The birth of a child should be a joyful experience, but when medical negligence occurs, it can lead to serious birth injuries that affect a baby’s health and future. If your child has suffered a birth injury due to medical malpractice in San Diego, you may have the right to seek compensation for medical expenses, ongoing care, pain and suffering, and other damages.

A San Diego birth injury lawyer can help you hold doctors, nurses, and hospitals accountable for their mistakes. This article explores common birth injuries, medical malpractice laws in California, and how an attorney can help families recover the compensation they need for their child’s future.

What Is a Birth Injury?

A birth injury occurs when a baby suffers harm before, during, or shortly after delivery due to medical negligence or improper care. While some birth injuries are unavoidable, many are caused by preventable mistakes made by healthcare providers.

Medical professionals are expected to monitor both the mother and baby carefully, respond to complications promptly, and use proper techniques during labor and delivery. When they fail to meet these standards, it can result in lifelong disabilities, developmental delays, and medical complications.

Common Birth Injuries Caused by Medical Negligence

Birth injuries can have serious and long-lasting consequences for both the child and their family. Some of the most common injuries caused by medical errors during childbirth include:

Cerebral Palsy

• A neurological disorder affecting muscle control, movement, and coordination.
• Often caused by lack of oxygen (hypoxia) or brain damage during delivery.

Erb’s Palsy (Brachial Plexus Injury)

• A condition that affects the nerves in the shoulder and arm, leading to weakness or paralysis.
• Can occur when a doctor uses excessive force during delivery or fails to recognize signs of distress.

Hypoxic-Ischemic Encephalopathy (HIE)

• A brain injury caused by oxygen deprivation.
• Can result in seizures, developmental delays, and cognitive impairments.

Skull Fractures and Brain Hemorrhages

• Caused by improper use of forceps or vacuum extraction devices.
• Can lead to brain swelling, bleeding, and permanent neurological damage.

Spinal Cord Injuries

• Can result in partial or complete paralysis if excessive force is applied during birth.
• Often caused by improper delivery techniques or failure to perform a necessary C-section.

If your child has been diagnosed with any of these conditions and you suspect medical negligence, a San Diego birth injury lawyer can help investigate your case.

How Medical Negligence Causes Birth Injuries

Many birth injuries occur due to preventable medical errors. Some examples of negligence that can lead to serious birth injuries include:

• Failure to monitor fetal distress, such as abnormal heart rate.
• Delayed C-section, leading to oxygen deprivation.
• Misuse of forceps or vacuum extraction devices, causing head trauma.
• Failure to detect infections in the mother or baby.
• Improper administration of medications, such as labor-inducing drugs like Pitocin.

If a healthcare provider’s actions or inaction led to your child’s injury, you may have a valid birth injury lawsuit.

Who Can Be Held Liable for a Birth Injury?

Multiple parties can be held responsible for medical negligence during childbirth, including:

• Obstetricians and doctors who fail to properly monitor the mother and baby.
• Nurses and medical staff who do not follow hospital procedures.
• Hospitals and birthing centers that fail to provide adequate training or maintain safe conditions.
• Pharmaceutical companies if a defective drug contributed to the injury.

A San Diego birth injury lawyer will investigate your case to determine liability and seek justice for your child.

Compensation Available in a Birth Injury Lawsuit

Families affected by birth injuries may be entitled to significant compensation to help cover medical costs, ongoing care, and emotional suffering. Compensation may include:

Economic Damages

• Medical expenses, including hospital bills, surgeries, and therapy.
• Ongoing rehabilitation costs, such as physical and occupational therapy.
• Specialized medical equipment and home modifications.
• Lost wages if parents must leave work to care for their child.

Non-Economic Damages

• Pain and suffering experienced by the child and family.
• Emotional distress and reduced quality of life.
• Loss of enjoyment of life for the injured child.

Punitive Damages

• Awarded in cases where medical providers acted with reckless disregard for patient safety.

Statute of Limitations for Birth Injury Cases in California

California law imposes strict deadlines for filing a birth injury claim. The statute of limitations is:

• For minors under 6 years old: A lawsuit must be filed before the child’s 8th birthday.
• For minors 6 and older: The claim must be filed within three years of the injury’s discovery.
• For wrongful death cases: A claim must be filed within two years of the child’s passing.

Because birth injury cases require extensive investigation, it’s crucial to contact an attorney as soon as possible to protect your child’s rights.

How a San Diego Birth Injury Lawyer Can Help

A birth injury lawsuit can be complex, requiring medical experts, legal resources, and extensive investigations. A San Diego birth injury lawyer can:

• Review medical records to identify signs of negligence.
• Consult with medical experts to determine if doctors failed to follow proper protocols.
• Negotiate with hospitals and insurance companies to seek a fair settlement.
• Take the case to trial if necessary to fight for full compensation.

Recent Birth Injury Lawsuit Settlements in California

Many families have won multi-million-dollar settlements and verdicts in birth injury cases, including:

• Cerebral Palsy – $10 Million Settlement
  • A delayed C-section led to oxygen deprivation, causing permanent brain damage.
• Erb’s Palsy – $5.2 Million Verdict
  • A doctor used excessive force during delivery, permanently injuring the baby’s shoulder nerves.
• Brain Damage – $8 Million Settlement
  • A failure to monitor fetal distress led to lifelong cognitive impairments.

These cases highlight the importance of holding medical providers accountable for preventable mistakes.

Why Contact The Law Office of Melinda J. Helbock

At The Law Office of Melinda J. Helbock, A.P.C., we represent families in high-stakes birth injury litigation. Our firm offers:

• Decades of experience in complex medical negligence cases
• Strategic coordination with pediatric, obstetric, and forensic experts
• Compassionate, family-centered representation
• A proven track record of securing multimillion-dollar settlements

If your child suffered a life-altering birth injury due to medical negligence, contact our San Diego office today for a confidential consultation.

We’ll help you understand your rights and pursue justice with clarity and resolve.

References

• California Legislative Information. (2024). Medical Malpractice and Birth Injury Laws in California. Retrieved from https://leginfo.legislature.ca.gov
• National Institutes of Health. (2024). Causes and Long-Term Effects of Birth Injuries. Retrieved from https://www.nih.gov
• American Medical Association. (2024). Guidelines for Obstetric Care and Delivery Standards. Retrieved from https://www.ama-assn.org
• Mayo Clinic. (2024). Common Birth Injuries and Prevention Strategies. Retrieved from https://www.mayoclinic.org
• California Department of Public Health. (2024). Patient Safety and Birth Injury Reporting Requirements. Retrieved from https://www.cdph.ca.gov