Having a child is supposed to be a celebratory time for families. Unfortunately, when a birth injury occurs due to the negligent actions of a medical provider, families need to know where to turn. At Walkup, Melodia, Kelly & Schoenberger, we are here to help when you need a Santa Rosa birth injury attorney. These incidents can lead to serious disabilities for a child, including various types of cerebral palsy. Let us work to secure the compensation you and your child need.
Choose Walkup, Melodia, Kelly & Schoenberger for this case?
If your child was injured at birth due to medical provider negligence, turn to the trusted team at Walkup, Melodia, Kelly & Schoenberger for help with your case today.
- We have a thorough understanding of how insurance companies and legal teams operate in medical malpractice cases.
- We have a full-time physician on staff to help us understand your child’s medical issues and to help prove your case in court.
- We are fully prepared to take your case to trial if that is what is necessary to obtain maximum compensation.
We understand that families in these situations may be in a difficult financial position. That is why we take all Santa Rosa birth injury and cerebral palsy cases on a contingency fee basis, meaning we will not collect any legal fees until after we secure the compensation you are entitled to
How do birth injuries occur?
Birth injuries occur due to a wide variety of reasons and are often caused by the negligence of a medical provider. This can include the obstetrician overseeing the delivery, as well as any medical professional responsible for the overall delivery and care of a child and mother. At Walkup, Melodia, Kelly & Schoenberger, we regularly help clients whose children have sustained birth injuries due to:
- Failure to properly monitor the mother and child for signs of distress
- Failure to perform a C-section even after symptoms indicate one is necessary
- Misuse of forceps, vacuum devices, or other delivery tools
- A failure to recognize a breech birth or prolapsed umbilical cord
- Improper care for mother and child immediately before or after delivery
Cerebral palsy is the name given to many types of disorders that can occur due to brain injury that significantly affect a child’s cognitive abilities, muscle control, head control, muscle tone, and more. “Cerebral palsy” refers to damage that occurs to various areas of a child’s brain that affect their functioning. Children with cerebral palsy often need lifelong medical care.
How long do families have to file a claim?
When we turn to the California Code of Civil Procedure sections 340.4 and 340.5, we can see that family members of children who sustain birth injuries will generally be required to file a medical malpractice lawsuit to recover compensation for their losses. In California, a medical malpractice claim must be filed no more than three years from the date the birth injury occurred or one year after the injury is discovered, whichever comes first.
What kind of compensation is available?
After your little one has sustained a birth injury caused by the negligence of the medical provider, you may be entitled to various types of compensation. At Walkup, Melodia, Kelly & Schoenberger, we have extensive experience handling these cases. Amongst our major victories for birth injury victims are a $6 million settlement for birth injury caused by delayed C-section and a $5 million settlement for a birth injury causing cerebral palsy (Ramirez v. Anonymous Health Plan).
Let our team thoroughly investigate every aspect to your case so we can secure coverage for your medical bills, long-term and in-home care as needed, pain and suffering damages, loss of enjoyment of life damages, and more. When you need a Santa Rosa birth injury or cerebral palsy attorney, you can contact us for a free consultation of your case by clicking here or calling (415) 981-7210.
