the case goes to court for maximum compensation.
   • Your attorney will make every effort possible to resolve the case as quickly as possible for the most amount of money you may be entitled to. You will be actively involved in the negotiation process with your attorney. Schlacter Law understands that this is your one opportunity to get justice for your loss.
3. Litigation
   • If settlement negotiations are unsuccessful, Schlacter Law will be fully prepared to bring your case to court to fight for the justice you deserve.
   • At no cost to you, Schlacter Law will hire any experts and professionals needed to maximize your recovery and present your case in the strongest form possible.