THE BEST BIRTH INJURY LAWYERS IN CALIFORNIA
Stalwart Birth Injury Lawyers Win Historic Cases For Families Harmed by Negligence
Birth injuries are devastating events that harm entire families, leaving victims emotionally distraught, financially burdened, and searching for answers. The joy of welcoming a child quickly turns to heartbreak when preventable medical mistakes lead to serious, lifelong complications. At Stalwart, our birth injury attorneys fight and win lawsuits for families in California who have been wronged. With compassion and unwavering dedication, we help parents seek justice, hold negligent parties accountable, and secure the financial support needed to care for their child’s future.
What are Birth Injuries?
Birth injuries are physical injuries that occur during labor or delivery, harming the child, the mother, or both. Ranging from bruises and bone fractures to brain injuries and severe nerve damage, birth injuries can lead to lifelong paralysis, irreversible disability, and death. Sadly, these injuries are often preventable, caused by the negligence of doctors, nurses, and hospitals.
As a product of substandard medical care, birth injuries are all too common in the US. Based on recent estimates by the CDC, roughly 255,500 babies are born with injuries every year. Of those injuries, 80% are classified as moderate to severe, and can result in conditions like cerebral palsy, permanent nerve damage, and impaired development.
Filing a claim for a birth injury is both medically and legally complex. If you or your newborn baby suffered an injury during delivery, an experienced birth injury lawyer can offer legal and emotional support by filing your claim and securing rightful compensation for your family.
Birth Injury Lawsuit Settlements
Our lawyers were named the best medical malpractice lawyers in the country because we have secured some of the largest verdicts and settlements in Los Angeles and throughout California for our clients.
As a doctor and a trial lawyer, Dr. Steven Heimberg leads our team of medical malpractice attorneys. His legal expertise and medical knowledge make him your best ally when pursuing compensation for your child’s life-altering injury.
Our Los Angeles birth injury attorneys have secured millions of dollars in recovery for families throughout California, including:
$17 Million
For a family whose child developed permanent brain damage when a doctor failed to respond to signs of fetal distress. This was the largest verdict in the history of California at that time.
$10.55 Million
For a family whose triplets were unnecessarily delivered at 25 weeks, leading to the loss of one child and permanent brain damage in the surviving children
$7.1 Million
For a family whose twins sustained brain damage after being delivered unnecessarily early, at 30 weeks
$5.75 million
For a family whose baby was born with brain damage because of negligent care during labor and delayed delivery via C-Section.
Birth Injury Cases
With years of experience securing major verdicts in California, our attorneys have mastered the legal and medical complexities of birth injury cases. We handle many different case types and fight with a passion for every mother, child, and family affected by medical negligence.
Below are some of the most common cases we win:
Brachial Plexus Injuries
Damage to the brachial plexus, a network of nerves controlling the arm and hand, often occurs due to excessive pulling during delivery, or shoulder dystocia. This can result in weakness, loss of movement, or even permanent paralysis.
Hypoxic-Ischemic Encephalopathy (HIE)
A brain injury that occurs when a baby’s brain does not receive enough oxygen and blood flow during birth. This is often caused by umbilical cord compression, prolonged labor, or mismanaged fetal distress.
Cerebral Palsy
A neurological disorder affecting movement, muscle tone, and posture, often resulting from fetal asphyxia or brain damage during birth. It is a permanent disorder involving lifelong physical and cognitive impairments.
Erb’s Palsy
A form of brachial plexus injury that results in weakness or paralysis in the arm. It is caused by excessive stretching of the baby’s neck during a difficult delivery.
Macrosomic Vacuum Injury
This occurs when a baby with a larger-than-average birth weight (macrosomia) experiences trauma from vacuum extraction during delivery. This can lead to skull fractures, brain bleeds, or nerve damage.
Seizure Disorders
Birth-related oxygen deprivation, brain hemorrhages, or infections can lead to neonatal seizure disorders. These can indicate underlying brain damage and may require lifelong medical care.
VBAC-Related Injuries (Placental Abruption, Uterine Rupture)
after cesarean (VBAC) carries risks such as uterine rupture or placental abruption, which can cause severe oxygen deprivation and life-threatening complications for both mother and baby.
While these are some of our common cases, Stalwart takes on all kinds of birth injury claims with complex causes. If none of the cases above sound familiar to you, we still encourage you to speak with a birth injury lawyer as soon as possible.
How our Birth Injury Lawyers Can Help
Birth trauma cases involving medical malpractice are some of the most complex lawsuits to win. To secure rightful compensation, you should team up with the best birth injury attorneys in California.
Here’s what you can expect when working with Stalwart Law Group:
1. Gathering Important Documents
To begin, gather any documents that may be relevant to your case. Our team will use this information and consult with medical experts to conduct a thorough investigation into your birth injury. This includes investigating the following:
- Medical records from your pregnancy and delivery
- Your child’s medical records
- Your medical bills
- Correspondence with all healthcare providers
- Photographic evidence of the injury
2. Filing a Claim
After assessing medical negligence and building a strong foundation for your case, we will file a formal legal claim on your behalf. These claims are filed against doctors, nurses, hospitals, and other medical staff, who will be notified.
The claim will outline the details of the injury, the medical errors that led to it, and the compensation being sought.
Once filed, the defendants will have the opportunity to respond, leading to settlement negotiations or trial.
3.Discovery Process
During discovery, our attorneys will gather additional evidence to support your claim. This can involve:
- Requesting internal records from the hospital or birthing center
- Investigating your doctor’s notes
- Interviews with medical professionals involved in your case
- Internal records from pediatricians, nurseries, or other care since birth
4.Negotiating a Settlement
Many birth injury claims are resolved through settlement negotiations and do not go to trial. Our attorneys are experts at negotiating with insurance companies and their defenses.
We will present compelling evidence and seek maximum compensation for medical expenses, long-term care, and pain and suffering.
5. Recruiting Expert Witnesses
If the case requires additional expert analysis, we will consult with prestigious medical professionals who specialize in your child’s injury. They will testify on your behalf alongside your legal team, greatly strengthening your case.
6. Going to Trial (If Necessary)
If a fair settlement cannot be reached, our attorneys will present your case before a judge and jury. We will cross-examine doctors, nurses, and hospital representatives, provide expert testimonies on your behalf, and fight for the justice your family deserves.
With the right legal team, your family will receive maximum payment for the damages you’ve suffered, and for the long-term care your child deserves. If you are considering a birth injury claim, contact Stalwart Law Group today for a consultation.
Causes of Birth Injuries
Birth injuries are caused by a variety of factors, and some cases are far more complicated than others. Understanding the conditions that lead to difficult births, as well as how doctors and other medical personnel mismanage complications in the delivery room, can help you know if you should file a birth injury claim.
There are natural and medical conditions that pose risks to newborns and complicate childbirth, but with proper management, most birth traumas can be avoided. However, when healthcare providers fail to respond to risk factors effectively or mismanage traumatic births, severe birth injuries can occur. It is often a combination of risk factors and medical malpractice that harm newborn babies and their families forever.
Complications Leading to Birth Injuries
Natural complications during pregnancy, such as the size and position of the baby, the duration of labor, and the mother’s health factors, can increase the chances of birth injury. Because of this, doctors, nurses, and midwives must recognize and respond to complications accordingly. Without proper medical intervention, these factors can result in serious consequences for families.
- Fetal macrosomia (large baby size)
- Gestational diabetes
- Preeclampsia and high blood pressure
- Fetal hypoxia (oxygen deprivation)
- Breech Delivery
- Prolonged or difficult labor
- Maternal infections such as chorioamnionitis
- Shoulder dystocia
- Preterm babies (NICU admission)
If you or your baby experienced any of these complications during pregnancy, labor, or delivery, it may have contributed to your child’s birth injury. If these conditions were not disclosed, or managed with improper care, filing a birth injury claim is necessary.
Medical Malpractice Birth Injuries
Many birth injuries are caused by medical mistakes and the negligent actions of healthcare professionals. In these cases, families have grounds for a medical malpractice claim. While medical malpractice is often referenced as a single cause of neonatal injury, the topic is far more complicated. Negligent use of delivery tools is one of the most common mistakes, but many other causes can substantiate a birth injury claim.
Common examples of how medical negligence causes birth injuries include:
- Improper use of forceps or vacuum extraction
- Incorrect delivery techniques
- Improper use of labor-inducing drugs (e.g. Pitocin injuries)
- Failure to assess VBAC eligibility
- Misdiagnosis of maternal conditions
- Failure to monitor fetal distress
- Delayed C-sections
- Unnecessary C-sections
- Inadequate monitoring of the baby’s oxygen levels
Avoidable mistakes like these can cause permanent harm to both the child and the mother, leaving families devastated. Even when natural or preexisting complications are present, negligence is often the ultimate cause of serious birth injuries, as risks can be mitigated with proper care.
If you suspect that your birth injury was caused by improper medical care, the attorneys at Stalwart Law Group can help you explore your legal options.
Birth Injuries vs Birth Defects
Birth injuries and birth defects can both lead to lifelong disabilities, but their legal implications can be quite different.
Birth injuries occur during labor and delivery and are typically caused by trauma or external forces that jeopardize the baby’s health. Oxygen deprivation, misuse of delivery tools, and inadequate monitoring of the baby’s vital signs may lead to conditions like cerebral palsy or brachial plexus injuries.
A birth defect, on the other hand, is a health condition that develops while the baby is still in the womb. These defects, or congenital disorders, are usually caused by genetic factors, environmental exposure, or infections during pregnancy. In birth defect lawsuits, the defendant is not always a medical doctor or obstetrician, but rather an organization or institution. Examples include the Thalidomide scandal, in which pharmaceutical companies were sued for causing widespread birth defects, and the ongoing Camp Lejeune lawsuits, which hold the military base responsible for contaminating the water supply, leading to a wave of birth defects in the area.
If your child was born with a serious birth defect and you believe it was caused by harmful medications, toxic exposure, or negligent prenatal care, contact a birth injury attorney as soon as you can. Our attorneys have the medical and legal expertise to fight your case and win the compensation you and your child deserve.
Frequently Asked Questions
A birth injury claim may take anywhere from one year to several years to complete. Many factors affect the timeline of a case, such as the amount of evidence needed, the level of complexity, and whether or not the case settles or goes to trial. Sometimes, it can take a year or more just to gather evidence and file the claim. In any case, our lawyers work hard to make sure your claim moves forward efficiently.
Yes, you can sue a hospital for a traumatic birth if you or your baby were injured due to medical negligence on behalf of the hospital and its staff. However, not all traumatic births warrant a lawsuit. For a birth injury claim to have legal grounds, one must prove that the doctors, nurses, or other hospital staff failed to meet the standard of care, resulting in the injury.
In California, the statute of limitations for a child who was injured at birth lasts 8 years. This allows enough time to discover symptoms that develop months or years after birth, but are caused by birth trauma. For mothers injured during birth, the statute of limitations for medical malpractice in California is 3 years from the date of the injury, although there are certain exceptions to this rule.
Compensation in a birth injury lawsuit may cover medical expenses, long-term care, specialized therapy, assistive devices, lost wages (if parents must leave work to care for their child), and pain and suffering. In cases of severe negligence, punitive damages may also be awarded.
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