California Birth Injury Lawyer

Some of the most traumatic injuries are those that occur to a newborn child's injury. When giving birth, there are many things that can make the birthing process much more difficult and potentially cause injury to the baby. Statistics show in California alone, 40 babies a day are born with some type of birth injury.

Complications can arise during the birth of any child. Some of the most common birth injuries developmental delays and complications are well known to the medical profession, and there are usually steps that competent doctors and hospitals can take to prevent or minimize the extent of the birth injuries a child suffers. Unfortunately, sometimes these steps are not followed because of negligence or fatigue by medical personnel.

Tragically, it is then a precious newborn child and his or her parents who pay the price. Children who suffer birth injuries may have difficulty walking, talking, growing, breathing, or cognitively. In some cases, they may need extended medical care and treatment, sometimes for the rest of their lives. This puts a tremendous burden on the parents, both financially, but more importantly emotionally.

Types of Birth Injuries

Birth Injury LawsuitsThe most catastrophic birth injuries are those caused by oxygen deprivation because of oxygen or blood flow to the brain. Total lack of oxygen to the brain (anoxia) or partial lack of oxygen (hypoxia) and bleeding can cause the child to have conditions such as:

Cerebral Palsy

Cerebral palsy is characterized by muscle tightness, spasms, and restricted movement due to abnormal development in parts of the brain. It can range from mild to disabling.

Erb's Palsy

Erb's palsy, or brachial plexus palsy, damages the network of nerves running from the brachial plexus injury the neck to the arm. This can cause loss of movement or sensation in the arm and hand.


Hydrocephalus involves abnormal buildup of cerebrospinal fluid in the cavities deep within the brain which causes potentially damaging fluid pressure.

Mental Retardation

Lack of oxygen during labor and delivery may cause mild to severe cognitive or intellectual disabilities.

Children can also suffer fractures during birth, the most common of which is a fracture of the clavicle or collarbone. Head injuries like cephalohematoma (blood clot or bruise under the scalp) may also occur.

Causes of Birth Injuries

Los Angeles Birth InjuryA child can suffer a birth injury before, during, or immediately after delivery. Birth injury can be caused by mistakes made by doctors, nurses, midwives or other medical professionals and hospitals. Failing to take necessary actions in any birth injuries happen a child suffered in a timely manner or matter or misjudging the situation can cause traumatic injury to the baby.

Failure to Perform C-Section

One major cause of birth injury is failure of healthcare provider to recognize signs that a C-section is needed during labor process and waiting too long to perform it. Warning signs that typically warrant a C-section may be missed or ignored.

Breech Position Complications

Babies in the breech position (buttocks or feet first) are at higher risk for various injuries during vaginal delivery if proper precautions are not taken by medical staff.

Improper Use of Birth-Assisting Tools

Errors in the use of forceps, vacuums or other assisting devices can sometimes cause brain injury, nerve damage birth trauma, fractures of the skull, and bleeding in the brain. Lack of skill in performing these interventions raises risk of brain damage.

Premature Delivery Issues

Babies born prematurely are inherently vulnerable and require specialized care to avoid birth injuries and health complications. When this care is inadequate, risk is heightened.

Infection Exposure

Exposure to infections in-utero or during the delivery birthing process, like group B strep bacteria, rubella, cytomegalovirus and toxoplasmosis can cause severe health problems in newborns if proper precautions are not followed.

In the situation of a birth injury lawsuit, it is vitally important to speak to a lawyer as soon as possible. The complexity of birth injury cases, massive costs of legal fees that can accrue, and legal time limits make getting expert legal guidance imperative.

Don't Let Your Statute of Limitations Run Out

California Birth Injury LawyersIn California, the law imposes a statute of limitations, which sets a maximum amount of time that any legal action or proceedings can occur after the date of the accident or other incident. Each year, people who have legitimate cases call lawyers only to find their statute of limitations has already expired.

For birth injury cases in California, you typically have only three years from the date of the birth injury attorney you to file a lawsuit. Waiting longer than three years will likely destroy any chance of legal recovery or compensation, no matter how strong your case is.

Preserve Evidence Immediately

Another vital reason to contact experienced birth injury lawyers immediately after an incident is to ensure all possible evidence needed to prove the case is gathered and preserved. This includes:

  • Medical records and diagnostic test results showing extent of injuries
  • Statements from parents, nurses medical doctor and anyone else present at the birth
  • Identities of all medical staff involved in delivery
  • Hospital policies and procedures for childbirth and emergency care

Skilled birth injury attorneys know every piece of evidence required and will act swiftly to collect properly deliver it. They also bring in respected medical experts early in the process to thoroughly review records and provide opinions on exactly what went wrong.

By contacting lawyers quickly, parents can make sure their child's rights and chances for sufficient full financial compensation and recovery to cover costs of care are fully protected now and into the future.

Overcoming Barriers to Justice

California Birth Injury AttorneysHowever, recovering rightful compensation for medical negligence or negligent care is rarely simple or easy in birth injury cases. A medical malpractice lawsuit requires extensive, often highly technical proof of exactly what doctors, nurses or other staff did wrong that substantially contributed to causing the devastating injury.

Complex Medical Evidence

The complex chain of events surrounding what went wrong before, during and after delivery must be reconstructed in detail. Respected medical experts must pinpoint errors and lapses in the standard of care by staff.

Procedural Hurdles

There are strict procedural requirements before birth injury suits can even be filed in California. Parents may need to provide Notice of Intent to Sue and go through pre-trial mediations.

Why Choose Moseley Collins Law for Medical Malpractice

Birth Injury LawyerMoseley Collins Law is a top personal injury law firm based in California with over 40 years of experience winning cases for injured clients. There are several key reasons why they stand out from other serious injury lawyers firms and are a smart choice for legal representation birth injury victims.

Experience and Specialization

Moseley Collins Law exclusively handles personal injury, still birth injury claims, medical malpractice cases. Our laser focus and four decades handling these cases means they know how to successfully go up against insurance companies trial lawyers and corporations responsible for clients’ suffering. They don’t dabble in multiple practice areas.

Track Record of Results

Birth Injury LawsuitWith a long history of multi-million dollar settlements and verdicts in all types of injury cases, Moseley Collins Law delivers on getting justice and maximum compensation for lost wages, future medical expenses and bills, pain and suffering for clients. Our record speaks for itself.

Client Commitment

Best LawyersAt Moseley Collins Law, clients come first. We treat each person compassionately and individually. Building personal relationships and trust sets them apart. There is always direct communication with the attorneys leading the case, not just assistants. Moreover, we also offer free consultation to understand your case and help you pursue financial compensation.

Frequently Asked Questions (FAQs) What kinds of birth injuries can lead to a medical malpractice lawsuit?

Some examples of birth injuries that may constitute grounds for a malpractice suit include cerebral palsy, Erb's palsy, bone fractures partial paralysis, brain bleeds or damage, and nerve damage. The key issue is whether the doctor, nurse or other hospital staff caused or contributed to the injury through negligence.

What types of compensation can parents seek through a birth injury lawsuit?

Parents can seek past and future costs for their child’s medical treatment and rehabilitation therapies,loss of future earnings if the child cannot work, modifications to accommodate disabilities, in-home nursing care expenses, special education programming costs, and other related current and projected costs. Damages for pain and suffering may also be awarded.

How can parents know if their child’s birth injury was due to medical malpractice versus just delivery complications?

It can be unclear whether injuries were unavoidable or due to provider negligence. A birth injury attorney conducts a detailed investigation using medical records and expert opinions to determine if acceptable standards of care were breached and directly caused preventable harm.

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

Many birth injury law firms work on a contingency fee basis, meaning no fee unless they win or settle your case and you get monetary recovery. The lawyer then takes an agreed upon percentage of the settlement or verdict amount as payment for their services. There are generally no upfront costs or fees.

How long do parents have to file a birth injury lawsuit?

In California, parents typically have three years from the date of their baby’s birth injury to file a medical malpractice lawsuit or other legal claim due to statute of limitation rules. There may be exceptions depending on details of the situation, which is why contacting an attorney promptly is key.

Client Reviews
"When I was injured I felt truly hopeless. I didn't know where to turn when I was released from the hospital. Luckily, I remembered your phone number and I called you. You won a nice settlement for me. Thank you!" Charles T.
"May God bless you always, Moseley and your wonderful staff. You all were there for us when we needed it most. We are forever grateful." Tina N.
"Everyone at the law firm was helpful, considerate and courteous. I would highly recommend Moseley Collins. Thank you so much." Robyn D.