About three babies every hour suffer birth injuries in the United States. Many of these injuries are preventable. When doctors and nurses at Mission Viejo hospitals fail to follow proper protocols during labor and delivery, the consequences can last a lifetime.
Hodes Milman represents families whose children were harmed by medical negligence during birth. Our attorneys have spent decades handling birth injury cases against hospitals throughout Southern California, including:
- Mission Hospital Mission Viejo,
- Saddleback Medical Center,
- CHOC Children’s at Mission Hospital, and
- Kaiser Permanente.
We’ve recovered over $200 million in verdicts and settlements—results that have helped families afford lifelong care, therapies, and support for their children.
If your child was injured during birth at a Mission Viejo hospital, call (949) 640-8222 or contact us online to start your free consultation with a Mission Viejo birth injury lawyer.
Types of Birth Injuries
Birth injuries range from mild conditions that resolve with treatment to permanent disabilities requiring lifelong care. The injuries we see most frequently in Mission Viejo cases include:
Hypoxic-Ischemic Encephalopathy (HIE)
When a baby’s brain is deprived of oxygen during labor or delivery, the result can be HIE. This condition damages brain tissue and may cause developmental delays, seizures, learning disabilities, and problems with motor function. The severity depends on how long the oxygen deprivation lasted and how quickly medical staff intervened.
Cerebral Palsy
Cerebral palsy affects muscle control, coordination, and movement. It is frequently connected to oxygen deprivation or physical trauma during birth. Children with cerebral palsy may need wheelchairs, walkers, physical therapy, and assistance with daily activities throughout their lives.
Erb’s Palsy and Brachial Plexus Injuries
The brachial plexus is a network of nerves running from the spine through the shoulder and down the arm. During difficult deliveries, particularly those involving shoulder dystocia, these nerves can be stretched or torn. The result is weakness or paralysis in the affected arm, sometimes permanent.
Brain Bleeds and Skull Fractures
Forceps and vacuum extractors help doctors deliver babies in complicated situations. When used improperly, these tools can cause bleeding inside the skull or fractures to the baby’s head. The damage may not be immediately apparent, but it can lead to cognitive and developmental problems.
Kernicterus
Newborn jaundice is common and usually harmless when treated promptly. Left untreated, high bilirubin levels can cause kernicterus, a form of brain damage that affects hearing, vision, and motor control. This injury is entirely preventable with proper monitoring and phototherapy.
What Causes Birth Injuries?
Childbirth carries inherent risks, but trained medical professionals know how to manage those risks. Birth injuries typically occur when doctors, nurses, or hospital staff make errors in judgment or fail to respond appropriately to warning signs.
Delayed Response to Fetal Distress
Fetal heart monitors track the baby’s condition throughout labor. When the heart rate drops or shows other signs of distress, the medical team must act quickly. A delay in ordering an emergency C-section can mean the difference between a healthy baby and one with permanent brain damage.
Misuse of Delivery Instruments
Forceps and vacuum extractors require skill and caution. Excessive force or improper positioning can cause skull fractures, brain bleeds, nerve damage, and other injuries. In some cases, these tools are used when a C-section would have been safer.
Medication Errors
Pitocin and other labor-inducing drugs must be administered carefully. Too much can cause contractions that are too strong or too frequent, reducing oxygen flow to the baby. Errors in dosage or timing put both mother and child at risk.
Failure to Manage Maternal Conditions
Preeclampsia, gestational diabetes, infections, and other maternal health issues require close monitoring. When medical staff fail to recognize symptoms or delay treatment, the consequences can extend to the baby.
Inadequate Postnatal Care
The hours and days after birth are critical. Failure to monitor for jaundice, breathing problems, or signs of infection can allow treatable conditions to become permanent injuries.
Can I Sue a Doctor or Hospital for My Child’s Birth Injury?
California law allows families to file medical malpractice claims when a healthcare provider’s negligence causes harm. To pursue a claim, you need to establish that the doctor, nurse, or hospital failed to meet the accepted standard of care and that this failure directly caused your child’s injury.
What Does “Standard of Care” Mean?
The standard of care refers to what a reasonably competent medical professional would do under similar circumstances. If a doctor in Mission Viejo makes a decision that other qualified doctors would consider unreasonable or unsafe, that may constitute negligence.
How a Birth Injury Lawsuit Helps Families
Medical negligence cases hold healthcare providers accountable for preventable harm. They also provide families with financial resources to cover the costs of caring for an injured child, which can be substantial and ongoing.
A Mission Viejo birth injury lawsuit may help your family:
- Pay for therapies your child needs, including physical, occupational, and speech therapy;
- Cover medical equipment such as wheelchairs, braces, and communication devices;
- Afford in-home nursing care or assistance with daily activities;
- Modify your home for accessibility;
- Replace income if a parent must leave work to become a full-time caregiver; and
- Address the emotional toll on your family.
Birth Injuries Are Preventable. Answers Are Available.
If your child suffered harm during delivery at a Mission Viejo hospital, you have the right to know what happened and whether negligence played a role.
Our Mission Viejo birth injury lawyers can review medical records and help you understand your family’s legal options. Contact us at (949) 640-8222 for a free, confidential case review.
What Compensation Can I Seek for My Child’s Birth Injury?
Birth injury cases in California may include compensation for both economic and non-economic damages.
Economic Damages
These cover the financial costs associated with your child’s injury:
- Past and future medical expenses, including surgeries, hospital stays, medications, and specialist visits;
- Rehabilitation and therapy costs;
- Adaptive equipment and assistive technology;
- Home modifications for accessibility;
- Special education services;
- In-home care and nursing support; and
- Lost wages for parents who reduce work hours or leave jobs to provide care.
Noneconomic Damages
These address the personal impact on your child and family:
- Your child’s physical pain and discomfort;
- Emotional distress experienced by the child and parents;
- Reduced quality of life; and
- Loss of future opportunities.
California does cap non-economic damages in medical malpractice cases under the Medical Injury Compensation Reform Act (MICRA). An experienced Mission Viejo birth injury attorney can explain how these limits may affect your case.
Our Team Fights for the Justice You and Your Baby Deserve
Hodes Milman has represented families in birth injury cases for decades. Our results reflect what is possible when experienced attorneys take on providers, hospitals and healthcare systems:
- $7.9 million for a child who developed cerebral palsy due to a delayed emergency C-section;
- $5.4 million following a vacuum-assisted delivery that caused severe brain bleeding;
- $6.1 million for a newborn with HIE after staff failed to respond to clear signs of oxygen deprivation; and
- $3.8 million for a family whose child developed Erb’s palsy due to improper management of shoulder dystocia.
These recoveries allowed families to secure the care, equipment, and support their children will need for years to come. A nationwide survey found that over 90% of people who hired a lawyer received a settlement or award, compared to approximately 50% of those who handled their claim without legal representation.
How Our Mission Viejo Birth Injury Lawyers Can Help Your Family
Pursuing a birth injury claim while caring for an injured child is difficult. A birth injury attorney in Mission Viejo can handle the legal work so you can focus on your family.
Investigating What Happened
Birth injuries often result from a chain of decisions made over hours or days. We obtain delivery records, nursing notes, fetal monitoring strips, and other medical documentation to reconstruct what occurred and identify where the standard of care was breached.
Building Your Case
Medical malpractice cases require a detailed understanding of obstetric medicine, hospital protocols, and standards of care. Our Mission Viejo birth injury attorneys have decades of experience in this specialized area and know what it takes to prove negligence.
Taking On Providers, Hospitals and Healthcare Systems
Hospitals have legal teams and insurance resources dedicated to defending malpractice claims. We have the experience and resources to take on major healthcare institutions and providers and hold them accountable.
Keeping You Informed
You’ll know what’s happening with your case at every stage. We answer questions, explain your options, and make sure you understand the process.
Learn How Birth Injury Cases Work
For families who want to understand the legal process, Dan Hodes discusses how birth injury and medical malpractice claims are evaluated in this podcast episode:
Why Choose Hodes Milman?
Our firm has spent decades representing patients and families in medical malpractice cases throughout Southern California. With over 100 years of combined legal experience and more than $200 million in verdicts and settlements, we have the track record and resources to take on the healthcare institutions responsible for your child’s injury.
We keep our caseload limited so we can give each family the attention their case requires. Clients do not pay upfront. We cover the costs and only collect a fee if we recover compensation for you. That approach allows families to pursue accountability even when facing billion-dollar healthcare organizations.
When you hire Hodes Milman, you get a team that takes your case seriously.
“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 and Managing Partner, Hodes Milman
Talk to a Mission Viejo Birth Injury Attorney Today
If your child was harmed during birth at a Mission Viejo hospital, you have the right to seek answers and pursue accountability. At Hodes Milman, we’ve helped families throughout Southern California hold negligent healthcare providers responsible and secure the resources their children need.
Your consultation is free and confidential. Message us or call (949) 640-8222 to speak with a birth injury lawyer in Mission Viejo about your family’s legal options.
Mission Viejo Birth Injury Lawyer FAQs
What is a birth injury, and how does it differ from a congenital birth defect?
A birth injury is harm that occurs during pregnancy, labor, delivery, or shortly after birth, typically due to physical trauma or oxygen deprivation. A birth defect is a structural or genetic abnormality that develops before birth and is not caused by the delivery process.
Birth injuries are often preventable when medical staff follow proper protocols. Birth defects generally are not the result of medical negligence.
What if multiple doctors were involved in my baby’s delivery?
Birth injury cases often involve several healthcare providers, including obstetricians, nurses, anesthesiologists, and hospital staff. Each provider has a duty to meet the standard of care. Our attorneys investigate the roles of everyone involved and identify all parties whose negligence may have contributed to your child’s injury.
How long do I have to file a birth injury lawsuit in Mission Viejo?
California law generally allows three years to file a medical malpractice claim, but exceptions may apply depending on the circumstances. For injuries to minors, different rules may extend the filing deadline. Speaking with a birth injury lawyer in Mission Viejo promptly helps preserve your options and ensures critical evidence is not lost.
Can I afford a Mission Viejo birth injury attorney?
Hodes Milman works on a contingency fee basis. You pay nothing upfront, and we only collect a fee if we recover compensation for your family. If we do not win your case, you owe us nothing. This arrangement allows families to pursue justice regardless of their financial situation.
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.