Birth Injury Lawyer in Shafter, CA
When medical negligence leads to birth injuries, families in Shafter, California need specialized legal support. Birth injuries can have lifelong consequences, affecting not only the child but the entire family. A qualified birth injury lawyer provides the expertise necessary to navigate complex medical malpractice claims and secure the compensation families need to provide proper care for their injured child.
Birth injuries occur when medical professionals fail to provide the appropriate standard of care during pregnancy, labor, or delivery. These injuries can range from mild conditions that resolve with treatment to severe, permanent disabilities requiring lifelong care. In Shafter and throughout Kern County, families affected by birth injuries have legal options to pursue compensation for medical expenses, ongoing care, and other damages.
What Constitutes a Birth Injury Case?Birth injury lawsuits fall under medical malpractice law, requiring demonstration that healthcare providers deviated from the accepted standard of care, directly causing injury to the infant or mother. Common examples include:
- Failure to properly monitor fetal distress
- Improper use of delivery instruments
- Delayed cesarean section
- Medication errors during pregnancy or delivery
- Failure to diagnose or treat maternal infections
Birth injuries can vary widely in severity and long-term impact. Understanding the nature of these injuries helps families recognize when they may have grounds for a birth injury lawsuit.
Physical Birth Injuries- Cerebral Palsy: Often caused by oxygen deprivation during birth, affecting muscle control and coordination
- Erb's Palsy: Nerve damage resulting from excessive force during delivery, causing weakness or paralysis in the arm
- Brachial Plexus Injuries: Damage to the network of nerves controlling the shoulder, arm, and hand
- Fractures: Particularly of the clavicle or skull during difficult deliveries
- Hypoxic-Ischemic Encephalopathy (HIE): Brain damage due to oxygen deprivation
- Spinal Cord Injuries: Potentially causing partial or complete paralysis
- Facial Paralysis: Often resulting from pressure on facial nerves during delivery
- Cognitive Impairments: Mental processing difficulties or intellectual disabilities
- Speech and Language Disorders: Communication challenges requiring therapy
- Learning Disabilities: Academic challenges requiring special education services
- Behavioral Disorders: Including attention deficit disorders or behavioral regulation issues
Residents of Shafter may receive obstetric care at various facilities in the region. While these hospitals generally provide quality care, birth injuries can occur at any medical facility:
- Adventist Health Bakersfield Located approximately 18 miles from Shafter
- Mercy Hospital Southwest Located in Bakersfield, serving the wider Kern County area
- Kern Medical Center A teaching hospital providing comprehensive maternal and infant care
- Bakersfield Memorial Hospital Known for its neonatal intensive care unit
A birth injury lawyer provides critical assistance to families navigating the aftermath of a birth injury.
Case Evaluation and InvestigationExperienced birth injury lawyers conduct thorough investigations to determine if medical negligence occurred. This includes:
- Reviewing medical records from prenatal care through delivery
- Consulting with experts to identify deviations from standard care
- Analyzing fetal monitoring strips and other technical data
- Interviewing witnesses present during labor and delivery
- Establishing the connection between medical errors and resulting injuries
Birth injury cases involve intricate medical and legal considerations. A qualified lawyer helps by:
- Determining all potentially liable parties (doctors, nurses, hospitals)
- Filing necessary legal documentation within statutory deadlines
- Managing complex procedural requirements specific to medical malpractice claims
- Representing families in settlement negotiations or at trial
- Calculating appropriate compensation based on projected lifetime needs
Birth injuries often result in substantial expenses throughout a child's lifetime. A birth injury lawyer works to secure compensation for:
- Past and future medical expenses
- Specialized therapy and rehabilitation costs
- Adaptive equipment and home modifications
- Special education needs
- Lost earning capacity
- Pain and suffering
- Diminished quality of life
Moseley Collins Law brings over 40 years of experience representing families affected by birth injuries. Our compassionate approach recognizes the emotional and financial challenges families face when caring for an injured child.
Our Commitment to Shafter Families- Personalized Attention: Each case receives dedicated focus from experienced lawyers
- Medical Knowledge: In-depth understanding of obstetric and neonatal medicine
- Proven Results: Millions won for birth injury clients
- Client-Centered Approach: Regular communication and involvement in decision-making
- No Upfront Costs: Contingency fee basis means no legal fees unless we win your case
Moseley Collins Law offers free consultations to Shafter families concerned about possible birth injuries. During this consultation, we will:
- Listen to your concerns about what happened during pregnancy, labor, or delivery
- Provide an initial assessment of whether medical negligence may have occurred
- Explain your legal options in clear, understandable terms
- Answer questions about the legal process
- Help point you in the right direction, even if we determine we cannot directly assist with your case
While we cannot provide legal advice until we formally represent you, our team can offer valuable guidance during this difficult time.
Areas We Serve in and Around ShafterMoseley Collins Law proudly serves families throughout Shafter and surrounding communities in Kern County, including:
- Wasco
- Buttonwillow
- McFarland
- Delano
- Bakersfield
- Oildale
- Rosedale
- Greenacres
- Lamont
- Arvin
- Taft
- Maricopa
- McKittrick
- Lost Hills
- Richgrove
Understanding what to expect during a birth injury lawsuit helps families prepare for the legal journey ahead.
Initial Investigation and Case BuildingThe first phase involves gathering evidence and building a strong foundation for your case:
- Collecting and reviewing all relevant medical records
- Consulting with experts who can testify about the standard of care
- Documenting the extent of injuries and long-term prognosis
- Calculating economic and non-economic damages
Once sufficient evidence is gathered, your lawyer will:
- Prepare and file a complaint against the responsible parties
- Serve notice to all defendants named in the lawsuit
- Navigate procedural requirements specific to medical malpractice cases
During discovery, both sides exchange information:
- Written interrogatories asking for specific information
- Depositions of witnesses, medical providers, and experts
- Requests for production of documents
- Medical examinations to assess the child's condition
Many birth injury cases resolve through settlement negotiations:
- Structured discussions between legal representatives
- Mediation with a neutral third party
- Evaluation of settlement offers against the full value of the claim
- Consultation with clients regarding settlement decisions
If a fair settlement cannot be reached, your case may proceed to trial:
- Presentation of evidence and expert testimony
- Cross-examination of defense witnesses
- Closing arguments summarizing the case
- Jury deliberation and verdict
Parents in Shafter should be aware of potential indicators that their child may have suffered a birth injury:
Immediate Signs After Birth- Seizures within 48 hours of birth
- Need for resuscitation or breathing assistance
- Low Apgar scores at five minutes
- Unusual bruising or swelling on the head or face
- Fractured bones
- Limp or weak limb movements
- Missing developmental milestones
- Unusual muscle tone (too tight or too loose)
- Asymmetrical movement of limbs
- Difficulty feeding or swallowing
- Excessive drooling
- Poor head control beyond 3-4 months
- Persistent crying or irritability
Don't face this difficult situation alone. Call Moseley Collins Law at 800-426-5546 to speak with a birth injury lawyer who understands the complex medical and legal issues involved in these cases. We're committed to helping Shafter families secure the resources needed to provide the best possible care for children affected by birth injuries.
Remember, there are time limits for filing birth injury lawsuits in California, so it's important to seek legal advice as soon as possible if you suspect medical negligence contributed to your child's condition.