Orange County Birth Injury Lawyers 

Hundreds of Medical Malpractice Cases Handled in Southern California

Birth injuries can be emotionally devastating for parents who never expected anything to go wrong during the birth of their child. While we all place our trust in the medical system, it is an unfortunate reality that many newborns suffer injuries that could have been prevented if not for a physician’s error. 

These mistakes could mean a lifetime of consequences for an innocent child who may suffer physical and/or cognitive disability, and a lifetime of medical bills to provide them with the care they need.

With decades of combined experience handling medical malpractice claims and hundreds of millions of dollars successfully recovered, you can trust that our Orange County birth injury lawyers have the skill, resources, and tenacity to pursue excellent results and seek maximum compensation for past and future medical expenses, pain and suffering, lifelong costs of care, and other damages.

Contact the Law Office of Marshall Silberberg for more information regarding your birth injury case in Orange County.

What is a Birth Injury?

A birth injury refers to any harm or damage sustained by an infant during the childbirth process. These injuries can occur before, during, or shortly after delivery and may result from various factors, including medical conditions, complications during labor, or medical negligence. Birth injuries are different from birth defects, which are usually present before birth and often result from genetic or environmental factors.

When we review a potential case, we look closely at the medical records from pregnancy through the immediate postpartum period to determine when the injury likely occurred and whether it could have been avoided. That analysis often includes fetal monitoring strips, imaging, and notes from labor and delivery nurses and obstetricians. By comparing what happened with what reasonably careful providers in Orange County would have done in the same situation, we can begin to assess whether a preventable birth injury may support a medical malpractice claim.

Common types of birth injuries include:

• Cerebral Palsy: A group of neurological disorders affecting body movement and muscle coordination, often caused by brain damage before, during, or after birth.
• Hypoxic-Ischemic Encephalopathy (HIE): Lack of oxygen to the baby's brain, which can result in brain damage and long-term neurological issues.
• Brachial Plexus Injuries or Erb's Palsy: Damage to the network of nerves controlling the arm and hand, often caused by shoulder dystocia during delivery.
• Facial Nerve Injuries: Damage to the facial nerve during childbirth, leading to facial paralysis.
• Fractures: Bone fractures, particularly of the clavicle or collarbone, may occur during a difficult delivery.
• Intracranial Hemorrhage: Bleeding within the infant's skull, which can lead to brain damage.
• Perinatal Asphyxia: Insufficient oxygen supply to the baby before, during, or after delivery, which can lead to various complications.
• Caput Succedaneum: Swelling of the baby's scalp due to pressure during delivery.

How Birth Injury Claims Work in California

Parents who are considering a birth injury claim are often unsure what to expect or how long the process may take. In California, these cases follow specific medical malpractice rules and deadlines, and they usually involve a detailed investigation long before any court date is set. Understanding the general path of a claim can help you decide whether to move forward and what information to gather while events are still fresh in your mind.

In most matters, we begin with a careful review of medical records from pregnancy through delivery and the newborn period, followed by consultation with independent physicians who practice in the same fields as the providers involved. If those experts support a claim, we prepare a formal lawsuit that is typically filed in the appropriate Orange County Superior Court courthouse, such as the Central Justice Center in Santa Ana. From there, the case moves through discovery, where both sides exchange documents, take depositions, and work with additional experts to clarify what happened and what the future holds for your child.

Proving Liability in a Birth Injury Claim

Here are the key elements that must be proven to succeed in a birth injury claim:

1. Duty of Care: Plaintiffs must establish that a duty of care existed between the healthcare provider (doctor, nurse, etc.) and the mother and baby. In childbirth, healthcare professionals owe a duty of care to both the mother and the newborn.
2. Breach of Standard of Care: Plaintiffs must demonstrate that the healthcare provider breached the standard of care. This involves showing that the provider's actions or decisions deviated from what a reasonably competent healthcare professional in the same field would have done under similar circumstances.
3. Causation: It must be proven that the healthcare provider's breach of the standard of care was a direct cause of the birth injury. In other words, there must be a clear link between the healthcare provider's negligence and the harm suffered by the baby.
4. Injury or Damages: Plaintiffs need to show that the birth injury resulted in actual harm, injury, or damages. This could include medical expenses, ongoing medical care, pain and suffering, emotional distress, and other related losses.

Medical malpractice cases often require expert testimony to establish the standard of care, the breach of that standard, and the causation between the breach and the injury. Qualified medical experts may be called upon to provide their professional opinions.

If the birth injury is related to a lack of informed consent, it may be necessary to show that the healthcare provider failed to adequately inform the parents about the risks and alternatives associated with certain medical interventions or procedures.

What is a Birth Defect?

Birth defects occur while the baby is developing within the mother’s womb and generally take place within the first three months of pregnancy. 

Moreover, birth defects can come in all forms, affecting:

• How the body looks
• How the body works
• Or both

For example, a cleft lip would be a visible birth defect that is easy for others to see, whereas a heart defect would require special testing. 

In some cases, the question in a legal evaluation is not whether a doctor caused a birth defect, but whether they appropriately monitored and managed the pregnancy in light of known risks. For instance, failure to order follow-up imaging, refer to a maternal–fetal medicine specialist, or counsel parents about implications of an abnormal test may be reviewed even if the underlying defect has genetic roots. Our role is to sort through those nuances and give families in Orange County a clear, candid assessment of whether the medical care fell below accepted standards.

What Is the Difference Between a Birth Defect & a Birth Injury?

Most parents only want one thing for their newborn child, and that is for him or her to be healthy. Unfortunately, this wish is not always possible, whether it is due to a birth injury or a birth defect. 

While both sound rather similar, there are actually some key differences between the two, and it is these differences that can dictate the course of action you might be able to take.

When families contact us, they often are unsure whether their child’s condition could have been prevented or whether it is more likely related to genetics or other factors beyond anyone’s control. We review prenatal testing, ultrasound reports, and counseling notes to see what information was available to providers and what risks were discussed. In some circumstances, a provider may not have caused the underlying condition but may still be assessed for failing to diagnose it in time to give parents meaningful options or to plan for a safer delivery.

What Are the Most Common Causes of Birth Defects?

Some of the most common causes of birth defects include:

• Genetics
• Exposure to certain medications or chemicals
• Infections during pregnancy
• Not getting enough nutrients

That said, in most cases, the cause of birth defects is unknown. While it is possible for a medical professional to be responsible for a birth defect if the mother and child were not given proper prenatal care, oftentimes, birth defects are out of the hands of healthcare providers.

What Type of Compensation Could I Claim?

Birth injuries can be extremely damaging, but sometimes that damage is more than physical—it can also cause emotional strife and financial struggles. Caring for a child with a birth injury, or other subsequent health conditions, can be extraordinarily costly, especially for conditions like cerebral palsy.

When these types of damages occur, it is important to seek fair compensation from the party responsible for causing your child’s injury. If they were liable, they should shoulder the financial burden, not you.

In serious birth injury cases, we typically look beyond immediate hospital bills to evaluate the full spectrum of losses over a child’s lifetime. That process includes considering specialized therapies, home modifications, adaptive equipment, respite care for family members, and educational support services that may be needed well into adulthood. For Orange County families, the cost of long-term care and support can be especially high, and a carefully prepared damages analysis can make the difference between an inadequate settlement and one that truly reflects your child’s needs.

Depending on the nature of your child’s birth injury, you may be eligible to claim compensation for the following:

• Medical bills
• Medication costs
• Physical therapy expenses
• Pain and suffering
• Mental anguish

How Can an Orange County Birth Injury Lawyer Help?

The attorneys at our birth injury law firm can also help you:

• Investigate the circumstances of the incident: A childbirth injury lawyer will collect evidence, perform interviews with medical staff, and thoroughly look into the facts to build a strong case for their clients.
• Gather evidence: Birth injury attorneys have access to key resources such as medical records and experts that can help show that negligence occurred in order to seek justice for families who have suffered a birth injury due to medical negligence.
• Build a strong case: A birth injury lawyer can help construct a compelling legal strategy aimed at achieving maximum compensation for their clients. This may include damages related to pain and suffering, lost wages, and past and future medical bills.
• Negotiate with insurance companies: Experienced lawyers are skilled negotiators who understand how insurance companies operate. This helps them seek the best possible outcome on behalf of their clients through settlement negotiations or litigation if necessary.
• Provide legal guidance and representation: From start to finish, an experienced birth injury attorney will provide direction and support throughout every step of your case, from filing paperwork correctly to representing you during any potential jury trial proceedings. Until a resolution is reached between parties, your lawyer will work to resolve your birth injury lawsuit and pursue compensation for the negligence of healthcare providers or institutions.

What To Do If You Suspect a Birth Injury

Many parents do not realize right away that their child’s condition may be linked to something that happened during labor or delivery. You might notice unexpected developmental delays, feeding problems, seizures, or muscle stiffness in the months after coming home from the hospital. If you have any concerns, it is important to take practical steps to protect your child’s health and preserve information that may be important later.

We generally encourage families to continue all recommended medical follow-up, ask treating providers direct questions about possible causes, and keep copies of test results and imaging. In addition, it can be helpful to write down your recollection of the birth while details such as timing, conversations, and staff responses are still fresh. In Orange County, most large hospitals maintain extensive electronic records, but your own notes and observations often fill in important gaps that are not captured in those charts.

Put Over 15 Years of Experience on Your Side

The Orange County birth injury lawyers at the Law Office of Marshall Silberberg help clients throughout Southern California who are reeling from birth-related injuries. Since our founding, our firm has obtained more than $500 million on behalf of our clients. 

Because our practice is based in Irvine, we are familiar with the hospitals, medical groups, and defense firms that frequently appear in Orange County birth injury cases. That local familiarity allows us to move quickly when securing records, identifying potential witnesses, and filing actions in the appropriate Orange County or Los Angeles County court. Combined with decades of trial work in medical malpractice, that foundation enables us to build the kind of detailed, evidence-driven cases that serious birth injury claims demand.

 Call (949) 565-4281 or send us a message to speak with our experiencedOrange County birth injury lawyers. Se habla Español!