Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
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Few moments in life hold as much promise and happiness as the birth of a child. But when that moment is shattered by a preventable medical error in a Fresno hospital, joy is replaced by fear, confusion, and a thousand questions. How could this happen? What does this mean for our child’s future?
For decades, our team of Birth Injury Lawyers at The Child Injury Firm has stood beside families across Fresno County and the entire Central Valley, helping them navigate these devastating moments. We have seen firsthand how a single, preventable mistake during delivery can alter the course of a family’s life. It is a profound injustice, and we are here to provide a clear message of hope: You are not alone, and your family has powerful rights here in California. Most birth injury lawyers, including our team, work on a contingency fee basis, meaning you only pay if we win your case.
Sobering research has delivered a difficult truth: preventable medical error is a leading cause of death and serious harm in the United States. This is not a reflection on the many dedicated healthcare providers in the Central Valley, but a systemic, nationwide issue that can affect any hospital. Understanding this reality is not about creating fear; it is about recognizing the need for strong patient advocacy. Our goal is to provide the clear, straightforward information you need to become the most effective champion for your child’s future. Proving negligence in these cases requires establishing four key elements: duty owed, breach of duty, injury caused by the breach, and damages.
The legal analysis of a child’s condition comes down to its origin: was the cause an internal factor related to the baby’s biological development, or was it a preventable external event? A birth defect has an internal origin; it is a condition that is part of the child’s unique genetic blueprint. A birth injury, by contrast, has an external origin. It is harm inflicted upon the child by an outside event or a medical professional’s action or inaction, such as misusing a vacuum extractor or failing to order a timely C-section. Differentiating between these is critical, as the law provides a path to justice when an external, preventable failure causes devastating harm. Our legal and medical analysis is designed to trace the origin of your child’s condition and determine if an external failure was the cause.
When a doctor, nurse, or hospital in Fresno fails to meet the accepted standard of care, the harm to a newborn can be catastrophic. Our firm has extensive experience with a wide range of preventable birth injuries that are tragically common in the Central Valley, including:
These events create a lifetime of challenges. A child affected by a serious birth injury will require a future of ongoing therapies, the best adaptive equipment, and constant medical attention. The financial burden for a family can be immense, easily reaching millions of dollars over the child’s lifetime.
Not every tragic birth outcome is a case of medical malpractice. Under California law, a successful claim in Fresno hinges on our ability to answer two critical questions with a clear “yes.”
Did the medical team’s actions fall below the accepted standard of care?
The “standard of care” is a legal benchmark for what a reasonably skilled doctor or nurse in the Central Valley would have done in the same situation. It doesn’t demand perfection, but it does demand competence. A violation occurs when a healthcare provider’s actions—or their failure to act when necessary—do not meet this professional expectation.
Did this failure directly cause your child’s injury?
This is the crucial link of causation. It isn’t enough to show a mistake was made; we must build an irrefutable, evidence-based bridge connecting that specific mistake directly to the harm your child suffered. This is where the testimony of world-class medical experts becomes essential to prove the case.
Answering these two questions is at the heart of your case, but we must also navigate two critical aspects of California law:
You have the right to file a birth injury lawsuit at any time before your child reaches the age of eight.
If the negligence happened at a government facility, you also have to clear a procedural hurdle by filing a “Notice of Claim” within six months.
Birth injury cases are among the most complex and specialized areas within personal injury law. The hospital and its insurance company will have a team of powerful lawyers whose only job is to deny responsibility and minimize what they have to pay. Having an experienced attorney on your side is crucial to navigate the legal process, maximize your chances of a successful legal claim, and ensure your family’s rights are protected. Board certifications in medical malpractice or recognition from legal organizations are important qualifications to look for when choosing a lawyer.
To level the playing field in a Fresno County courtroom, your team must have:
The legal process for a birth injury lawsuit involves filing a legal claim, navigating complex personal injury claims, and working with your attorney to recover compensation for your family. Birth injury cases require deep knowledge of personal injury law and the ability to coordinate with medical and legal experts to achieve justice.
This is more than just a case for our team of medical malpractice birth injury lawyers. It’s a cause. It’s about securing the resources your child will need for a lifetime of care and holding negligent parties accountable.
Birth injuries can have a profound and lasting impact on a child’s life and the well-being of their family. The effects of a birth injury can extend throughout the child’s life, influencing their health, development, and quality of life. When medical professionals fail to provide the standard of care required during pregnancy, labor, or delivery, the results can be devastating. Medical negligence in these critical moments may lead to a range of serious birth injuries, each with its own set of challenges and lifelong consequences.
Some of the most common birth injuries associated with medical negligence include:
If your child suffered a birth injury due to suspected medical negligence, it’s critical to understand your legal options. Consulting with a knowledgeable birth injury lawyer can help you determine whether you have a valid birth injury claim and what compensation may be available for medical expenses, therapy costs, and ongoing care. To file a birth injury claim in California, you must provide a written “notice of intent to sue” at least 90 days before filing in court. A free consultation with a Fresno birth injury attorney or injury lawyer can provide clarity and support as you navigate the next steps for your family’s future.
Birth injuries can arise from a variety of circumstances, but many are preventable when medical professionals adhere to the accepted standard of care. Unfortunately, when medical negligence occurs—whether through errors in judgment, delayed diagnosis, or improper procedures—the consequences can be severe and life-altering for both the child and their family.
Fresno County serves as a major hub for healthcare in the Central Valley, with several key medical centers handling the majority of births in the region. These hospitals are equipped to manage a wide range of pregnancies, from routine to high-risk. These facilities are also prepared to address birth complications and severe complications that may arise during delivery. The primary centers for childbirth in the Fresno area include:
Receiving a diagnosis for your child is overwhelming. Finding the best resources near me was a common search for many families we have helped. Here are some trusted, non-legal organizations that can provide invaluable information and support in the Fresno area:
Key Takeaways
The new law is a landmark change that significantly increases the previous $250,000 cap on non-economic damages (for pain, suffering, and loss of quality of life). As of 2023, this cap is now higher and will increase annually to account for inflation, allowing families to seek more just and meaningful compensation for the profound human losses they have endured. The increased cap also allows families to pursue compensation for medical costs, medical bills, lost wages, and the long-term impact on a child’s life and child’s lifetime, including ongoing care and support for serious injuries and permanent brain damage.
Yes, unfortunately. It is a common defense tactic for hospitals and their insurance companies to try to shift blame to the mother’s actions during pregnancy or labor. Medical providers sometimes attempt to deflect responsibility for serious injuries, including those caused by delayed diagnosis or failure to respond to fetal distress. Our experienced California birth injury lawyers will know how to anticipate and dismantle these “blame the victim” arguments with robust medical evidence and expert testimony.
Absolutely. While large hospital systems have immense resources and powerful legal teams, they are not above the law. We have decades of experience litigating against major healthcare providers in the Central Valley and nationwide. Our firm has the resources, expert networks, and courtroom experience to level the playing field and hold them fully accountable. Families can pursue claims for serious harm, permanent brain damage, birth trauma, and Erb’s palsy resulting from medical negligence.
Finding the right expert is a crucial element of a successful case. The “best” experts are not only preeminent leaders in their fields (like neonatology or obstetrics), but they are also gifted communicators who can explain complex medicine to a jury in a simple, compelling way. Our firm has spent decades cultivating a national network of elite, credible professionals prepared to testify on behalf of injured children. Expert testimony is especially important in cases involving birth asphyxia, psychological trauma, and other severe injuries.
The most important first step is to contact our law firm for a free, confidential consultation. Do not delay. This allows you to get immediate answers, understand your rights under California law, and ensure that critical evidence—like fetal monitoring strips and hospital staff records—is preserved before the strict statute of limitations expires. Prompt action is especially important in cases involving birth complications such as fetal distress, birth asphyxia, or severe bleeding, which can lead to lifelong consequences.
Catastrophic child and birth injuries can shatter the lives of not just the babies and children, but also their families. Families are left to navigate a complex maze of medical challenges, financial burdens, and emotional turmoil. But, this is where Jeffrey Killino and his team of dedicated lawyers can provide the support and guidance families need most.
For over 2 decades, Jeffrey Killino and his team have secured life-changing results for babies and children facing catastrophic injuries. Our clients gain access to the best medical care, financial security, and peace of mind, knowing their futures are protected.
Jeffrey Killino and his team of child and birth injury lawyers are committed to go beyond securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives. We’re dedicated to supporting them throughout their journey, even after their case is resolved.
Jeffrey Killino and his team of child and birth injury lawyers are committed to more than just securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives, helping them access the best medical care, achieve financial security, and find peace of mind. We also actively work to prevent injuries and promote safety for everyone.
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