You trusted the doctors and nurses to keep your baby safe. You followed every instruction, attended every appointment, and prepared for the day you would bring your child home. When something went wrong during delivery, everything changed.
Now you’re left with questions:
- Did the medical team at Hoag Hospital Newport Beach, Orange Coast Medical Center, or UCI Medical Center make a preventable mistake?
- Could a different decision have changed the outcome?
At Hodes Milman, we help families like yours find those answers. Our attorneys have spent decades holding hospitals accountable for medical errors that harm newborns.
We’ve recovered over $200 million in verdicts and settlements for families throughout Southern California, and we understand what it takes to pursue a birth injury case while protecting your family’s well-being.
They Believed in Me When No One Else Would
“My daughter was born with a disability due to doctor neglect. I emailed over 200 lawyers over a 2-year time span. I had ONE lawyer believe in my case, and he worked with Jeff Milman over the next year to build it. Jeff won my case, and I cannot thank him enough for believing in me!! He was so pleasant to work with and professional. I will forever be thankful to him and his team.”
— Kymbirley B., Client of Hodes Milman
If your child suffered a birth injury, contact us online or call (949) 640-8222 to speak with a Costa Mesa birth injury lawyer about your case.
Understanding Birth Injuries
About three babies every hour suffer birth injuries in the United States. That number is staggering, but what makes it worse is that many of these injuries are preventable.
Childbirth involves risks, but hospitals and medical providers have established protocols designed to minimize those risks. When doctors monitor fetal heart rates, respond to signs of distress, and make timely decisions about interventions, most deliveries result in healthy babies and mothers.
Birth injuries happen when those protocols break down. A nurse fails to notice warning signs on the fetal monitor. A doctor delays ordering a C-section when the baby is in distress. An inexperienced resident exerts excessive force during a difficult delivery.
These are not unavoidable complications. They are mistakes.
Costa Mesa families who deliver at area hospitals expect their medical teams to follow basic safety standards. When providers at Hoag Hospital Newport Beach, Orange Coast Medical Center, or UCI Medical Center fail to meet those standards, the consequences fall on families who did nothing wrong.
Types of Cases Our Costa Mesa Birth Injury Lawyers Handle
Birth injuries take many forms, and the severity ranges from conditions that improve with therapy to permanent disabilities requiring lifelong care.
Brain Injuries from Oxygen Deprivation
When a baby’s brain goes without adequate oxygen during labor or delivery, the damage can be devastating. Hypoxic-ischemic encephalopathy (HIE) occurs when oxygen deprivation injures brain tissue, leading to developmental delays, seizures, and difficulties with motor skills. The longer the brain goes without oxygen, the more severe the injury.
Cerebral Palsy
Cerebral palsy affects movement, muscle tone, and coordination. Many cases are linked to oxygen deprivation or trauma during birth. Children with cerebral palsy may need mobility aids, physical therapy, and assistance with daily tasks for the rest of their lives.
Nerve Damage to the Arm and Shoulder
Erb’s palsy and other brachial plexus injuries occur when the nerves connecting the spine to the arm are stretched or torn during delivery. This happens most frequently when shoulder dystocia (the baby’s shoulder becoming stuck) is handled improperly. The result can be permanent weakness or paralysis in the affected arm.
Injuries from Delivery Instruments
Forceps and vacuum extractors can help doctors deliver babies safely when used correctly. When misused, they can cause brain bleeds, skull fractures, and other serious injuries. These tools require training and judgment, and errors during high-pressure deliveries can have lasting consequences.
Preventable Brain Damage from Jaundice
Kernicterus is a form of brain damage caused by untreated severe jaundice. Jaundice is common in newborns and easily treated with phototherapy. When medical staff fail to monitor bilirubin levels or delay treatment, a treatable condition becomes a permanent injury affecting hearing, vision, and movement.
How Do I Know If My Child’s Injury Was Caused by Medical Negligence?
Not every birth injury results from a mistake. Some injuries occur despite proper medical care. The question is whether your child’s injury could have been prevented if the medical team had acted differently.
Here are situations where negligence may have played a role:
- Warning signs were ignored. Fetal heart monitors exist to alert medical staff when a baby is in distress. If the monitors showed problems and the team failed to respond, that delay may have caused or worsened your child’s injury.
- A C-section was delayed. When vaginal delivery becomes dangerous for the baby, a timely C-section can prevent brain damage and other injuries. Delays in making that decision, whether due to miscommunication, understaffing, or poor judgment, can have permanent consequences.
- Too much force was used. Difficult deliveries require careful technique. When doctors pull too hard on a baby’s head or shoulders, or when delivery instruments are misused, the result can be nerve damage, broken bones, or brain injuries.
- Medications were mismanaged. Pitocin speeds up labor by strengthening contractions. When given in incorrect doses or without proper monitoring, it can cause contractions so intense that they cut off the baby’s oxygen supply.
- Postnatal problems were missed. The hours and days after birth require careful monitoring. Jaundice, infections, and breathing problems can all cause serious harm if not identified and treated promptly.
If any of these situations sound familiar, a Costa Mesa birth injury lawyer can review your child’s medical records and help determine whether negligence contributed to the injury.
Your Child’s Future Matters. So Do Your Questions.
If you suspect your baby was harmed by a medical mistake during delivery, you have the right to find out what happened. Our Costa Mesa birth injury attorneys can review the circumstances of your delivery and explain your family’s legal options.
Contact us now at (949) 640-8222 for a free case review.
Who Can Be Held Liable for My Baby’s Birth Injury?
Birth injury cases may involve multiple parties, depending on who made the errors that caused your child’s harm.
Doctors
Obstetricians, anesthesiologists, and other physicians have a duty to provide care that meets accepted medical standards. When a doctor’s decisions or actions fall below that standard and cause injury, they can be held personally liable.
Nurses and Medical Staff
Nurses monitor mothers and babies throughout labor and delivery. They are often the first to notice warning signs. When nurses fail to communicate concerns to doctors, miss critical changes in fetal heart rate, or make medication errors, they share responsibility for the resulting harm.
Hospitals
Hospitals can be held liable for their employees’ actions. They can also face liability for systemic failures: inadequate staffing, faulty equipment, poor training, or policies that prioritize cost-cutting over patient safety.
In Costa Mesa, families who delivered at Hoag Hospital Newport Beach, Orange Coast Medical Center, or UCI Medical Center may have claims against the facility itself, the individual providers, or both.
Learn How Birth Injury Cases Work
Dan Hodes has spent over 40 years representing families in birth injury and medical malpractice cases. In this podcast episode, he discusses how these claims are evaluated, what legal teams look for, and what families can expect throughout the process.
Can I Recover Compensation for My Child’s Birth Injury?
California law allows families to seek compensation when medical negligence causes a birth injury. A successful claim can provide the financial resources your family needs to care for your child now and in the future.
What Compensation Covers
A Costa Mesa birth injury lawsuit may recover damages for:
- Medical expenses your family has already paid;
- Future medical costs, including surgeries, therapies, medications, and specialist care;
- Adaptive equipment such as wheelchairs, braces, and communication devices;
- Home modifications to accommodate your child’s needs;
- In-home nursing or caregiver support;
- Special education and developmental services;
- Lost income if a parent must reduce work hours or leave a job to provide care;
- Your child’s pain and suffering; and
- Emotional distress experienced by parents and family members.
How a Birth Injury Lawsuit Helps Costa Mesa Families
Children with birth injuries often require care that extends for decades. The costs add up quickly, and insurance rarely covers everything. A birth injury settlement can provide the financial foundation your family needs to access therapies, hire caregivers, and plan for your child’s long-term needs without the constant pressure of medical debt.
A Martindale-Nolo survey found that over 90% of families who worked with an attorney received compensation, compared to approximately 50% of those who handled claims without legal representation.
What Settlements Have Meant for Families Like Yours
Behind every settlement is a family that needed help. Here is what our results have made possible:
- A child born with cerebral palsy after doctors delayed an emergency c-section. The $7.9 million recovery allowed the family to purchase a wheelchair-accessible van, modify their home, and secure in-home nursing care so both parents could continue working.
- A newborn who suffered brain bleeding from a vacuum-assisted delivery. The $5.4 million settlement funded years of occupational and physical therapy, specialized medical equipment, and a trust to provide for the child’s care into adulthood.
- A baby diagnosed with HIE after staff failed to respond to clear signs of oxygen deprivation. With $6.1 million, the family was able to access cutting-edge therapies, hire trained caregivers, and ensure their child would never go without the support she needs.
- A child whose arm was permanently damaged due to improper management of shoulder dystocia. The $3.8 million recovery covered surgeries, ongoing rehabilitation, and compensation for the limitations the child will face throughout life.
These families came to us with questions and left with the resources to give their children the best possible future.
How Long Do I Have to File a Birth Injury Lawsuit in Costa Mesa?
California law sets deadlines for medical malpractice claims. In most cases, you have three years from the date of injury to file a lawsuit. For injuries to minors, the timeline may be extended, but waiting too long can jeopardize your case.
Evidence disappears over time. Medical records may be harder to obtain. Witnesses forget details. The sooner you speak with a Costa Mesa birth injury attorney, the easier it is to preserve the information needed to build a strong case.
If you have questions about the timeline for your family’s situation, contact Hodes Milman for a free consultation. Our firm has represented families throughout Costa Mesa and Orange County for decades, and we understand the hospitals and healthcare systems in this community.
“No parent should have to fight for justice while caring for an injured child, but too often, that’s exactly what happens. Families deserve accountability when medical mistakes cause harm.”
— Dan Hodes, Founder & Managing Partner
Get Help From a Top-Rated Birth Injury Lawyer in Costa Mesa
If your child was injured during birth at a Costa Mesa area hospital, Hodes Milman is here to help your family find answers and pursue accountability.
Our attorneys have over 100 years of combined experience handling birth injury and medical malpractice cases throughout Southern California, including cases involving Orange County hospitals that serve Costa Mesa families.
We keep our caseload limited so we can give each family the attention their case requires. You pay nothing upfront, and we only collect a fee if we recover compensation for your family.
Call (949) 640-8222 or contact us online to schedule a free, confidential consultation with a Costa Mesa birth injury attorney.
Common Questions About Birth Injury Claims
Do I need my child's diagnosis before contacting a birth injury attorney in Costa Mesa?
Not at all. Many parents call us while their child is still undergoing testing or before specialists have provided a definitive diagnosis. What matters is whether you have concerns about what happened during delivery. We can obtain medical records, have them reviewed, and help connect the dots between what occurred in the delivery room and your child’s current condition.
Can a birth injury lawsuit in Costa Mesa include emotional distress for parents?
It can. Watching your child suffer because of someone else’s mistake takes a psychological toll that California law acknowledges. Parents who have experienced trauma from the birth, who now provide round-the-clock care, or who have had to restructure their lives around their child’s needs may be entitled to compensation for that emotional burden separately from their child’s damages.
Will I need to go to court if I file a birth injury claim?
Probably not. The vast majority of birth injury cases resolve through settlement negotiations before a trial becomes necessary. That said, we build every case with the courtroom in mind. If the other side won’t agree to fair compensation, we’re ready to present your family’s case to a jury.
Can I afford a Costa Mesa birth injury lawyer?
Yes. Our firm handles birth injury cases on a contingency basis, which means we advance all costs and only get paid if your family receives compensation. There are no hourly bills, no retainers, and no fees if we don’t win. Families facing medical expenses and lost income shouldn’t have to worry about affording legal help on top of everything else.
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.
HONORS & AWARDS
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.