California Birth Injury Lawyer

Quick Answer

If you live in California and believe your child suffered from a birth injury due to medical negligence, a lawyer may be able to get you help and compensation. See if you can connect with a California birth injury lawyer today.

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Working With a Birth Injury Lawyer in California

California birth injury lawyers are subsets of personal injury attorneys that can help you access financial compensation and hold medical professionals accountable for medical negligence.

Your attorney will make the process of filing a medical malpractice lawsuit as stress-free as possible for you. California birth injury lawyers will file your lawsuit, collect evidence, build your case, and work to win compensation for your family.

Financial compensation won through a lawsuit can help pay for your child’s birth injury treatment. This can include therapy, medications, surgery, mobility aids, adaptive equipment, and more.

We have helped families near you.

Our partner law firms can represent families in the following areas:

  • Anaheim
  • Berkeley
  • Burbank
  • Compton
  • Fairfield
  • Fontana
  • Glendale
  • Hollywood
  • Long Beach
  • Los Angeles
  • Modesto
  • Oakland
  • Orange County
  • Pasadena
  • Santa Ana
  • San Bernardino
  • San Diego
  • San Francisco
  • San Jose
  • Santa Cruz
  • Stockton
  • Other cities

You may be eligible for financial compensation if your child’s birth injury was preventable. Get a free case review today to learn more.

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Do you suspect your child’s birth injury was caused by medical malpractice?

Get a Free Case Review

Birth Injuries and Medical Negligence

Birth injuries are often caused by medical negligence during delivery. Careless medical errors during the birthing process may be considered medical negligence and can cause several types of injuries. These injuries can result in lifelong complications and years of birth injury treatment.

Examples of medical negligence leading to a birth injury include:

  • Failure to detect signs of fetal distress
  • Failure to detect signs of oxygen deprivation (hypoxia)
  • Failure to perform a necessary C-section (cesarean section)
  • Improper use of birthing tools such as forceps or vacuum extractor
  • Use of excessive force as the child exits the birth canal

The average cost to care for a child with cerebral palsy throughout their entire life is $1 million, according to the Centers for Disease Control and Prevention (CDC).

You may be able to take legal action if your child’s birth injury was caused by medical negligence. California birth injury lawyers can help you pursue financial compensation by filing a birth injury lawsuit.

Types of Cases California Birth Injury Attorneys Work On

California birth injury lawyers handle medical malpractice cases involving an injury to a child during the delivery process. Birth injury lawyers can represent victims of several types of birth injuries.

California birth injury lawyers help families affected by common birth injuries, including:

  • Brain damage
  • Caput succedaneum
  • Cerebral palsy
  • Cervical dystonia
  • C-section injuries
  • Erb’s palsy and other brachial plexus injuries
  • Forceps delivery injuries
  • Infant torticollis
  • Intrauterine fetal demise
  • Kernicterus
  • Klumpke’s palsy
  • Maternal infections
  • Meconium aspiration syndrome (MAS)
  • Newborn cephalohematoma
  • Newborn jaundice
  • Vacuum extraction injuries

Get a free consultation from a birth injury attorney to learn more about whether you qualify for financial compensation today.

Free Legal Case Review

Do you suspect your child’s birth injury was caused by medical malpractice?

Get a Free Case Review

Notable Birth Injury Settlements in California

There are several factors that determine how much compensation you may receive from a birth injury lawsuit. Most birth injury cases are resolved through a settlement, which is a lump sum of money paid out to the plaintiff. In rare cases, a birth injury lawsuit will go to trial and be decided by a judge or jury.

Birth injury settlement amounts are generally calculated from the birth injury type, the severity of the injury, future medical expenses, the state in which the child was injured, and more.

Some notable California birth injury settlements and verdicts include:

  • $9.95 million settlement won for a child with cerebral palsy
  • $4.3 million settlement won for a child with kernicterus and cerebral palsy
  • $3.8 million settlement won for a child with a brain injury
  • $2.09 million settlement won for a child with cerebral palsy

It is important to remember that you may receive less or more compensation in your case — there are no guarantees. California birth injury attorneys can help determine the potential value of your medical malpractice claim.

When to File a Lawsuit in California

It is important to file your birth injury lawsuit as soon as possible. California, along with every other state, has set time limits on how long you have to file a medical malpractice lawsuit. claim. These laws are known as statutes of limitations and they vary by state.

Learn more about the statute of limitations for birth injury lawsuits in California below.

CA Statute of Limitations for Birth InjuriesCA Statute of Limitations for Infant Wrongful Death
1 Year After Discovery or 3 Years After Date of Injury2 Years

If you do not file your lawsuit within the time allotted, you may lose your right to sue and collect compensation forever. Thankfully, you can work with a California birth injury lawyer to file your lawsuit within the statute of limitations.

Get Help from Birth Injury Lawyer in California

Medical professionals are trained to ensure your baby is delivered safely. If your child’s injury was caused by medical negligence, you may be eligible for financial compensation.

California birth injury lawyers can file your lawsuit and strengthen your case to maximize your potential payout. Financial compensation can help your child get the treatment they need to live a long, happy life.

Get a free case review today to see if you are eligible to file a birth injury lawsuit in the state of California.

California Birth Injury Lawyer FAQs

What is the statute of limitations on birth injury claims in California?

The statute of limitations for birth injuries is 1 year after the discovery of the injury or 3 years after the date of the injury. The statute of limitations for the wrongful death of an infant is 2 years.

It is important to contact a lawyer as soon as possible to make sure your case is filed within these deadlines. If the statute of limitations passes in your case, you will no longer be able to sue and pursue compensation.

How much do California birth injury lawyers cost?

The best California birth injury lawyers work on a contingency fee basis and do not charge any upfront fees.

Lawyers that work on a contingency fee basis only get paid if you win your lawsuit. Your attorney will then take a percentage of your earnings to cover their legal fees.

How do I know if my child’s birth injury was caused by medical negligence?

The best way to know if your child’s birth injury was caused by negligence is to contact a medical malpractice lawyer. Specialized attorneys have the experience and expertise to review your case to see if your child’s injury was preventable.

Get a free case review to learn if your child’s birth injury was caused by medical negligence.

Birth Injury Support Team

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View 9 Sources
  1. Boeschen, C. (2011, October 10). Birth-Related medical malpractice. Retrieved July 26, 2021, from https://www.nolo.com/legal-encyclopedia/birth-related-medical-malpractice-30150.html
  2. Civil cases. (n.d.). Retrieved July 26, 2021, from http://www.uscourts.gov/about-federal-courts/types-cases/civil-cases
  3. Data and statistics for cerebral palsy. (2020, December 31). Retrieved July 26, 2021, from https://www.cdc.gov/ncbddd/cp/data.html
  4. David Goguen, J. (2021, January 11). California medical malpractice laws & statute of limitations. Retrieved July 26, 2021, from https://www.alllaw.com/articles/nolo/medical-malpractice/laws-california.html#:~:text=California's%20Medical%20Malpractice%20Statute%20of%20Limitations&text=In%20California%2C%20a%20medical%20malpractice,injury%20(whichever%20occurs%20first).
  5. David Goguen, J. (2021, January 25). What is California's medical MALPRACTICE statute of limitations? Retrieved July 26, 2021, from https://www.nolo.com/legal-encyclopedia/what-the-statute-limitations-medical-malpractice-lawsuit-california.html
  6. Ranum, D. (2019, March 20). Study of malpractice claims involving children. Retrieved July 26, 2021, from https://www.thedoctors.com/articles/study-of-malpractice-claims-involving-children/
  7. Top 100 Personal Injury Settlements in California in 2019. (n.d.). Retrieved July 26, 2021, from https://topverdict.com/lists/2019/california/top-100-personal-injury-settlements
  8. Top 50 Personal Injury Settlements in California in 2018. (n.d.). Retrieved July 26, 2021, from https://topverdict.com/lists/2018/california/50-personal-injury-settlements
  9. What is malpractice? (n.d.). Retrieved July 26, 2021, from https://www.abpla.org/what-is-malpractice
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