How to Pursue a Birth Injury Malpractice Claim

Understanding Birth Injury Claims

Welcoming a new child should be a time of hope and excitement. When a birth injury happens because of a medical mistake, the impact can be overwhelming. In California, you have options and rights if your child suffers harm during labor or delivery due to negligence. Understanding the steps to pursue a birth injury malpractice claim can help your family move forward.

If you’re unsure whether a medical mistake caused your child’s injury, resources on common causes of birth injuries or types of diagnostic errors may help you spot the warning signs and know what to ask next.

Defining Birth Injuries

A birth injury is any physical harm a baby sustains before, during, or just after birth. Some injuries are unavoidable, but others occur because a doctor, nurse, or hospital failed to meet accepted standards of care. Examples include:

• Nerve damage such as Erb’s palsy
• Brain injuries caused by lack of oxygen
• Broken bones during delivery
• Untreated infections
• Delays in ordering a necessary C-section

For more insight on what counts as medical malpractice, visit the medical malpractice practice area, or read about surgical errors that can occur during delivery.

California Laws on Medical Malpractice

California law offers strong protections for families affected by birth injuries. To succeed in a malpractice claim, you must show:

• The medical provider owed you a duty of care
• That duty was breached (the provider was negligent)
• The negligence directly caused your child’s injury
• The injury led to damages (medical costs, pain, etc.)

Key facts to know:

• California’s Medical Injury Compensation Reform Act (MICRA) limits non-economic damages (like pain and suffering), but not economic damages (such as medical bills).
• You generally have three years from the date of injury, or one year after discovering the injury, to file a claim—whichever comes first.
• Claims against public hospitals may have shorter notice requirements.

To learn more about these deadlines, see how to prove negligence in a malpractice case.

Who Is Responsible?

Liability for a birth injury can extend to many parties, including:

• Doctors (OB-GYNs, pediatricians, anesthesiologists)
• Nurses or nurse-midwives
• Hospitals, clinics, or birthing centers

Sometimes, faulty equipment or medication errors are to blame. Explore medication errors or defective medical devices to find out more.

Collecting Evidence

Building a strong case requires gathering solid evidence, including:

• Medical records of mother and child
• Witness statements from delivery staff
• Expert opinions from independent physicians
• Photos or medical images of injuries
• Hospital incident reports

Your attorney may also consult evidence from diagnostic errors if delayed or incorrect diagnoses played a role.

The Role of Expert Testimony

California law requires expert medical testimony in nearly all birth injury malpractice cases. These experts review the facts and explain what a competent provider should have done. Their analysis is crucial for convincing judges, juries, or insurance companies that malpractice occurred.

Filing the Claim

The step-by-step process often looks like this:

• Consult with a California birth injury attorney
• Gather initial records and facts
• Obtain expert medical reviews
• File a formal claim or lawsuit
• Negotiate with insurers or opposing lawyers
• Prepare for trial, if necessary

Read about steps to take after a medication error injury for guidance on responding to medical harm.

Damages You Can Recover

If your child’s injury was caused by negligence, you may be able to recover:

• Past and future medical expenses
• Costs of specialized care, therapy, or equipment
• Loss of future earning capacity for your child
• Pain, suffering, and emotional distress (subject to MICRA caps)
• Parents’ lost income due to caregiving

For a deeper dive, see understanding compensation for birth injury cases.

Common Defenses in Malpractice Cases

Hospitals and insurers often claim:

• The injury was unavoidable and not due to negligence
• The injury resulted from a pre-existing condition
• The provider followed accepted medical practices

Be prepared: these defenses can lengthen the process, but thorough documentation and expert analysis help counter them.

How Long Does a Case Take?

Birth injury malpractice claims can take months or even years to resolve. Factors that affect the timeline include:

• Complexity of the medical facts
• Cooperation of the hospital or provider
• Availability of expert witnesses
• Willingness to negotiate

For more on timelines and what to expect, see steps to take after a car accident to protect your claim; though the context is different, claim processes share similarities.

What to Do Immediately After a Birth Injury

If you believe a birth injury has occurred:

• Seek immediate medical attention for your child
• Request a full copy of hospital and birth records
• Write down everything you remember about the delivery
• Take photos of physical injuries, if safe to do so
• Contact a qualified California birth injury attorney promptly

Choosing the Right Attorney

Look for a law firm with experience in California medical malpractice and birth injury cases. Knowledge of state laws, local hospitals, and medical experts is essential. Attain Law’s attorneys are familiar with medical malpractice, birth injuries, and other related claims such as surgical errors.

Resources and Support

Coping with a birth injury can be isolating, but you’re not alone. California families may find support through:

• Early intervention programs for children with disabilities
• Parent advocacy groups
• Medical specialists for ongoing care
• Legal resources for understanding your rights

Take the Next Step

If your family is facing the aftermath of a birth injury, Attain Law is here to guide you every step of the way. To discuss your concerns in a compassionate, confidential setting, call (888) 970-8627 or contact us today for a free consultation. We’re here to support you.

Frequently Asked Questions About Pursuing Birth Injury Malpractice Claims

How long do I have to file a birth injury malpractice claim in California? In most cases, you have three years from the date of injury or one year from when you discovered the injury to file a malpractice claim in California. Claims against public hospitals may have shorter deadlines. Consult a California attorney for details.

What evidence is needed for a birth injury malpractice claim? Evidence includes medical records, expert reviews, witness statements, photographs, and hospital reports. Expert medical testimony is usually required in California birth injury claims.

Who can be held responsible for a birth injury in California? Doctors, nurses, hospitals, and sometimes medical device makers or pharmaceutical companies may be liable if their negligence caused a birth injury.

What damages can I recover in a California birth injury malpractice case? Recoverable damages may include past and future medical expenses, specialized care costs, loss of earnings, and pain and suffering (subject to state law limits).

Do I need a lawyer for a birth injury claim in California? While not required, a California attorney experienced in birth injury and medical malpractice law can help you gather evidence, secure experts, and navigate complex legal requirements.