California Birth Injury Lawyer

Dr. Bruce G. Fagel offers something that only a very few attorneys in the U.S. can provide. He is a licensed medical doctor and an experienced medical malpractice and negligence attorney and has settled more medical malpractice lawsuits than any other attorney in the entire state of California. If your child suffered from a serious birth injury in California, Dr. Bruce Fagel can offer you the knowledgeable and aggressive legal counsel you need.

Dr. Fagel practiced emergency medicine for 10 years before becoming an attorney, and he still maintains his medical license. Our firm settles approximately 95% of our cases pre-trial due to our reputation and record. Birth injuries claims are complex because they are highly technical and deal with complex legal and medical issues. Dr. Fagel understands the medical issues relevant to birth injury claims in California and has the resources to utilize expert medical witnesses to the fullest extent in trial and negotiations. His success is recognized by the various accolades he has received through the years, including being the only medical malpractice attorney when The National Law Journal selected ” The 10 Top Trial Attorneys in the Nation” and receiving eight nominations for the prestigious Trial Lawyer of the Year award from the Consumer Attorneys Association. He has received national recognition for two of the top 100 jury verdicts in 2002 and one of the top jury verdicts in 2005, in the U.S.

The firm has recovered more than $1 billion in verdicts and settlements for our clients in our years of practice.

If you are interested in finding out more about the comprehensive legal representation Dr. Bruce Fagel and his team can provide to you in your birth injury claim, call our offices at (800) 541-9376 for a free consultation. Because we also work on a contingency fee basis, you pay no legal fees until we win your case.

Brain Injury and Medical Malpractice – How we can help you?

California medical malpractice lawyer Dr. Bruce G. Fagel is able to give his clients an increased advantage in each brain injury case he pursues. His reputation as an aggressive and dedicated medical malpractice attorney, along with his 10 years of experience in the medical field as a licensed medical doctor, has given Dr. Fagel an edge in negotiations and in courtroom proceedings involving brain injuries and other serious birth injuries.

Brain injuries may occur as the result of either an accident or medical malpractice. Brain injuries associated with childbirth and delivery may occur due to a lack of blood flow or oxygen to the brain. Cerebral palsy and developmental delays may all be caused due to brain injury during childbirth.

Brain Injury and Medical Malpractice
Any serious brain injury may lead to a life-changing condition that could require immediate medical attention as well as a lifetime of medical care and assistance. By working with an experienced California birth injury lawyer such as Dr. Bruce Fagel, a family dealing with devastating brain injuries to their child can take legal action against the responsible doctor, obstetrician, nurse or hospital.

Negligent conduct by a medical professional or medical facility can have devastating effects. Brain injuries are just one of the many serious injuries associated with delivery mistakes and medical malpractice during childbirth.

Brain Injury Attorney
There is no cure for cerebral palsy and for many of the brain injuries that may be sustained during childbirth. But there is hope. California brain injury attorney Dr. Fagel can help you seek and recover maximum financial compensation through a medical malpractice lawsuit so that your child will receive the necessary medical treatment and care for life, to help your child live a more normal life. Dr. Fagel is known throughout the state for his success in brain injury cases, and he offers a free case evaluation to discuss your particular claim.

Birth Paralysis

Paralysis refers to the loss of sensation or movement in a body part, usually due to spinal cord or nerve damage. When paralysis occurs during an infant’s birth, the injury may have been caused by medical malpractice and should be investigated by an experienced birth injury attorney.

When a medical professional is found to be at fault for birth paralysis, there are normally two common underlying causes. The first cause is the failure by a doctor to take immediate action during a breech (feet first) or difficult delivery. A delay in performing a cesarean section (C-section) or other emergency delivery action could result in loss of blood flow to the infant’s brain, causing cerebral palsy and paralysis. The second common cause of birth paralysis is an inappropriate delivery technique that causes nerve damage in the arms, legs or spinal cord. This usually occurs in a case of shoulder dystocia or a situation where the infant is forcefully removed from the birth canal.

Types of Paralysis Caused by Medical Malpractice
Depending on the extent of an infant’s birth injury, paralysis could occur in any part of the body and may vary from mild to complete paralysis. Some of the most common forms of paralysis include:

Quadriplegia – Both legs and arms are immobile
Paraplegia – No feeling in legs or control of any leg movement
Diplegia – Paralysis of symmetrical parts of the body
Erb’s Palsy – Paralysis of only the shoulder and upper arm
Klumpke’s Palsy – Paralysis that affects only the lower arm, wrist, and hand
Contact a Birth Paralysis Attorney
Parents who have a child with paralysis or other forms of birth injuries will find that their infant will require a lifetime of medical care and physical therapy. Also, parent’s of an infant afflicted with some form of paralysis are normally overcome with fears concerning the quality of life for their child. However, at this difficult time, it’s important for parents to carefully review what happened during the prenatal care period, and in the delivery room, so they can determine if a medical professional played any role in causing the paralysis.

Fortunately, at the Law Offices of Dr. Bruce G. Fagel & Associates, our birth injury lawyers have extensive experience helping families make such determinations by carefully reviewing all of the pertinent medical records. If there is evidence that a doctor may have caused the infant’s paralyzed condition, the family will be briefed regarding their legal remedies. Long-term medical care for an infant with paralysis can be very expensive. If a medical professional caused the paralysis, their medical malpractice insurance must cover the infant’s future medical needs.

Dr. Bruce Fagel is not only a highly successful birth injury attorney, he is a licensed physician as well. If negligence is proven, he is committed to ensuring that all responsible parties are held accountable for their actions. Dr. Fagel is not afraid to stand up to large hospitals or insurance companies and will not settle for anything less than the full compensation you and your child are entitled to.

If your infant has sustained any type of birth paralysis, and you believe medical malpractice may be the cause, you may qualify to seek financial compensation from the medical parties responsible for the injury.

California Brachial Plexus Injury Attorney

The brachial plexus is a number of nerves running from the spine and proceeding through the neck and armpit region into the arm. The brachial plexus supplies the arm with nerve impulses. If a baby’s head and neck are twisted during natural childbirth, these nerves may be stretched or damaged, resulting in lasting injury, such as partial or complete paralysis of the arm on the affected side of the body. This condition is referred to as Erb’s palsy.

Brachial plexus injury may occur due to medical malpractice on the part of a medical professional involved in the childbirth process. California birth injury lawyer Dr. Bruce G. Fagel is experienced in handling birth injury cases and claims involving brachial plexus injury and can help you seek and recover the monetary compensation that you deserve following this serious injury.

An obstetrician may improperly monitor a pregnancy and, therefore, may misdiagnose a due date or the size of the baby, resulting in a baby being too large to fit through the birth canal. If this is not recognized immediately, the trauma associated with passing through the birth canal can cause brachial plexus injury. There are several measures that a doctor may take in order to prevent this injury, including rotating the baby or performing a cesarean section. Excessive force or the failure to recognize a large baby or breech birth can cause a lifetime of problems for a child.

Erb’s Palsy Attorney in California
If your child has sustained brachial plexus injury or has been diagnosed with Erb’s palsy, medical malpractice could be to blame. Contact California birth injury lawyer Dr. Bruce Fagel as soon as possible to find out more information regarding this serious injury and what you can do to hold the responsible party liable for their actions through a medical malpractice lawsuit. Brachial plexus injury may result in facial paralysis, paralysis of one arm, loss of muscle control in the arm or hand and a number of other serious issues.

Brain Cooling

During gestation, an unborn child’s brain is vulnerable to a wide range of threats, including placental or umbilical problems, severe illness with the mother, or a difficult delivery. When a newborn is asphyxiated before or during birth, the ensuing lack of oxygen to the brain can result in a condition termed hypoxic-ischemic encephalopathy, or HIE.

The HIE condition evolves over several hours. The initial oxygen and/or lack of blood supply to the brain kicks off a series of other events as the body tries to repair itself. This natural approach is effective when HIE is mild. But in moderate or severe cases, the body’s desperate attempts to repair itself could cause more brain damage.

This damage does not occur immediately. It is the result of a cascade of chemical reactions, and there is a window of several hours before it becomes permanent. Therefore, researchers theorized that maybe it was possible to block the chemical chain reaction and minimize permanent damage. Up until the past couple of decades no intervention seemed to make much difference.

However, now a new and simple technique is giving brain-damaged babies a chance at a normal, healthy life. Recent research suggests that babies who are starved of oxygen at birth have a much lower risk of brain damage if they are given mild hypothermia, a cooling of the body temperature. This is achieved in one of two ways: through a special water-cooled cap or a fluid-filled blanket. Both methods are designed to reduce brain temperature. It has been found that reducing the temperature by 3-4○C for 72 hours after birth seems to switch off many of the damaging reactions. It is believed that cooling slows down chemical reactions, and gives the repair mechanisms inside cells a chance to work.

Brain hypothermia, induced by cooling a baby to around 33○C for three days after birth, has recently been proven to be the only medical intervention that reduces brain damage and improves an infant’s chance of normal survival after birth asphyxia. Brain cooling has become widely used in neonatal units throughout the United States.

Timing is critical. Brain cooling must be initiated within six hours of delivery. After the baby is born, doctors make some quick decisions to determine if he or she is a candidate for brain cooling. The newborn must have sustained moderate brain damage, be full-term or late pre-term (beyond 36 weeks), and be younger than six hours old. International studies report about a 27% decline in deaths and disabilities with brain cooling.

If your child has a brain injury or cerebral palsy, he or she possibly could have been offered brain cooling as a treatment.

C-Section Injuries

When doctors or other medical professionals have reason to believe that a fetus during labor or delivery may be harmed by allowing a vaginal birth to proceed, a cesarean section must be considered as an option. C-section birth is often the safest way to make a healthy delivery in the face of childbirth complications. It is critical that a doctor knows when this must occur, because there are many variables to consider if a cesarean section delivery should be performed. If an obstetrician fails to perform a c-section procedure in a timely manner, complications, severe injury or death could occur.

A Cesarean section, commonly known as a “C-section,” is a surgical procedure where incisions are made through a mother’s abdomen and uterus to deliver a baby. It is normally performed when a vaginal delivery would put the baby’s or mother’s life, or health at risk. A C-section procedure may be necessary when:

The fetus has developed abnormally
There is an abnormal heart rate in the fetus
Problems exist with the placenta or umbilical cord
The baby is too large for a vaginal delivery
Mother has genital herpes or HIV
Failed forceps delivery
Breech position
Multiple births
Fetal distress
Uterine rupture
C-Section Risk Factors
A Cesarean section procedure is sometimes necessary during the birthing process. However, it carries more risk than a normal vaginal delivery. C-section complications are relatively common in the United States. There are many situations that could arise during delivery that complicate the process. Some possible risks to the mother of a C-section procedure include:

Infection of the incision or the uterus
Blood clots in the mother’s legs
Heart or lung problems
Damage to the uterus, fallopian tubes, ovaries, or bladder
Reactions to medication or anesthesia
Heavy bleeding during or after surgery
Damage to the intestines
There are also numerous injuries to the baby that can result from C-sections including infections, lacerations, fractures to the skull and bones, nerve damage, brain injury or even death.

Contact a C-Section Birth Injury Attorney
Medical professionals must always be prepared to act responsibly should a delivery complication arise that requires a C-section delivery. Fortunately, mothers and infants are legally protected with the right to professional medical care, including protection from c-section error. If the standard of care is violated by a obstetrician or other medical staff member, any injuries or damages suffered by the mother or infant can lead to a medical malpractice lawsuit to seek financial compensation.

At the Law Offices of Dr. Bruce G. Fagel & Associates, we have been successfully representing victims of cesarean section and other birth injuries for decades. Dr. Fagel is uniquely qualified to handle your birth injury case because he practiced emergency medicine for 10 years before becoming a medical malpractice lawyer. In fact, he still maintains his medical license in California. He is nationally recognized for his success in obtaining two of the top 100 jury verdicts in 2002 and one of the top 100 jury verdicts in the United States in 2005.

Because of Dr. Fagel’s strong reputation and successful trial record as a medical malpractice attorney, approximately 95% of the claims filed by his office are settled prior to a trial date. With his team of highly experienced birth injury lawyers who share his dedication to aggressively defending victims of medical malpractice or negligence, our firm has obtained more than $1 billion in jury verdicts and settlements.

California Cerebral Palsy Attorney

Cerebral palsy is a serious birth injury that results from injury to the brain during childbirth or delivery due to a lack of oxygen or blood flow to the brain. Cerebral palsy refers to a number of neurological disorders that may range in severity from difficulty controlling delicate motor functions to the inability to walk or balance at all, developmental delays or seizures. At this time, there is no cure for cerebral palsy. It can be treated and symptoms maintained, leading to a child living a more normal life in some cases. However, it is more than likely that a child with cerebral palsy will require extensive medical attention and treatment for life.

When an obstetrician, doctor, nurse or other medical professional is negligent in the care of mother and before, during or after childbirth, this may lead to serious birth injury. If your child is suffering from cerebral palsy and you believe that this is due to medical malpractice, contact California birth injury lawyer Dr. Bruce G. Fagel as soon as possible. Your initial consultation is free, and should you decide to work with Dr. Fagel he will front all legal costs associated with taking on your case and filing a medical malpractice lawsuit. You do not have to pay anything unless Dr. Fagel is successful in recovering a judgment or settlement on your behalf.

Cerebral Palsy Lawyer Serving California Medical Malpractice Victims
You need an aggressive, knowledgeable and experienced California cerebral palsy lawyer at your side if you are to have any chance of recovering the monetary compensation that you need and deserve. With his background in the medical field and extensive experience as a medical malpractice lawyer, Dr. Bruce Fagel is more than qualified to effectively handle your case.

California Developmental Delays Lawyer

If your child is having significant trouble learning to walk, crawl or talk, this may be characterized as a developmental delay. In some cases, developmental delays may simply occur because a child is slower than others, but they may also be signs of a serious medical condition. Birth injuries, particularly brain injuries, may cause developmental delays. These may also be caused due to a genetic disorder or a maternal problem such as alcohol abuse, diabetes or an infection during pregnancy or childbirth.

Medical malpractice may lead to developmental delays. It is important for an experienced California birth injuries attorney to thoroughly inspect all medical records from before, during and after childbirth in order to determine whether medical malpractice is to blame for your child’s developmental issues. If it is discovered that the doctor, obstetrician or nurse was responsible for providing a substandard level of care, you may be able to recover financial compensation through a medical malpractice lawsuit for medical expenses, future medical care, pain and suffering, and more.

California Birth Injury Attorney Dr. Bruce Fagel
Dr. Bruce Fagel has 10 years of experience in emergency medicine and maintains his medical license in California. This, combined with his decades of legal experience and his success as a medical malpractice lawyer, has enabled Dr. Fagel to achieve positive results in the birth injury cases he pursues. Dr. Fagel has a great deal of experience in helping infants who have sustained serious birth injuries, including cerebral palsy, mental retardation, microcephaly and premature delivery.

Witnessing developmental delays in your child can be frightening and you may wonder what you can do to ensure that your child receives the medical care he or she needs. If you suspect that malpractice led to your child’s problems, you may wonder whether you can take legal action against the responsible party. Fortunately, an experienced medical malpractice lawyer can provide you with the answers and the representation you need.

California Erb’s Palsy Attorney

Erb’s palsy is a condition caused from brachial plexus injury, often resulting in partial or total paralysis of the face, arm or hand. The brachial plexus is a group of nerves extending through the neck, armpit region and arm. The most common cause for Erb’s palsy is dystocia, an abnormal or very difficult childbirth. If the infant’s head and shoulders are twisted, undue stress can be placed on the brachial plexus, stretching or damaging these nerves and therefore causing paralysis. In some cases, these nerves may repair themselves, but in many cases they require extensive physical therapy or even surgery.

California birth injury attorney Dr. Bruce G. Fagel is experienced in representing clients whose children have been diagnosed with Erbs’ palsy due to brachial plexus injury during childbirth. Medical malpractice may be to blame in some of these cases, and it is important that you are able to take legal action to hold the responsible party liable for their negligent conduct through a medical malpractice lawsuit. With a California medical license, 10 years of hands-on experience in emergency medicine, and nearly 30 years experience as a medical malpractice attorney, Dr. Fagel has a unique understanding of medical malpractice law. If you are looking to work with a medical malpractice lawyer who has the experience, resources and dedication to handle your claim through to the end, you have come to the right place.

At The Law Offices of Dr. Bruce G. Fagel & Associates we offer a free consultation to discuss your claim and your child’s injuries.

For further information regarding Erb’s palsy, click here to view a video featuring Dr. Bruce Fagel.

California Medical Malpractice Attorney Handling Erb’s Palsy Lawsuits
Medical malpractice may lead to brachial plexus injury and therefore Erb’s palsy in some cases, including:

A failure to recognize an infant that is too large to pass through the birth canal
Failure to turn an infant and position him or her properly for vaginal delivery
An improperly estimated due date, potentially not being prepared for an infant that is very large
Failure to perform a cesarean section when necessary
Negligence in maneuvering an impacted shoulder during childbirth
California medical malpractice attorney Dr. Bruce Fagel can review medical records in order to determine what negligence may have led to your child’s condition. It costs nothing to work with our firm unless we are successful in recovering financial compensation on your behalf.

High-Risk Pregnancies

If doctors or other medical professionals are not proactive in screening and managing a high-risk pregnancy, they can be held legally accountable if the mother or baby sustain a birth injury or wrongful death. If a doctor fails to properly diagnose the signs of a high-risk pregnancy, the results can be catastrophic. Examples of medical conditions that add risk to a woman’s pregnancy include high blood pressure, preeclampsia and the baby’s size while in the womb. It is the doctor’s responsibility to look for high risk signs and decide whether they put the mother or infant at risk.

Certain women are at greater risk for medical conditions that can harm their developing fetuses or endanger their own lives. At the Law Offices of Dr. Bruce G. Fagel & Associates, we represent families who have been harmed, suffered harm due to negligent managment of a high-risk pregnancy, labor or delivery. Our birth injury law firm has successfully handled cases involving mismanagement of high-risk pregnancies, including claims involving:

Advanced Maternal Age

Women age 35 or older have an increased risk of birth injuries and birth defects including Down syndrome, miscarriage, gestional diabetes, high blood pressure, placental problems and premature birth. Advanced maternal age is directly related to an increased risk of Down syndrome. Certain medical testing can detect the presence of chromosomal defects that cause Down syndrome and other birth defects. Parents must be offered the opportunity to find out whether their infant has these defects. These tests are voluntary, however, offering the opportunity to be tested is not. Doctors who fail to offer the parents these medical tests can be held legally responsible.

Premature Birth

Premature babies are more susceptible to developmental problems, delivery trauma and neonatal death. A doctor must make every effort to prolong gestation while monitoring for distress that may require emergency birth delivery. Doctors can often prevent premature labor and premature birth. Our birth injury lawyers represent families in premature birth injuries, including claims that involve a failure to:

Diagnose problems during ultrasound tests
Diagnose and treat preeclampsia or infections
Diagnose and treat incompetent cervix
Recognize and treat premature rupture of membranes
Recognize preterm labor & administer anti-contraction medications (tocolytics)
Perform an emergency cesarean delivery (C-section)
Administer corticosteroids to the fetus when premature birth is imminent
Monitor the infant for dehydration, low glucose, and seizures
Multiple Births

A multiple pregnancy increases the risks involved in any pregnancy and birth, whether the mother is pregnant with twins, triplets, quadruplets or more. Early screening and regular prenatal visits to the doctor are critical to monitoring the health of the infants. Medical negligence may involve failure to perform routine tests, such as ultrasounds and fetal non-stress tests. Other negligent errors could include the failure to recognize fetal distress or symptoms in the mother, inappropriate medical response to complications, and failure to plan for a C-section when necessary. Our birth injury attorneys are experienced at conducting a full independent investigation in order to prove liability on the part of doctors, nurses, and hospitals.

Large Fetus

Large infants present more challenges during pregnancy, labor and delivery than average sized ones. Infants with excessive birth weight, known as macrosomia, are at a greater risk for a birth injury to the mother and child. Ultrasound images taken at different stages of pregnancy estimate the size of the fetus. Medical malpractice can occur if a doctor or other medical profesional fails to properly interpret ultrasound tests or fails to properly estimate the weight of the fetus. When doctors are attempting to estimate fetal weight, they must also consider the mother’s height and weight, obstetrical history, size of the pelvis, and the presence of gestational diabetes. If the fetus is too large for delivery through the mother’s pelvis, the infant may need to be delivered by Cesarean section. A failure to perform a C-section delivery in a timely manner can cause a serious birth injury or even death to the mother or child.

Vaginal Birth After Cesarean

Women who have had a previous C-section birth can attempt a vaginal birth after Cesarean (VBAC). However, VBACs can be risky because the uterus already has been scarred from the previous Cesarean delivery. Stress from the labor could cause the uterus to tear along the scar of the C-section, known as a uterine rupture. This places the mother and child at risk of a serious birth injury. When a mother decides to attempt a VBAC, doctors and other medical professionals must recognize that there is a lower threshold for intervention for a VBAC patient than for someone who has never had a C-section birth delivery. They must pay close attention to the fetal monitoring strips for indications of fetal distress and be ready to order a C-section delivery.

Premature Rupture of Membranes

When a woman’s water breaks, it means that the amniotic sac surrounding the baby has broken or torn. This is known as the rupture of membranes. Normally the membranes rupture just before the start of labor. The premature rupture of membranes (PROM), is when the mother is past 37 weeks of gestation and labor has not yet begun. If the membranes rupture before 37 weeks of gestation, it is known as a pre-term, premature rupture of membranes (pProm). If a doctor or other medical professional fails to establish whether Prom or pProm occurred, and fails to respond properly to the premature rupture of membranes, then the infant can be at risk of serious birth injuries. The vagina can contain bacteria that has direct access to the fetus. The umbilical cord can prolapse and the membranes can become inflamed. PProm can cause pre-term labor which exposes the infant to risks of premature birth, which includes respiratory distress or brain damage from a lack of oxygen due to ill formed lungs.

Contact a High-Risk Pregnancy Attorney
Just because you fell into a high-risk pregnancy category does not excuse medical malpractice. The skilled and experienced birth injury lawyers at the Law Offices of Dr. Bruce G. Fagel & Associates can determine whether malpractice occurred during your pregnancy, labor and delivery. If the facts support your claim of a birth injury, we can assist you in pursuing financial compensation through a medical malpractice lawsuit.

Dr. Bruce Fagel practiced emergency medicine for 10 years before becoming an attorney. In fact, he still maintains his medical license. Due to his decades of experience as a medical malpractice attorney, he knows how to identify and expose medical malpractice. Dr. Fagel and his talented staff have handled more than 700 medical malpractice and negligence cases and have obtained more than $1 billion in settlements and jury verdicts.