California Birth Injury Lawyers

The birth of a child should fill a family with joy, hope, and excitement for the future. However, medical negligence during the birthing process can result in devastating consequences. Birth injuries can lead to lifelong disabilities, immense emotional trauma, and, in the most tragic cases, the loss of a precious newborn life. 

As a parent grappling with the aftermath of a birth injury in California, you may feel overwhelmed, confused, and unsure of where to turn for help. The California birth injury lawyers at Galine, Frye, Fitting & Frangos, LLP, can advocate for you and your child. 

Our compassionate and experienced birth injury attorneys understand the immense pain and suffering you and your family are going through. We recognize that no amount of financial compensation can ever erase the trauma endured.

Still, we are committed to helping you seek justice and secure the resources necessary to provide your child with the best possible care and support.

Our team understands that the road ahead may be long and difficult, but we are here to provide unwavering support and guidance throughout the legal process. We handle all aspects of your claim, from gathering evidence and negotiating with insurance companies to representing you in court if necessary.

Our goal is to alleviate the legal burden from your shoulders, allowing you to focus on what matters most – the well-being of your child and your family.

Why Choose Galine, Frye, Fitting & Frangos LLP for Your California Birth Injury Claim?

Birth injury claims in California are notoriously complex, involving intricate medical and legal issues. Proving negligence on the part of healthcare providers requires extensive investigation, expert testimony, and an understanding of the state's medical malpractice laws.

Insurance companies and healthcare institutions often have powerful legal teams working tirelessly to minimize their liability, making it challenging for families to navigate the legal system. 

With decades of combined experience handling birth injury cases throughout California, we have the knowledge, resources, and dedication necessary to build a strong case on your behalf.

We work closely with medical experts to identify instances of negligence, such as failure to monitor fetal distress, improper use of forceps or vacuum extractors, or delayed C-sections, and we tirelessly advocate for your rights every step of the way. 

If your child has suffered a birth injury in California due to medical negligence, do not hesitate to seek the help you deserve.

Contact the compassionate and skilled Bay Area personal injury attorneys at Galine, Frye, Fitting & Frangos, LLP today for a free, confidential consultation. Together, we can seek justice for your child and hold negligent parties accountable for their actions.

Where to Find Our Firm

The law firm of Galine, Frye, Fitting & Frangos, LLP, has four locations in California, in San Mateo, Hayward, San Jose, and Santa Barbara, putting help within easy reach.

Our main office in San Mateo is located in Central San Mateo near Hayward Park, conveniently just off Highway 92. You can find us at 411 Borel Avenue, #405, San Mateo, CA 94402. Call the firm at 650-345-8484 to schedule a confidential, free consultation, or contact us online.

What Is a Birth Injury?

A birth injury refers to any damage or harm that occurs to a baby during the process of labor and delivery. These injuries can happen due to a variety of factors, including medical negligence, complications during childbirth, or inherent risks associated with the birthing process. 

Birth injuries can range from mild bruising or lacerations to more severe conditions such as cerebral palsy, brachial plexus injuries, or brain damage. These injuries can have both short-term and long-term effects on the child's physical, cognitive, and emotional development. 

While some injuries to the mother during childbirth, such as perineal tears or postpartum hemorrhage, may be considered complications of the birthing process, they are not typically included in the definition of birth injuries.

Birth injuries specifically refer to the harm sustained by the baby during labor and delivery.

Birth Injuries and Infant Mortality Rates

A recent report on birth trauma published by the National Institutes of Health (NIH) indicates birth injuries nationwide have declined over the past few decades. This is attributed to improvements in obstetric techniques and increased use of cesarean deliveries in cases of difficult vaginal deliveries. 

According to the National Vital Statistics Report, the birth trauma rate decreased from 2.6 per 1,000 live births in 2004 to 1.9 per 1,000 live births in 2012. 

Accidents (unintentional injuries) were the fourth leading cause of infant deaths nationwide in the most recent CDC report. They accounted for 1,354 deaths or 6.6% of infant deaths.

Also included in the top 10 causes of infant death were conditions that may result from lack of proper medical diagnosis or care, including complications of placenta, cord, and membranes; bacterial sepsis of newborn; respiratory distress of newborn; and intrauterine hypoxia and birth asphyxia.

Infant Mortality Nationwide

In its most recent Report Card on the State of Maternal and Infant Health for American Families, the March of Dimes noted the U.S. remains among the most dangerous developed nations for childbirth.

Data from the Centers for Disease Control and Prevention (CDC) showed a 3% increase in infant mortality in one recent year—the largest spike in over two decades. 

The provisional infant mortality rate for the United States is 5.60 infant deaths per 1,000 live births. The neonatal mortality rate was 3.58, and the post-neonatal mortality rate was 2.02.

The death rate for infants born in hospitals is 4.46 deaths for every 10,000 births. For infants born in planned home births attended by midwives, the death rate is 9.37 deaths for every 10,000 births.

California Infant Statistics

According to a recent State of Babies report, in California, babies account for  3.3 percent of the state’s population. The report counted 1,296,640 babies and toddlers ages 0 to 3 years old. 

The CDC reports that in California there were 1,713 deaths per 420,608 births in 2021, a rate of 4.07%. Its most recent study shows a slight increase in these statistics, finding 1,724 deaths per 419,104 births, a rate of 4.11%.

Common Birth Injuries

Birth injuries can have devastating consequences for both the child and the family. While some birth injuries may resolve on their own, others can lead to lifelong disabilities or even death.

Understanding the most common types of birth injuries can help parents recognize when medical negligence may have occurred and seek the help they need to protect their child's rights. 

Some of the most common birth injuries include:

• Cerebral Palsy: Cerebral palsy is a group of disorders that affect a child's movement, balance, and posture caused by damage to the developing brain before, during, or shortly after birth. Medical negligence, such as failure to monitor fetal distress or delayed C-section, can lead to cerebral palsy.
• Brachial Plexus Injuries: The brachial plexus is a network of nerves that control movement and sensation in the shoulder, arm, and hand. Brachial plexus injuries can occur when these nerves stretch, tear, or compress during delivery, often due to improper use of forceps or vacuum extractors.
• Hypoxic-Ischemic Encephalopathy (HIE): HIE is a type of brain damage that occurs when the baby's brain loses oxygen or blood flow during labor or delivery. It can result from prolonged labor, umbilical cord complications, or failure to recognize and address fetal distress.
• Fractures: Fractures, particularly of the clavicle (collarbone) or skull, can occur during difficult or prolonged labor. Improper use of forceps or excessive force during delivery can also cause fractures.
• Facial Paralysis: Facial nerve damage can occur due to pressure on the baby's face during delivery or improper use of forceps. This can result in facial paralysis, which may be temporary or permanent.
• Spinal Cord Injuries: Spinal cord injuries can occur due to excessive traction or rotation of the baby's head during delivery. These injuries can lead to partial or total paralysis, depending on the location and severity of the damage.

Does California Law Distinguish Between Birth Injury and Birth Trauma?

In the context of medical malpractice and personal injury law in California, the terms birth injury and birth trauma are often used interchangeably. However, subtle differences between the two terms are worth noting.

Birth Injury

A birth injury refers to any harm or damage that occurs to the baby during the process of labor and delivery. Birth injuries are typically caused by medical negligence, such as failure to properly monitor the baby's condition, delayed C-sections, or improper use of forceps or vacuum extractors. Examples of birth injuries include cerebral palsy, brachial plexus injuries, and HIE.

Birth Trauma

Birth trauma, on the other hand, is a more specific term that refers to physical injuries sustained by the baby during the birthing process. These injuries are often caused by mechanical forces, such as compression, traction, or twisting of the baby's body during labor and delivery.

Examples of birth trauma include fractures, bruising, and lacerations.

While birth trauma is a type of birth injury, not all birth injuries are necessarily a result of physical trauma. For example, HIE is a birth injury that occurs when the baby's brain is deprived of oxygen or blood flow, but it may not involve any direct physical trauma to the baby's body. 

Under California law, both birth injuries and birth trauma may result in a medical malpractice claim if the negligence of a healthcare provider causes them.

Conditions that May Lead to Birth Injuries

Several conditions during labor and delivery can lead to birth injuries if medical professionals do not promptly diagnose and properly manage them.

These include:

• Prolonged or Difficult Labor: When labor progress is slow or stops altogether, the baby may experience distress, leading to oxygen deprivation and potential brain damage. Physicians should monitor the mother and baby closely and intervene to prevent harm.
• Fetal Distress: Fetal distress refers to signs that the baby is not receiving enough oxygen during labor, such as abnormal heart rate patterns. It can result in brain damage or other birth injuries.
• Abnormal Fetal Presentation: When a baby is not in the standard head-down position during delivery (e.g., breech presentation), there is an increased risk of complications and birth injuries. Physicians should identify abnormal presentations and take appropriate measures, such as performing a cesarean section, to ensure a safe delivery.
• Cephalopelvic Disproportion (CPD): CPD occurs when the baby's head is too large to pass safely through the mother's pelvis. If not recognized and managed properly, CPD can lead to prolonged labor, fetal distress, and birth injuries.
• Placental Abruption: Placental abruption is a serious condition in which the placenta partially or completely separates from the uterine wall before delivery. This can deprive the baby of oxygen and nutrients.
• Umbilical Cord Complications: Umbilical cord prolapse (when the cord precedes the baby through the cervix) or cord compression can disrupt the baby's oxygen supply, potentially causing brain damage or other birth injuries if not quickly managed.
• Maternal Infections: Certain maternal infections, such as Group B Streptococcus (GBS) or herpes simplex virus (HSV), can be transmitted to the baby during delivery and cause serious complications, including brain damage or meningitis. 

When medical professionals fail to diagnose and properly manage these conditions, they may be liable for any resulting birth injuries.

Long-Term Effects of Birth Injuries

Birth injuries can have a profound and lasting impact on a child's life, often requiring ongoing medical care, therapy, and support. The long-term effects of birth injuries vary depending on the type and severity of the injury but can include physical, cognitive, and emotional challenges that persist well into adulthood. 

Some of the long-term effects of birth injuries include:

• Developmental Delays: Children with birth injuries may experience delays in reaching developmental milestones, such as sitting up, crawling, walking, or talking. These delays can affect their ability to learn, communicate, and interact with others.
• Cognitive Impairments: Birth injuries that cause damage to the brain can lead to cognitive impairments, including difficulties with learning, memory, attention, and problem-solving skills.
• Physical Disabilities: Birth injuries can cause a range of physical disabilities, including paralysis, muscle weakness, spasticity, and impaired coordination. These disabilities can limit a child's mobility, independence, and ability to participate in daily activities.
• Sensory Impairments: Some birth injuries can cause damage to the sensory systems, resulting in vision or hearing impairments. These impairments can affect a child's ability to learn, communicate, and navigate their environment.
• Emotional and Behavioral Challenges: Children with birth injuries may experience emotional and behavioral difficulties, such as anxiety, depression, or aggression, as a result of their physical and cognitive challenges. 

The lifetime costs of caring for a child with a birth injury can be substantial, often reaching millions of dollars. If your child has suffered a birth injury due to medical negligence, an experienced birth injury attorney can pursue the compensation needed to provide for your child's ongoing care and support.

How Long Do I Have to File a Birth Injury Lawsuit in California?

When your child has suffered a birth injury due to medical negligence, it's crucial to understand the time limits for filing a lawsuit in California. These time limits, known as the statute of limitations, can significantly affect your ability to seek justice and compensation for your child's injuries. 

According to Section 340.5 of the California Code of Civil Procedure, the statute of limitations for medical malpractice lawsuits, including birth injury cases, has specific provisions related to minors.

In most cases, a child has until their eighth birthday or three years from the injury, whichever provides the longer period, to file a birth injury lawsuit. 

In tragic cases involving the wrongful death of a child or a fetus, the parents may have only one year from the date of death to file a lawsuit under Section 340.5. This shorter time frame underscores the importance of seeking legal guidance as soon as possible following a birth injury or death. 

Given the complexity of California's statute of limitations for birth injury cases and the potential for exceptions, consult an experienced birth injury attorney as early as possible. 

Economic Damages Available for Birth Injuries in California

When a child suffers a birth injury due to medical negligence, it often results in substantial financial burdens, including ongoing medical expenses, therapy costs, and lost income for parents who must care for their child. In California, families affected by birth injuries may recover economic damages to cover these costs. 

Economic damages are a type of compensatory damages that are intended to reimburse plaintiffs for the financial losses they have incurred as a result of the defendant's negligence.

In birth injury cases, economic damages may include:

• Medical Expenses: Parents may recover compensation for all medical expenses related to their child's birth injury, including hospital bills, surgery costs, medication, and medical equipment. This can also include future medical expenses that the child will likely incur throughout their lifetime.
• Therapy and Rehabilitation Costs: Many children with birth injuries require ongoing therapy and rehabilitation services, such as physical therapy, occupational therapy, and speech therapy, both in the present and future.
• Special Education and Vocational Training: Special education services or vocational training.
• Home and Vehicle Modifications: Modifications to an injured child's home or vehicle to accommodate their needs, such as wheelchair ramps, lifts, or adapted transportation.
• Lost Wages and Earning Capacity: Parents of children with birth injuries often must take time off work or even leave their jobs to care for their child. Economic damages can compensate for the lost wages and benefits associated with this loss of employment. In addition, if the child's earning capacity is diminished due to their birth injury, they may be entitled to compensation for their future lost earnings.
• Out-of-Pocket Expenses: Families of children with birth injuries may incur various out-of-pocket expenses related to their child's care, such as travel costs for medical appointments, specialized childcare, or adaptive equipment. These expenses can also be included in a claim for economic damages. 

California does not cap economic damages in medical malpractice cases, including those involving birth injuries. Plaintiffs can recover the full amount of their economic losses if they can prove that the defendant's negligence caused these losses.

What is MICRA and How Does it Affect California Birth Injury Cases?

California’s Medical Injury Compensation Reform Act (MICRA), enacted in 1975, has significantly affected medical malpractice cases, including birth injury lawsuits.

MICRA was originally designed to limit the noneconomic damages plaintiffs could recover in medical malpractice cases, with a cap set at $250,000. Noneconomic damages refer to compensation for intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. 

However, after nearly 50 years, California has modernized MICRA, implementing important changes starting in January 2023. The revised law will no longer cap noneconomic damages at $250,000. 

For cases not involving patient death, the new limit on noneconomic damages started at $350,000 and will increase incrementally over the next 10 years, ultimately reaching $750,000. After 10 years, there will be a 2% annual adjustment for inflation to ensure that the limits keep pace with the cost of living. 

In cases involving patient death, the noneconomic damages limit will increase, starting at $500,000 and gradually increasing over the next 10 years to reach $1 million. Similarly, a 2% annual adjustment for inflation will go into effect after 10 years. 

These changes to MICRA are significant for families affected by birth injuries in California. The increased limits on noneconomic damages provide greater opportunities for plaintiffs to recover fair compensation for the emotional and psychological impact of birth injuries on both the child and the family. 

The experienced birth injury attorneys at Galine, Frye, Fitting & Frangos, LLP stay up to date with the latest developments in California medical malpractice law and can guide you through the legal process ensuring compensation under the new MICRA provisions.

Who May You Hold Liable for Birth Injuries in California?

When a child suffers a birth injury due to medical negligence, we can identify the parties who you may hold liable for the harm caused.

In California, you can hold several healthcare providers and entities responsible for birth injuries, depending on the specific circumstances of the case.

• Obstetricians and Gynecologists (OB/GYNs): OB/GYNs are physicians who specialize in providing care for women during pregnancy, childbirth, and postpartum. You can hold them liable for birth injuries if they fail to properly monitor the mother and baby, diagnose and treat complications, or perform necessary interventions during labor and delivery.
• Midwives: Midwives are healthcare professionals who provide care for women during pregnancy, childbirth, and the postpartum period, often in low-risk situations. If a midwife fails to recognize signs of fetal distress, delays in seeking necessary medical intervention, or improperly manages the delivery process, you can hold them liable for resulting birth injuries.
• Nurses: Labor and delivery nurses play a critical role in monitoring the mother and baby during childbirth and alerting physicians to any signs of complications. If a nurse fails to properly monitor fetal heart rate, recognize signs of distress, or communicate concerns to the attending physician, you can hold them liable for birth injuries that result from their negligence.
• Anesthesiologists: Anesthesiologists administer epidural or spinal anesthesia during labor and delivery. If they make an error or fail to monitor the mother's response properly, you can hold them liable for resulting complications and injuries.
• Hospitals and Medical Facilities: You can hold hospitals and medical facilities liable for birth injuries under the doctrine of vicarious liability, which holds employers responsible for the negligent actions of their employees. Additionally, you can hold hospitals directly liable if they fail to maintain proper staffing levels, provide adequate training, or enforce appropriate policies and protocols.
• Pharmaceutical Companies and Medical Device Manufacturers: In some cases, birth injuries may result from defective medications or medical devices used during pregnancy, labor, or delivery. If a pharmaceutical company or medical device manufacturer fails to properly design, manufacture, or warn about potential risks associated with their products, you can hold them liable for resulting birth injuries.

Multiple parties may share responsibility for the harm caused in a birth injury case. An experienced birth injury attorney can investigate your case, identify all potentially liable parties, and build a strong case on your behalf.

How an Experienced California Birth Injury Lawyer Can Help You

Medical negligence during birth can devastate your family. The child faces physical and emotional challenges, thrusting you into a complex legal battle to recover compensation.

This is where an experienced California birth injury lawyer can provide invaluable assistance and support.

Investigation and Advocacy

A knowledgeable birth injury lawyer will thoroughly investigate your case, gathering medical records, expert opinions, and other evidence to determine whether medical negligence played a role in your child's injuries. They will work to identify all potentially liable parties and build a strong case on your behalf.

Your attorney will help you understand your legal rights and options, including the types of damages you deserve and the deadlines for filing a claim. They will guide you through the complex legal process and keep you informed at every step.

Negotiation and Litigation

Insurance companies often try to minimize their liability and settle birth injury cases for less than they are worth. A skilled birth injury lawyer will handle all communications and negotiations with insurance companies on your behalf, fighting to secure the maximum compensation for your child's injuries.

If you cannot reach a fair settlement, a birth injury lawyer can take your case to trial and advocate for your child's rights in court. They will present a compelling case to the judge and jury, fighting to secure the compensation your child deserves.

 Birth injury cases often require testimony from medical experts to establish the standard of care and prove negligence. An experienced birth injury attorney will have access to a network of trusted medical experts who can provide compelling testimony to support your case.

A compassionate birth injury lawyer will provide emotional support and guidance throughout the legal process, ensuring that you feel heard and understood every step of the way.

Your lawyer will fight to secure the compensation needed to provide for your child's ongoing medical care, therapy, education, and other needs. They will work to ensure that your child has the resources necessary to lead a full and fulfilling life, despite their injuries.

Contact Galine, Frye, Fitting & Frangos, LLP to File a Birth Injury Claim in California

If your child suffers a birth injury due to medical negligence in California, an experienced and compassionate personal injury attorney can fight for your rights and secure the compensation your family deserves.

At Galine, Frye, Fitting & Frangos, LLP, our dedicated team of birth injury lawyers has a proven track record of success in handling complex medical malpractice cases throughout California.

We understand the devastating impact that birth injuries can have on families and are committed to providing personalized, compassionate representation to each of our clients. 

Don't wait to seek the help you deserve. Contact Galine, Frye, Fitting & Frangos, LLP today for a free, confidential consultation. Our experienced birth injury lawyers are ready to listen to your story, answer your questions, and provide the legal guidance you need to protect your child's future. 

You can reach us by phone at (650) 345-8484, or by filling out the contact form on our website. We are here to help you through this difficult time and fight for the justice and compensation your family deserves.

Schedule A Free Consultation Today!