When a newborn suffers an injury during labor or delivery due to medical negligence, the consequences can affect your family for a lifetime. At Dordick Law Corporation, our birth injury lawyers help families obtain the compensation they deserve when medical professionals fail to meet the standard of care. We serve families throughout Beverly Hills and Southern California.

If your child suffered a birth injury that you believe resulted from medical negligence and malpractice, contact us today at (310) 736-2866 for a free consultation. Our Beverly Hills personal injury lawyers handle birth injury cases on a contingency basis, meaning you pay no fees unless we successfully resolve your case.

What Constitutes a Preventable Birth Injury

A preventable birth injury occurs when a healthcare provider’s failure to follow the standard of care during pregnancy, labor, or delivery results in harm to the newborn. Unlike birth defects, which develop during fetal development, preventable birth injuries stem directly from medical negligence or errors during the birthing process.

Medical professionals attending to labor and delivery have a legal duty to monitor both mother and baby closely. They must respond appropriately to complications and use proper techniques during delivery. When they breach this duty, whether through delayed intervention, improper use of delivery instruments, failure to recognize fetal distress, or other negligent acts, preventable injuries can occur.

Types of Birth Injuries

Common types of preventable birth injuries include:

• Erb’s palsy (brachial plexus injuries affecting arm movement and strength)
• Cerebral palsy resulting from oxygen deprivation or trauma during delivery
• Brachial plexus injuries from excessive pulling or improper handling
• Hypoxic-ischemic encephalopathy (HIE), or fetal hypoxia, caused by a lack of oxygen to the brain
• Fractures of the clavicle, humerus, or femur from improper delivery techniques
• Facial nerve injuries from forceps or vacuum extraction complications

The key distinction between a preventable birth injury and an unavoidable complication lies in whether the healthcare provider’s actions fell below the accepted standard of care in obstetrics. Our attorneys work with medical experts to determine whether negligence caused your child’s injury.

How Birth Injuries Impact Families in Beverly Hills

The impact and consequences of a preventable birth injury extend far beyond the delivery room. Families face immediate medical crises, followed by years of ongoing treatment, therapy, and specialized care. A child with a significant birth injury may require rehabilitation, physical therapy, occupational therapy, speech therapy, and specialized medical equipment throughout their life.

The financial burden can be substantial. Medical expenses for birth injury victims often include emergency interventions, extended hospital stays, surgeries, medications, and long-term rehabilitation services. Many children require adaptive equipment, home modifications, and specialized education services. Parents frequently reduce work capacity as they manage their child’s medical needs and therapy appointments.

Beyond the financial costs, families experience significant emotional challenges. Parents may struggle with guilt and stress while caring for a child with significant medical needs. Siblings may feel the impact of diverted parental attention and family resources. The uncertainty about your child’s long-term prognosis creates ongoing anxiety.

When a birth injury results from medical negligence, families should not bear these burdens alone. You have the right to pursue compensation from the healthcare providers and institutions responsible for your child’s injury. An experienced birth injury lawyer can help you handle the complex legal process while you focus on your child’s care and recovery.

Proving Liability in Birth Injury Cases

To successfully pursue a birth injury claim in California, your attorney must establish four essential elements of medical malpractice:

• Duty of Care: The healthcare provider owed a duty to provide competent medical care during labor and delivery according to the accepted standard of care in obstetrics
• Breach of Duty: The provider failed to meet this standard through negligent actions or omissions
• Causation: The provider’s breach directly caused your child’s birth injury
• Damages: Your child and family suffered measurable harm—medical expenses, pain and suffering, lost earning capacity, and other quantifiable losses

Proving each element requires thorough investigation and expert testimony. Medical records must be carefully reviewed to identify where care fell below accepted standards. Our attorneys collaborate with qualified medical experts, including obstetricians, pediatricians, and other specialists, who can testify about the standard of care and how the defendant’s actions deviated from it.

California law provides a three-year statute of limitations for birth injury claims. This means a minor has three years from the date of injury OR prior to the minor’s eighth birthday to file a lawsuit. However, acting promptly is important because evidence can be lost, memories fade, and medical records may become difficult to obtain as time passes. If your child was injured at birth, contact our office as soon as possible to protect your rights.

Types of Compensation Available for Birth Injury Victims

Families who successfully prove medical malpractice in a birth injury case can recover several categories of compensation:

• Economic Damages represent the measurable financial losses your family has incurred and will incur in the future. These include all past and future medical expenses related to the birth injury, ongoing therapy and rehabilitation costs, specialized equipment and home modifications, medications and medical supplies, and lost wages if a parent reduced work to care for the child.
• Non-economic Damages compensate for the intangible harm your family has suffered. These include your child’s pain and suffering, emotional distress and trauma, loss of enjoyment of life, and permanent disability or disfigurement. Parents may also recover compensation for their own emotional distress and the impact on family relationships.
• Punitive Damages may be available in cases involving gross negligence or reckless conduct. These damages are designed to punish the defendant and deter similar conduct in the future, rather than simply compensating the victim.

An experienced birth injury attorney evaluates all available compensation to ensure your family receives full recovery for both current and future needs. We work with life care planners and economic experts to calculate the true lifetime cost of your child’s care and injuries.

Our Approach to Birth Injury Claims

At Dordick Law Corporation, we bring dedication to every birth injury case we handle. We understand that you need legal representation that addresses the medical complexities of your case. Our approach includes:

• Thorough investigation of medical records and the circumstances surrounding the birth
• Consultation with qualified medical experts to establish the standard of care and identify negligence
• Personalized representation that prioritizes your family’s needs and concerns
• Clear communication about your case status, legal options, and realistic outcomes
• Aggressive advocacy to maximize your compensation while minimizing stress on your family
• We handle birth injury cases on a contingency fee basis, meaning you pay nothing upfront and no fees unless we successfully resolve your case. This allows families to pursue justice without adding financial pressure during an already difficult time.

Your free consultation with our team carries no obligation and provides an opportunity to discuss your case confidentially.

Frequently Asked Questions About Birth Injuries

What is the statute of limitations for filing a birth injury claim in California?

California law provides a three-year statute of limitations for birth injury claims, measured from the date of the child’s birth. This means that you have three years since the date of the injury or the minor’s eighth birthday to file a lawsuit. However, we recommend contacting an attorney as soon as possible after discovering a birth injury, as evidence preservation and early investigation are crucial to building a strong case.

How long does a birth injury case typically take to resolve?

The timeline varies depending on case complexity, the severity of injuries, and whether the case settles or proceeds to trial. Some cases resolve within one to two years through settlement negotiations, while others may take three to five years or longer if litigation becomes necessary. Our attorneys will provide a realistic timeline based on your specific circumstances.

What should I do if I suspect my child suffered a birth injury?

First, seek immediate medical attention if your child shows signs of injury. Document all medical treatment, keep copies of medical records, and note any symptoms or developmental delays. Contact a birth injury attorney promptly to discuss your situation. Do not sign any settlement agreements or speak with insurance companies without legal representation.

Can I still file a claim if the injury wasn’t immediately apparent?

Yes. Some birth injuries, such as certain types of cerebral palsy or brachial plexus injuries, may not become fully apparent until weeks or months after birth as developmental delays or movement limitations become evident. The statute of limitations begins at birth, so you have three years to file, even if the injury wasn’t immediately diagnosed.

What is the difference between a birth injury and a birth defect?

A birth defect develops during fetal development and is not caused by the birthing process or medical negligence. A birth injury results from trauma, oxygen deprivation, or medical negligence during labor, delivery, or immediately after birth. Only birth injuries caused by medical negligence can form the basis of a medical malpractice claim.

How much does it cost to hire a birth injury lawyer?

Dordick Law Corporation handles birth injury cases on a contingency fee basis. You pay no upfront fees, no hourly rates, and no costs unless we successfully resolve your case through settlement or verdict. When we recover compensation for you, our fee comes from that recovery. This arrangement ensures that families can pursue justice regardless of their financial situation. Contact us at (310) 736-2866 to schedule your free consultation and learn more about how we can help your family.

Contact Dordick Law Corporation Today

If your child suffered a preventable birth injury in Beverly Hills or throughout Southern California, you deserve experienced legal representation. The attorneys at Dordick Law Corporation are committed to helping families obtain the compensation they need to provide the best possible care for their children.

Call us today at (310) 736-2866 to schedule your free consultation. Our firm is available to discuss your case and answer your questions about the legal process. With Dordick Law Corporation, you have a birth injury attorney in Beverly Hills who understands both the medical and legal complexities of birth injury cases and will pursue your family’s rights.

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