Birth Injuries

Compassion After Birth Injuries

Welcoming a child should be filled with hope, not worry. If your baby or a loved one experienced a birth injury in California, the aftermath can feel overwhelming. Medical mistakes or negligence during labor and delivery can change the course of your family’s life. At Attain Law, we understand the deep emotional and financial toll these injuries can cause. Knowing your options under California law can help you move forward. If you’re looking for support on related topics, such as medical malpractice or diagnostic errors, our team is here to guide you.

What Counts as a Birth Injury?

A birth injury is any physical harm to a newborn or mother during pregnancy, labor, or delivery. These injuries range from minor bruises to life-changing conditions like cerebral palsy or brain damage. Not all injuries are preventable, but many are caused by medical errors. Common birth injuries include:

• Brachial plexus injuries (nerve damage in the arm)
• Fractures or broken bones
• Brain injuries due to lack of oxygen
• Facial paralysis from forceps or vacuum use
• Cephalohematoma (bleeding under the scalp)
• Cerebral palsy

If you’re unsure whether your child’s condition is due to a birth injury, reviewing common causes of birth injuries may help clarify your situation.

California Laws on Birth Injuries

California law holds doctors, nurses, and hospitals accountable for negligence that leads to birth injuries. Under the state’s medical malpractice rules, you generally have three years from the date of injury—or one year after discovering the injury—to file a claim. This is sometimes called the “statute of limitations.” California also has damage caps for some non-economic losses in medical malpractice cases.

Other key California laws and regulations include:

• The Medical Injury Compensation Reform Act (MICRA), which limits certain damages
• Mandatory reporting of adverse events by hospitals
• Requirements for informed consent

For more details, see our resources on how to pursue a birth injury malpractice claim and steps to take after a medication error injury.

What Are Medical Providers’ Duties?

Doctors, nurses, and hospitals owe a duty of care to both mother and child. This means:

• Monitoring fetal health and vital signs
• Responding quickly to signs of fetal distress
• Using delivery tools (like forceps) safely and only when necessary
• Informing parents of risks and options
• Following hospital procedures to prevent infections or injuries

Failure to meet these standards may be considered negligence under California law. Learn more about provider responsibility in medical malpractice cases.

Taking Action After a Birth Injury

If you suspect a birth injury, here are steps you can take:

• Obtain all medical records and birth documentation
• Seek an independent medical evaluation for your child
• Record symptoms, diagnoses, and costs
• Consult with an attorney experienced in medical malpractice and birth injury cases
• File a claim within the time limits set by California law

It’s normal to feel uncertain—an attorney can help you understand your rights and what evidence you’ll need. If your case involves errors like anesthesia mistakes or surgical errors, these may also be part of a broader malpractice claim.

Know Your Damages

Compensation in California birth injury cases can cover:

• Medical bills (current and future)
• Rehabilitation and therapy
• Special education or care needs
• Loss of future earning potential
• Pain, suffering, and emotional distress (subject to legal caps)

Explore more about compensation for birth injury cases, as well as what’s available in other types of medical malpractice cases.

Frequently Asked Questions About Birth Injuries in California

How long do I have to file a birth injury lawsuit in California? Generally, California law gives you three years from the date of injury or one year after discovering the injury to file a medical malpractice claim involving a birth injury.

What are common causes of birth injuries? Common causes include oxygen deprivation, improper use of forceps or vacuum, delayed C-sections, and failure to monitor fetal distress during labor and delivery.

What compensation is available in birth injury cases? Compensation may include medical expenses, therapy costs, pain and suffering, and future care needs. Some damages are capped under California law.

How do I prove medical negligence caused a birth injury? Proof often requires showing a medical provider failed to follow accepted standards of care and that this failure led directly to the injury. Medical records and expert opinions are key evidence.

Can birth injuries lead to lifelong disabilities? Some birth injuries, such as cerebral palsy or brain damage, can result in permanent disabilities. Early intervention and ongoing care may improve outcomes.

Here When You Need Us

You don’t have to face the aftermath of a birth injury alone. Attain Law is ready to answer your questions and guide you through your options. To get started, contact us today for a free consultation or call (888) 970-8627. We’re here to support you and your family every step of the way.