Birth injuries have a profound impact on families. At Hodes Milman, our California birth injury attorneys have proven experience advocating for families harmed by medical malpractice. Our commitment to your case is unwavering, as we work tirelessly to hold medical professionals accountable for their actions.
We can assist if your family suffered injuries during labor, delivery, or due to negligent post-birth care in the hospital. Contact Hodes Milman by calling our Orange County offices today at (949) 640-8222. Your initial consultation is free, compassionate, and 100% confidential. We are here to answer your questions and represent your family’s interests.
“In October 2020, we needed a law firm to represent us in a medical malpractice lawsuit. After interviewing four law firms in Orange County, we settled on Hodes Milman. From the first Zoom meeting, we felt confident they would give us the attention this case needed.
We highly recommend these two attorneys to represent you if you have a potential malpractice suit. They will not promise you the sun and moon but will work hard to ensure the result! Thank you to two excellent attorneys!”
– Lise S.
California Birth Injury Statistics
It’s no surprise that one of our nation’s biggest states also has a growing birth injury rate. In California:
- Around 70 pregnant persons die annually from pregnancy or childbirth complications.
- When pregnancy doesn’t lead to death, nearly 8 out of every 1,000 live births are subjected to birth injury.
- That means 40 babies a day are born with some type of birth injury.
- Of all hospitals, birth injury is nearly twice as likely to happen in a private, not-for-profit hospital than in a for-profit hospital.
What Qualifies as a Birth Injury in California?
In California, a birth injury is legally defined as any harm or injury to a newborn resulting from medical care. The lapse in care may happen during pregnancy, labor, delivery, or even at home. For an injury to qualify as a birth injury under the law, we must show that medical negligence or error directly contributed to the harm.
If the healthcare provider’s actions or omissions cause the injury, families may pursue legal action. Examples of birth injury include:
- Cerebral Palsy: It may occur due to a lack of oxygen (hypoxia) to the baby’s brain during delivery. Causes of hypoxia include prolonged labor, umbilical cord compression, or placental issues. Failure to recognize or respond to fetal distress signals during labor can lead to brain injury. Misusing forceps or vacuum extraction can increase the risk in some cases.
- Brachial Plexus Injury: Occurs when excessive force or stretching is applied to a baby’s shoulder nerves during delivery. It often results from shoulder dystocia, where the baby’s shoulder becomes lodged behind the mother’s pelvic bone. Doctors may use maneuvers or tools to deliver the baby, which can lead to weakness or paralysis in the affected arm.
- Fractures: Fractures can affect the clavicle (collarbone) and can occur during difficult or obstructed deliveries. For example, if the baby’s delivery requires forceps or vacuum assistance, there’s an increased risk of breaking bones. Clavicle fractures typically heal well, but they can still be painful and require careful management.
- Pitocin-Related Injuries: Pitocin, a synthetic form of oxytocin, induces or accelerates labor. If administered improperly, Pitocin can overstimulate the uterus, causing excessively strong contractions. These intense contractions can restrict blood flow to the baby, increasing the risk of hypoxia and cerebral palsy. Pitocin can also increase the likelihood of uterine rupture or fetal distress.
While birth injury lawyers primarily focus on injuries to the child, we also handle cases involving maternal injuries resulting from medical negligence during childbirth:
- If the child is delivered safely and the mother is unnecessarily harmed during the process, this is still considered a birth injury.
- If both the child and birthing parent are harmed, each has the right to seek justice for their injuries.
In pursuing all avenues of compensation, your family can maximize your take-home funds to help adjust to your new normal.
What Can a Birth Injury Attorney in California Do for My Case?
Our birth injury lawyers in California will play many roles in your case, including:
- Valuation: Your lawyer assesses the details of your case and considers factors such as negligence, medical malpractice, and the severity of the birth injury to help calculate the full financial support you may qualify for.
- Investigation: When our birth injury lawyers agree to represent you, they will thoroughly investigate the case. We will arrange eyewitness interviews and testimonies to build a case that can prove your healthcare provider’s negligence or wrongdoing that led to the birth injury.
- Negotiation: Lastly, your birth injury attorney uses all the evidence we’ve documented to engage in negotiations with the opposing party. Typically, this means advocating for your rights against the healthcare provider’s insurance company. Our lawyers will take your case to court to argue before a judge or jury if we cannot promptly reach a fair settlement.
How Can a California Birth Injury Lawsuit Help Your Family?
A California birth injury attorney will advise the best settlement options to cover your expenses:
- Medical expenses: In California, settlements often cover past and future medical bills. This includes future surgeries, medications, therapy, and devices required for your child’s injuries.
- Rehabilitation, in-home care, and special education: A good California birth injury lawyer will fight for costs associated with rehabilitation and therapy. This includes expenses for caregivers or specialized equipment necessary for the child’s daily care and well-being. As the child grows, this also means funds related to special education programs or services tailored to meet the child’s needs.
- Pain and suffering: Your family has the right to seek compensation for the physical pain and emotional suffering of the child. The emotional distress of parents and siblings may also be considered.
- Loss of earnings: If the child’s injuries result in reduced future earning capacity, your settlement may cover these losses. Similarly, if you or your spouse lose out on employment or income due to caring for your child’s injuries, these losses also deserve compensation.
- Wrongful death: If birth injuries cause your child’s precious new life to end, your family may be eligible for compensation. Though these funds will never be enough to replace your child, they can help your family heal.
Sometimes, the court may also award exceptional damages to punish the doctor or hospital for misconduct.
Consult with an experienced California birth injury firm to assess the specific circumstances of your case. Our attorneys at Hodes Milman will help determine the actual cost of your losses and pursue compensation for the suffering you’ve endured.
While not every birth goes according to plan, our guide is meant to help new and expecting parents prepare for all circumstances. Read the full guide here.
Settlements Our California Birth Injury Law Firm Has Recovered
At Hodes Milman, our team has recovered over $200 million in damages for injury, complication, and medical negligence or malpractice. Below is just a fraction of what we’ve been able to achieve for our clients:
- A $5.7 million settlement for a client and her child suffering from a pitocin overdose. The hospital and the OBGYN’s failure to properly monitor our client and her baby during labor had robbed them of a healthy birth.
- About $7.9 million was awarded for medical negligence resulting in hypoxic-ischemic encephalopathy.
- A settlement resulting in $5.7 million for a 17-year-old pregnant woman suffered profound and permanent brain damage resulting from the hospital staff’s alleged failure to manage her respiratory issues properly.
The average birth injury award in California is over $1 million. A Martindale-Nolo study shows that many receive better, fairer compensation with the help of competent attorneys.
To get justice for your child, reach out as soon as possible. The statute of limitations in California may bar you from seeking compensation in the future.
Contact a birth injury attorney by calling Hodes Milman at (949) 640-8222. We can help document the evidence necessary for a successful lawsuit and protect your family’s rights and privacy.
With decades of experience, Hodes Milman fought for the justice and financial support these families needed to care for their children’s future.
The birth injury lawyers at Hodes Milman understand the emotional toll that these cases can take on families. We will carefully handle the intricacies of your case to ease stresses about the legal process.
Contact Hodes Milman for Support from a Birth Injury Lawyer in California
“Protecting our children from medical negligence is not just about seeking justice for past wrongs—it’s about safeguarding their future. Every child deserves safe, attentive care, and we are committed to holding those accountable who compromise that right.”
– Daniel Hodes | Attorney at Hodes Milman
A birth injury lawyer is your advocate. We work to protect your rights and secure the financial resources needed to provide the best possible care and quality of life for your child. You can rely on our proven experience to navigate the complexities of birth injury cases and achieve the best possible outcome for your family.
Why Hire Hodes Milman
Our lawyers have years of experience in proving birth injury settlements, which have yielded substantial results for families:
- $6 million for a twin whose growth was stunted due to negligence during the birthing process.
- $5.7 million for a child harmed by sustained insufficient oxygen (over an hour without hospital staff noticing the baby’s distress).
- $4.2 million for injuries related to hypoxic-ischemic encephalopathy due to the mishandling of protracted labor.
The birth injury attorneys at Hodes Milman are here to assist if you suspect negligence or carelessness led to your child’s birth injury. Our 30 years of experience have helped countless families get justice for their pain and suffering.
From making phone calls on your behalf to collecting medical records to negotiations with insurance reps, we will handle all aspects of your case. In the meantime, you and your family deserve to focus on healing and moving forward with your lives.
You can contact us online or by calling (949) 640-8222—we’ll be happy to help.
Proudly Representing California Residents
California Birth Injury Attorney: Frequently Asked Questions
What other birth injury cases have Hodes Milman won or settled?
The following are a few additional cases we have successfully handled on behalf of affected families:
- $4.1 million awarded to the family of an infant who suffered continuous seizures after hospital negligence.
- $2.5 million settled for the family of premature triplets after a lack of adherence to protocol caused them to contract infections, resulting in death and brain damage.
- $1.7 million secured for 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.
Can I afford a birth injury lawyer?
At Hodes Milman, our attorneys work on a “contingency fee” basis, which means you pay no money upfront, and owe us nothing if we cannot deliver a settlement for you.
We are confident in our ability to see your case through, and so we invest our funds in building the foundation of the argument. If that means expert witnesses, digital recreation artists, and hours worked now for later compensation, then that is exactly what we do for our clients.
Can I settle a birth injury lawsuit out of court?
It is possible to settle your claim without filing a formal lawsuit or going to court. In fact, many birth injury cases are settled out of court through negotiation between your attorney and the healthcare provider’s insurance company.
However, if a fair settlement cannot be reached, we are fully prepared to take your case through to trial and verdict. Jury- and judge-issued decisions often include payouts higher than what the opposing counsel would agree to in a settlement, which provides greater resources for your family to build a future.
How long do I have to file a birth injury lawsuit?
The statute of limitations or filing deadline for birth injury lawsuits varies by state. In California, some multiple factors and exceptions could apply to your case.
For a baby, you may have up to 8 years to file a lawsuit. For older children, injuries caused by medical malpractice during birth can be pursued up to 1 year from the date the injury was discovered or diagnosed. For parental/maternal birth injuries due to medical malpractice, the general limit is 3 years from the injury or 1 year after the discovery of the injury. In cases with multiple injuries or points of negligence, these timelines can overlap and cross one another.
ABOUT HODES MILMAN
Hodes Milman has won $200 million and has over 30 years of experience securing justice for victims of negligence. We are proud to call our clients family and offer them the resourceful, committed and accessible legal advocacy they deserve.
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MEET THE ATTORNEYS
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.
