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Birth Injury

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 for the skill, resources, and tenacity to deliver excellent results and recover 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!

Cases We Have Won

Our founding attorney, Marshall Silberberg, has tried more than 200 medical malpractice cases to verdict, many of which involved birth injuries.

Our lead trial attorney has handled situations such as the following:

  • Laboring mother injured because her anesthesiologist decided to take a break from monitoring her
  • Infant injured by vacuum extraction that caused the baby's scalp to separate from its skull and cause massive hemorrhage.
  • Failure to diagnose congenital problems in utero
  • Shoulder dystocia resulting in a flaccid arm
  • Home-birth midwives failing to transport when there is a complication resulting in baby strangled by the umbilical cord

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. It's important to note that birth injuries are different from birth defects, which are usually present before birth and often result from genetic or environmental factors.

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.

What Are the Most Common Causes of Birth Injuries?

According to Right Diagnosis, one of the leading global providers of online medical health information, 7 of every 1,000 births are impacted by some type of birth injury in the United States. Based on that information, roughly 28,000 birth injuries occur in the U.S. every year, which equates to 3 birth injuries every hour.

Below are some of the most common causes of birth injuries caused by medical negligence:

  • Head trauma during delivery
  • Forcible delivery
  • Unskilled use of forceps or vacuum extractors
  • Oxygen deprivation during birth
  • The doctor’s failure to identify and treat a complicating condition
  • Miscalculation of the size of the fetus
  • Pre-mature or post-mature delivery caused by improper dating
  • Administration of improper medications during delivery
  • Failure to properly monitor the fetus
  • Failure to respond to fetal distress
  • Failure to perform a timely C-Section
  • Improper use of delivery assistance tools
  • Failure to give the newborn oxygen when needed

If you believe your infant sustained an injury as a result of medical negligence, you must pursue legal action to obtain compensation. Many birth injuries can result in a lifetime of costs, which is a burden your family should not have to bear when someone else is at fault.

Who Is Responsible for My Child’s Injury?

Liability for a birth injury can be attributed to various parties depending on the circumstances surrounding the injury. Determining liability can involve complex legal considerations, and it often requires a thorough investigation.

Here are some parties who may be held liable for a birth injury in California:

  • Doctors: Obstetricians, attending physicians, and other healthcare professionals involved in prenatal care, labor, and delivery may be held liable if their actions or decisions deviate from the standard of care, leading to a birth injury.
  • Nurses: Labor and delivery nurses responsible for monitoring and assisting during childbirth may be held accountable for negligence if their actions contribute to a birth injury.
  • Hospital Staff: The hospital or healthcare facility may be held liable if it is found that inadequate policies, procedures, or staffing levels contributed to the birth injury. Hospitals can also be held vicariously liable for the actions of their employees.
  • Medical Institutions: If the birth injury occurred in a medical institution or clinic, the institution may be held liable for any negligence on the part of its staff.
  • Pharmaceutical Companies: In some cases, if a birth injury is linked to a medication prescribed during pregnancy, the pharmaceutical company manufacturing the drug may be held liable for any defects or lack of proper warnings.
  • Medical Device Manufacturers: If a birth injury is related to the use of medical devices during childbirth, such as forceps or vacuum extractors, the manufacturers of these devices may be held liable for defects or inadequate warnings.
  • Third Parties: Contractors or individuals providing services to the healthcare facility, such as maintenance or equipment suppliers, may be held liable if their negligence contributes to a birth injury.

If your child suffered a birth injury, it's important to identify the liable party. Once you’ve identified who’s responsible, you’ll be able to use that information to build your case and seek justice and compensation.

Proving Liability in a Birth Injury Claim

To succeed in a birth injury claim in California, plaintiffs (parents or guardians of the injured child) generally need to establish certain elements. Birth injury cases typically fall under medical malpractice, and proving negligence is a crucial aspect of these claims.

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 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 be 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.

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. 

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 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.

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 a Birth Injury Lawyer Near You Help?

When a child suffers a birth injury due to medical negligence, parents in California can turn to experienced birth injury lawyers for help. A knowledgeable and compassionate attorney can provide the legal guidance needed to seek justice and compensation for their family's suffering.

From investigating the circumstances of the incident, gathering evidence and building a strong case, to negotiating with insurance companies or taking legal action in court if necessary—a qualified lawyer will handle every aspect of your case so that you can focus on what matters most: caring for your injured child.

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

  • Investigate the circumstances of the incident: A child birth 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 prove 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, past and future medical bills, etc.
  • Negotiate with Insurance Companies: Experienced lawyers are skilled negotiators who understand how insurance companies operate. This helps them get the best possible outcome on behalf of their clients through settlement negotiations or even litigation if necessary.
  • Provide Legal Guidance & 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, all the way up representing you during any potential jury trial proceedings. Until a resolution is reached between parties, your lawyer will work hard to resolve your birth injury lawsuit and recover compensation for the negligence of healthcare providers/institutions.

With years of experience handling complex medical malpractice cases, our Orange County birth injury attorneys have recovered millions of dollars in damages on behalf of clients throughout Southern California. Contact us today for more information about how we can help you get the justice and financial security your family needs.

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. 

We have the knowledge, experience, and resources to pursue successful outcomes for clients who have suffered losses due to the mistakes of doctors they should have been able to trust.

Looking for a birth injury attorney near you? Call (949) 565-4281 or send us a message to speak with our experienced birth injury lawyers. Se habla Español!

Relentless About Results

  • $28,700,000 Catastrophic Surgical Error

    In a landmark verdict, the plaintiff was awarded $28.7 million in damages following a tragic incident involving a fish bone lodged in the victim's airway after consuming fish tacos.

  • $9,000,000 Pediatric Surgical Malpractice

    Our client, a minor, was treated by a neurosurgeon who, at no point in the doctor-patient relationship disclosed that he was not a pediatric neurosurgeon.

  • $8,800,000 Failure to Diagnose

Our Values

What Our Work Means To Us
  • Focused on Your Future
    We don’t just aim for legal victories—we fight for the financial recovery and peace of mind you need to move forward. From medical bills and lost income to pain and suffering, we pursue full compensation so you and your family can rebuild with confidence.
  • Experienced Where It Matters
    With decades of courtroom experience and hundreds of trials behind us, we know how to win. We’re straightforward, strategic, and fully prepared to take your case as far as it needs to go.
  • Built on Trusted Partnerships
    We’ve cultivated long-standing relationships with leading doctors and industry experts who help us build strong, evidence-based cases that stand up in court and lead to better outcomes.
  • Personally Invested in Every Case
    We see the person behind the case and understand what you’ve been through. That’s why we approach every client with compassion, respect, and unwavering support from start to finish.
  • Driven to Deliver Results
    We go all in—thorough preparation, expert insight, and tireless advocacy. We don’t charge a fee unless you recover, and we fight for compensation that truly makes a difference in your life.