When your child suffers a birth injury, the emotional and financial burden can feel overwhelming. Medical negligence during labor and delivery can cause serious, lifelong harm to your infant. At Dordick Law Corporation, our Los Angeles birth injury lawyers understand the devastating impact these injuries have on families. We represent parents and guardians who believe their child’s injury resulted from medical malpractice, and we fight to recover the compensation needed for your child’s lifetime care and recovery.
What Constitutes a Birth Injury in Los Angeles
A birth injury occurs when harm comes to an infant before, during, or immediately after delivery. Unlike birth defects, which develop naturally during pregnancy, birth injuries result from external trauma or medical negligence during the birthing process. These injuries can range from minor bruising that resolves quickly to severe, permanent conditions requiring lifelong care.
Birth injuries happen during the labor and delivery process when healthcare providers fail to respond appropriately to complications or make negligent decisions. They differ fundamentally from birth defects, which develop during fetal development due to genetic factors or other causes unrelated to medical care. Understanding this distinction is critical because only birth injuries caused by medical malpractice can form the basis of a legal claim for compensation. According to the American College of Obstetricians and Gynecologists (ACOG), proper monitoring and timely intervention during delivery are essential standards of care.
Common Birth Injuries We Handle
Birth injuries take many forms, and each requires specialized legal knowledge to pursue successfully:
- Cerebral palsy caused by oxygen deprivation or trauma during delivery
- Erb’s palsy and other brachial plexus injuries affecting arm and shoulder function
- Hypoxic-ischemic encephalopathy (HIE) from a lack of oxygen to the brain
- Shoulder dystocia complications and associated nerve damage
- Intracranial hemorrhage and brain bleeds
- Facial nerve injuries from improper use of delivery instruments
- Spinal cord injuries from excessive traction during delivery
- Cephalohematoma and subgaleal hemorrhages
Each of these conditions can result in permanent disability, developmental delays, and substantial medical expenses. Our attorneys have experience handling cases involving all major birth injury types and understand the medical complexities involved in proving negligence. We work with leading medical experts to establish how healthcare provider negligence caused your child’s injury and to quantify the lifetime costs of care. The National Institute of Neurological Disorders and Stroke (NINDS) provides comprehensive information on neurological birth injuries and their long-term effects.
Medical Negligence and Birth Injury Claims
Birth injuries frequently result from medical negligence—when healthcare providers fail to meet the standard of care expected in their profession. Common forms of negligence during labor and delivery include failing to monitor fetal distress through continuous fetal heart rate monitoring, which can indicate oxygen deprivation requiring immediate intervention. Improper use of delivery instruments like forceps or vacuum extractors can cause traumatic injuries to the infant’s head, face, and nervous system.
Healthcare providers may also commit negligence by failing to perform a timely cesarean section when vaginal delivery poses risks to the infant, or by failing to anticipate and prepare for difficult deliveries in high-risk pregnancies. Medication errors, including improper dosing of labor-inducing drugs or anesthesia complications, can also cause serious birth injuries. Additionally, failure to respond appropriately to signs of maternal infection or placental problems can deprive the infant of oxygen and nutrients during critical moments.
Proving medical negligence in birth injury cases requires demonstrating that the healthcare provider’s actions fell below the accepted standard of care and directly caused your child’s injury. This typically requires expert medical testimony from qualified physicians who can explain how the provider’s conduct deviated from proper medical practice and resulted in your child’s harm. Our experienced birth injury attorneys work with medical experts to build compelling cases that establish negligence and causation.
Who Can Be Held Liable for Your Child’s Birth Injury
Birth injuries can result from negligence by multiple parties involved in the delivery process. Obstetricians and gynecologists bear primary responsibility for managing labor and delivery, and they can be held liable for negligent decisions or actions during this critical time. Nurses and midwives who assist during delivery can also be liable for negligent care, including failure to properly monitor the mother and infant or failure to alert physicians to warning signs.
Anesthesiologists may be liable for complications arising from improper administration of epidurals, spinal anesthesia, or general anesthesia during cesarean sections. Hospitals and medical facilities can be held vicariously liable for the negligence of their employees and may also face direct liability for inadequate staffing, failure to maintain proper equipment, or failure to implement appropriate safety protocols. Additionally, medical corporations and healthcare networks that own hospitals or employ physicians can be held responsible for systemic failures that contribute to birth injuries. The California Medical Board maintains standards for physician conduct and can investigate complaints of medical negligence.
Compensation Available in Birth Injury Cases
Birth injuries often require extensive medical treatment, ongoing therapy, and specialized care throughout your child’s lifetime. California law allows families to recover comprehensive compensation for the full scope of damages resulting from medical negligence.
Types of Damages You Can Recover
- Current and future medical expenses, including surgeries, hospitalizations, and emergency care
- Physical therapy, occupational therapy, and speech therapy costs
- Nursing care and in-home medical assistance
- Specialized medical equipment and adaptive devices
- Educational services and developmental interventions
- Lost earning potential if the injury affects your child’s future ability to work
- Pain and suffering experienced by your child
- Emotional distress and loss of enjoyment of life
- Parental emotional distress and loss of consortium
The amount of compensation depends on the severity of your child’s injury, the extent of medical treatment required, your child’s life expectancy, and the strength of evidence proving negligence. Severe injuries causing permanent disability typically result in larger settlements or verdicts than minor injuries that resolve with minimal treatment. Our attorneys evaluate all available damages and pursue maximum compensation for your family’s losses.
California Statute of Limitations for Birth Injury Claims
California law provides an extended statute of limitations for birth injury claims to protect children who cannot file lawsuits on their own behalf. Generally, you have until your child turns eight years old to file a birth injury lawsuit, measured from the date of birth. This means families have up to eight years from delivery to pursue legal action, providing time to gather medical records, obtain expert opinions, and build a strong case.
However, this timeline is not absolute. In some circumstances, the discovery rule may apply, extending the deadline if the injury was not discovered or reasonably should not have been discovered within the standard timeframe. Additionally, if your child reaches the age of eight before you discover the injury, you may have one year from discovery to file suit, but the claim cannot be filed later than three years after the injury occurred. Under California Code of Civil Procedure § 340.5, acting quickly is important because evidence can be lost, memories fade, and medical records may become difficult to obtain as time passes. Consulting with a birth injury attorney as soon as you suspect negligence ensures your rights are protected and your case is filed within applicable deadlines.
Why Choose Dordick Law Corporation for Your Birth Injury Case
Our team has secured substantial results in medical malpractice matters, including outcomes for patients and children who suffered permanent neurological damage because providers failed to act promptly. Representative results include:
- $3 million partial settlement in a medical malpractice case involving a Southern California patient whose neurological damage was not diagnosed or treated in time, leading to permanent injury after delayed testing and miscommunication among hospital staff.
- A record $31,550,825 jury verdict against Banner Health in a malpractice case for a child who suffered oxygen deprivation during birth and developed cerebral palsy, believed to be the largest personal injury award in Arizona history.
These results reflect the firm’s ability to take on major healthcare institutions, challenge lost or incomplete medical records, and present persuasive evidence of how lapses in monitoring, delayed intervention, and poor communication can cause devastating brain injuries at birth. When you choose Dordick Law Corporation, you work with a team that understands both the medicine and the law behind birth injury claims and is prepared to pursue the full compensation your child will need over a lifetime of care.
Frequently Asked Questions About Birth Injuries
What is the difference between a birth injury and a birth defect?
A birth defect develops naturally during pregnancy due to genetic factors or developmental issues unrelated to medical care. A birth injury, by contrast, results from trauma or negligence during the labor and delivery process. Birth defects are not caused by medical malpractice, while birth injuries often are. This distinction is crucial because only birth injuries caused by medical negligence can form the basis of a malpractice lawsuit. If you’re unsure whether your child’s condition resulted from a birth injury or birth defect, our attorneys can review your medical records and advise you on your legal options.
How long do I have to file a birth injury lawsuit in California?
California law generally allows you to file a birth injury lawsuit until your child turns eight years old, measured from the date of birth. This extended timeline recognizes that children cannot file lawsuits themselves and that some injuries may not be immediately apparent. However, you should not delay in consulting with an attorney, as evidence can be lost and memories fade over time. The sooner you contact us, the sooner we can begin investigating your case and protecting your rights. Under California’s statute of limitations, time is critical.
What evidence is needed to prove medical malpractice in a birth injury case?
Proving medical malpractice requires establishing four elements: the healthcare provider owed a duty of care to your child, the provider breached that duty through negligent actions or omissions, the breach directly caused your child’s injury, and your child suffered damages as a result. This typically requires expert medical testimony from qualified physicians explaining how the provider’s conduct fell below the accepted standard of care and caused the injury. Our attorneys work with leading medical experts to gather and present compelling evidence supporting your claim.
How much compensation can I receive for my child's birth injury?
Compensation depends on multiple factors including the severity of your child’s injury, the extent of medical treatment required, your child’s life expectancy, and the strength of evidence proving negligence. Severe injuries causing permanent disability typically result in larger awards than minor injuries. Our attorneys can evaluate your specific case and provide an estimate of potential compensation based on comparable cases and your child’s particular circumstances. We pursue all available damages to ensure your child receives the resources needed for lifetime care. See our case results page for examples of compensation we’ve secured.
Will my case go to trial or settle?
Most birth injury cases settle before trial, but we prepare every case as if it will go to court. Settlement negotiations often occur after we complete our investigation, obtain expert opinions, and demonstrate the strength of your case to the defendant’s insurance company. If a fair settlement cannot be reached, we are prepared to take your case to trial and present your evidence before a jury. Our goal is to secure the best possible outcome for your family, whether through settlement or verdict.
What should I do if I suspect my child suffered a birth injury?
Contact a birth injury attorney immediately to discuss your concerns. Preserve all medical records from the pregnancy, delivery, and postpartum period. Document any symptoms or developmental delays your child experiences. Avoid discussing the injury with hospital staff or insurance representatives without legal counsel present. An experienced attorney can review your medical records, consult with medical experts, and advise you on whether you have a viable claim for compensation. The sooner you reach out, the sooner we can begin protecting your family’s rights.
Contact our Los Angeles Birth Injury Lawyers
Contact Dordick Law Corporation today for a free consultation. Call us at (310) 551-0949 or complete our online contact form to discuss your birth injury case with an experienced Los Angeles attorney.
