Birth Injuries

Home » Medical Malpractice » Birth Injuries

Your Orange County Birth Injury Attorneys

If you have ever struggled with circumstances that are beyond your control when it comes to your baby’s health, you join many other hard-working, bright, and caring parents in that sentiment. While feelings of guilt are normal, it is important to know that you did nothing wrong

In fact, it is common for healthcare providers to try and dismiss birth injury cases as unavoidable. In the video below, attorney Ben Ikuta explains how this can be false, and why it’s important to partner with experienced legal advocates if your child has been injured at birth.

If your child was born with a birth injury and you suspect it was a result of negligence or carelessness, the birth injury attorneys at Hodes Milman Ikuta want to offer you our sincere condolences. We are parents, too, and we know what it is like to feel helpless when your baby is hurt in any way.

This is especially true when it comes to putting your trust into the hands of an obstetrician, nurse, or hospital staff member. Even the most experienced professionals can make mistakes, become careless, or slip up under pressure.

We want to help give you answers during this difficult time.

If you don’t find the answers to your questions here and feel you are ready to speak with the birth injury attorneys at Hodes Milman Ikuta, call us today at (949) 640-8222. Our compassionate and experienced staff is ready to give you a free, no-obligation consultation to help you decide where to go from here. We are ready to listen and help you to make the best choice for you and your family.

Birth Injury Diagnosis

Unfortunately, birth injuries happen quite often.

Multiple factors can be responsible for a birth injury, including carelessness and negligence on behalf of an obstetrician. Failure to follow a proper birth plan guide is a common factor as well. Birth injury malpractice could have also occurred if a doctor or nurse failed to appreciate worrisome signs on a fetal monitoring strip, improperly executed a certain technique, or refused to order a C-section delivery. A faulty product – such as a harmful prescription drug – could also be responsible for the injury.

Even if your baby’s ailment was genetic and appeared while the fetus was developing, the doctor can still be held liable in certain instances. For instance, they could be liable for failing to diagnose a condition, misdiagnosing a condition, or failing to provide suitable treatment options.

To be sure that the birth injury was caused by human error or mistake, you’ll need evidence to prove it. An experienced birth injury lawyer can help you obtain necessary documents such as medical records, expert testimonies, and witness statements to build a strong, successful case.

What are Common Birth Injuries?


Birth injuries can be temporary or permanent depending on the type of injury, how it was caused, and the infant who sustained it.

If the injury was a result of medical malpractice, the doctor, nurse, or medical staff might have failed to do one of the following:

  • Appreciate worrisome signs on a fetal monitoring strip
  • Monitor, detect or properly treat an infection
  • Request an emergency Caesarean section
  • Identify and/or treat a prolapsed umbilical cord
  • Use birthing tools correctly (i.e., forceps or suction)

The most common birth injuries from negligence or carelessness include:

Brain Hypoxia

Brain Hypoxia occurs when the brain receives a reduced amount of oxygen while simultaneously maintaining an adequate supply of blood. Often the cause of a birth injury, surgical error, or anesthesia error, symptoms can include sweating, dizziness, reduced vision, sleepiness, and severe brain injury.

Hypoxic-Ischemic Encephalopathy (HIE)

Hypoxic-ischemic encephalopathy (HIE) is a brain injury that occurs in infants when a lack of blood flow leads to oxygen deprivation in the brain. Studies show that most HIE cases are due to a lack of oversight or mishandling of events before birth, though it can also arise from delivery complications. The long-term effects of HIE will vary based on which area of the brain has been affected and how long it went without oxygen.

Erb’s Palsy

Erb’s Palsy (or Erb-Duchenne) is a shoulder dystocia injury that is common, but also serious. Erb’s Palsy occurs when the nerves in the shoulder are injured and affect the spinal cord, arms, and hands. This condition almost always surfaces immediately following birth, whereby the infant is unable to move his or her hand or arm on one side of the body. Each case is different and some symptoms worsen while others go away after a few months.

Klumpke’s Palsy

Klumpke’s Palsy is a type of brachial palsy that affects the brachial plexus and happens when the first thoracic nerve and eighth cervical nerve are damaged before they have had time to join. This condition is a partial paralysis that disturbs a baby’s hand and forearm muscles. It often occurs in situations where the mother is particularly small, while the baby is larger, or when a doctor is aggressive when delivering the baby through the birth canal.

Shoulder Dystocia

Shoulder dystocia occurs when the infant’s shoulder becomes lodged behind the mother’s pubic bone after the head has already emerged. This condition can create risks for both the child and mother. Many times, this issue is not discovered until birth is already in process. However, if your doctor determines that your baby’s size could create shoulder dystocia, he or she may recommend a C-section delivery to avoid this.

Cerebral Palsy

Cerebral palsy affects an infant’s control of movement. There are different types of this condition, such as spastic, athetoid, and ataxic. Often showing within the first few years of life, muscles in the arms and legs become stiff. Physical therapy, drug therapy, or surgery may then be required. Approximately 10,000 babies are born with cerebral palsy each year, according to Cerebral Palsy Guidance. There is no known cure for it.

Facial Paralysis

Facial paralysis causes the infant to lose muscle movement in the face, often as a direct result of pressure on the facial nerve before or at the time of birth. This condition is most obvious when the infant cries. During facial paralysis, the eyelids may not close, the lower face can appear uneven, and an uneven movement of the mouth can be present. Surgery and/or special therapy may help with this.

Spinal Cord Injury

A spinal cord injury is often the result of a head, neck, or back injury, and occurs when the vertebrate is either fractured or dislocated. Damages for this condition are generally irreversible, and can lead to other complications in the body, such as extreme pain throughout, heart failure, bladder dysfunction, pressure sores, and scoliosis.

Necrotizing Enterocolitis

Necrotizing enterocolitis often occurs in premature babies and causes damage to the intestinal tract. Portions of the baby’s bowel tissue do not function, causing a range of symptoms such as vomiting, diarrhea, delayed gastric emptying, abdominal distention, abdominal tenderness, and hematochezia.


If an infection develops during pregnancy, or a pre-existing infection is not properly diagnosed and treated by a doctor or nurse, both the mother and infant can face additional health problems throughout the delivery process. A few of the most common – and dangerous – infections include rubella, chickenpox, syphilis, urinary tract infection, and toxoplasmosis.

Depending on the birth injury, treatment may be possible.

Don’t Delay in Pursuing a Birth Injury Claim

Has your child been affected by any of the above conditions? As difficult as it is to think about, many birth injuries are preventable. Don’t wait to contact the caring and compassionate birth injury attorneys at Hodes Milman Ikuta. We want to help you determine your family’s best course of action, as well as find out if you are entitled to compensation. For a free, private, no-obligation consultation, contact us at (949) 640-8222.

Treatment for Birth Injuries

Since each baby is different, treatment will depend on the type of birth injury and the individual needs of the affected infant.

In severe cases, surgery may be required. Other times, medication may be appropriate enough to treat the injury, such as:

  • Aspirin
  • Corticosteroids
  • Baclofen
  • Dantrolene
  • Topiramate
  • Botox
  • Stool Softeners

Other treatments can include therapy such as physical, hyperbaric oxygen, neonatal therapeutic hypothermia, and occupational therapy. It’s important to consult with a health physician first before pursuing treatment, to avoid the chance of causing more side effects and further complications.

Birth Injury Settlements

For many parents who decide to pursue litigation for a birth injury their baby has endured, it’s seldom about “winning money.” When a family is impacted by a birth injury, they can be highly concerned about providing the best care, treatment, and future their child deserves. A monetary settlement could mean the difference between living with increased limitations and providing your child with specialized care from top experts in the field.

At Hodes Milman Ikuta, we are intimately acquainted with the legal process following a birth injury due to negligence. We have helped countless families just like yours, and understand how challenging this time can be. We want to help you and your family move forward.

We have advocated for hundreds of people who have been wronged or injured because of another’s negligence. The following are just a few cases we have successfully handled on behalf of affected families:


Settlement to a pregnant woman who sustained permanent brain damage from improperly managed respiratory issues.


Awarded to the family of an infant who suffered continuous seizures after hospital negligence.


Settlement awarded to the family of premature triplets after a lack of adherence to protocol causes them to contract infections, resulting in death and brain damage.


Settlement awarded to the family of a baby born with down syndrome after negligent interpretation of prenatal genetic testing.

We are here to ensure that your baby receives the best care and attention available, for both the long and short-term effects of the birth injury. We are glad to answer all of your questions and can help you decide what is right for you and your family.

Contact California Birth Injury Attorneys

You are not alone. Your thoughts, concerns, and questions matter, and the birth injury attorneys at Hodes Milman Ikuta are here for you. From making phone calls on your behalf to collecting medical records, we will handle all aspects of your case, so that you and your family can focus on healing and moving forward with your lives.

Contact us today by calling (949) 640-8222 for a no-cost, no-obligation consultation.

Let us be your advocates.

Birth Injury FAQs

What is an average birth injury settlement amount?

While this is a common question, there is really no such thing as an “average” sum for a birth injury settlement or verdict. Each case is different and will involve varying methods of calculating an overall settlement amount. Our Case Results page shows examples of birth injury settlements we have secured on behalf of our clients. While no monetary amount can undo the damage done, a settlement can help equip you to deal with issues and challenges down the road. 

How is birth injury compensation calculated?

Birth injury compensation is different for each case. However, the following factors may be considered when calculating compensation: 

  • Amount of harm to the infant
  • Degree of negligence or recklessness of the liable party
  • Projected long-term effects of the injury

While no amount of damages can ever undo the permanent effects of birth injury caused by negligence, compensation can help the victim and their family offset the various associated costs. Contact a birth injury lawyer at Hodes Milman Ikuta if you or a loved one needs help with legal representation. 

How long does a birth injury lawsuit take?

There is no set time for how long a birth injury lawsuit can take. Depending on the case, it can take anywhere from 1-2 years, though again, each individual case will vary. A qualified and experienced birth injury lawyer can ensure that your case gets the attention it deserves. While it may seem like a slow process, in the long run, the outcome can provide lasting benefits for your difficult situation. 

How can a birth injury attorney help me?

Birth injury lawsuits can involve complex liability and negligence rules, and take some time to complete. A birth injury attorney can help review the facts of your case and determine the best strategy for your claim. At Hodes Milman Ikuta, we’ll do all the heavy lifting and will prepare all the documents and evidence needed for litigation.  Get in touch with us at (949) 640-8222 for a free, no-obligation consultation about your case.




HMI awards

BBB Badge


HMI team

When you work with us, you’ll see the difference. A lot of firms are quick to show you numbers, and it is absolutely true that your lawyer should have experience and a strong track record in the area that you require. However, we’ll take it one step further. We also believe that your attorney should put your needs, cares and desires first. Because you deserve more than just compensation for your losses - you deserve a true advocate.

HMI team