The Law Offices of Daral B. Mazzarella, APC represents parents and their babies in cases involving birth injuries caused by medical malpractice or defective products in San Diego and throughout Southern California. Daral Mazzarella's vast experience with medical malpractice cases generally and birth injury cases specifically makes him the ideal choice for concerned parents in need of a financial recovery due to harm to their child. For information on general medical malpractice and product defects, please see the injury accidents overview.
Birth Injury Expertise
Claims of birth injuries generally involve complex medical issues and require a detailed analysis of the standard of medical care rendered during a woman's pregnancy, labor, and the delivery of a baby. Daral Mazzarella has over 20 years of experience litigating birth injury cases, which gives him substantial expertise in the standards of care required of doctors, nurses, and other medical professionals throughout the pregnancy and delivery of a child. His experience allows him to quickly grasp the significance of details revealed by a client's medical records and pursue all possible avenues of recovery.
In addition to his own expertise, Mr. Mazzarella has established a large network of experts who can help him identify all injuries and causes and who can persuasively present evidence to a judge, jury, or other fact-finder. He regularly consults with medical experts and treating physicians in the analysis of medical records and birth injuries, and with experts in the fields of employment, education, and mental health to help parents and fact-finders understand any long-lasting effects and related costs of injuries to the child.
California Civil Code section 3333.1 provides that a negligent act or omission made by a health care provider within the scope of their services, which causes an injury or death to the patient (including both mother and baby), may give rise to a claim of medical malpractice. Some common errors which may occur during pregnancy due to a doctor or nurse's negligence include:
- Failure to diagnose or monitor internal diabetes.
- Failure to monitor fetal development, including the size of the fetus.
- Failure to provide appropriate genetic counseling related to the baby's risk of debilitating or fatal diseases.
- Failure to monitor fetal distress during delivery through the use and appropriate interpretation of electronic fetal heart monitors.
- Failure to note meconium leakage.
- Failure to note or respond to acidic blood, which signals lack of oxygen to the fetus.
- Failure to identify and correct an umbilical cord choking the fetus.
- Infliction of mechanical trauma directly upon the fetus or newborn by use of forceps, vacuum extractors, or other medical instruments.
When any type of such fetal distress is evident, steps must be taken immediately to alleviate the stress. If the fetus does not respond to those steps, an emergency cesarean section may be required to prevent negligent injury to the mother or baby.
Common birth injuries which may result from a medical staff's errors during delivery include cerebral palsy, Erb's palsy, and Klumpke's palsy. Cerebral palsy generally occurs when there is a lack of oxygen to the baby's brain, although it may be due to genetic factors or disease. Lack of oxygen during pregnancy or delivery which could have been diagnosed and alleviated, or medication errors or physical trauma resulting in avoidable oxygen deprivation, may all give rise to a medical malpractice claim.
In instances when a fetus is large, the only safe delivery method may be a cesarean section. If a cesarean section was necessary but either delayed or not performed, the doctor may be held liable for his or her negligence. When a vaginal delivery of a large baby is attempted, extreme care must be taken to prevent injury to the nerves running from the baby's spine to its shoulders and arms. If nerves are injured, the baby may suffer Erb's palsy or Klumpke's palsy. In some cases, a doctor may be liable for failing to employ the proper vaginal delivery technique, such as the McRoberts maneuver or simple supra-pubic pressure. Medical staff may also be held responsible for the failure to control maternal diabetes, perform ultrasound studies, monitor the mother's weight gain during pregnancy, or note a previous delivery which was large.
Seek Compassionate Representation
Daral Mazzarella understands that birth injuries can be traumatic for an entire family. By diligently examining all aspects of a case and pursuing each possible method of recovery, Mr. Mazzarella can help alleviate the emotional and financial burdens families may face. If your child has suffered from birth injury as the result of medical negligence, contact the Law Offices of Daral B. Mazzarella, APC immediately for a free consultation.