Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
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The moment a child is born should be one of pure joy. But when that moment is shattered by a preventable medical error in a Los Angeles hospital, joy is replaced by fear, confusion, and a thousand questions. How could this happen? What does this mean for our child’s future? Is this our new reality?
For decades, our team at The Child Injury Firm has dedicated itself to helping families across Los Angeles and nationwide 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. But we are here to provide a clear message of hope: You are not alone, and your family has powerful rights here in California.
Los Angeles is a hub of world-class medicine, but that does not make its institutions immune to error. A landmark study from Johns Hopkins found that medical error is a leading cause of death in the United States, a statistic that only hints at the number of errors that cause lifelong injury. Our goal is to empower you with clear, honest information, turning your uncertainty into advocacy for your child.
The core of our investigation is to determine if your child’s condition was inherent or inflicted. An inherent condition, like a birth defect, is one that stems from the child’s own biology—genetics, prematurity, or other unavoidable factors. An inflicted injury, however, is one caused by a preventable medical mistake during the birthing process. An inflicted injury is not a random act; it is the direct result of a professional failing to provide the accepted standard of care. Our mission is to prove, with clear and powerful evidence, that your child’s harm was inflicted through negligence, holding the responsible parties accountable for their actions.
When the standard of care is breached by a doctor, nurse, or hospital in Los Angeles, the consequences can be severe and lifelong. Birth complications during the delivery process can result in both physical injuries and severe birth injuries, especially when risk factors are not properly managed. Proper monitoring and timely intervention during delivery are essential standards of care to prevent birth injuries. Birth trauma is both a medical and legal issue—birth trauma can result from medical mistakes during labor and delivery, and may form the basis for legal action against negligent healthcare providers. Our firm has extensive experience handling cases involving a wide range of preventable birth injuries caused by medical negligence, including:
Why this is powerful for Los Angeles: Los Angeles County is one of the largest birth centers in the nation, with well over 100,000 babies born each year. Applying the CDC’s national prevalence rate to our local population means that, statistically, more than 300 families across Los Angeles County could face a new Cerebral Palsy diagnosis every year. While not every case of CP is caused by a preventable medical error, a significant portion are directly linked to events like oxygen deprivation, prolonged labor, or unrecognized fetal distress during labor and delivery, making this a tragically common reality for families in our community. Many birth injuries, including cerebral palsy, are the result of preventable medical mistakes by healthcare providers during delivery.
Hypoxic-Ischemic Encephalopathy (HIE): This is the specific medical diagnosis for brain damage caused by oxygen deprivation and restricted blood flow. HIE is a primary cause of cerebral palsy and other serious neurological conditions. The medical complexities involved in HIE cases often stem from birth injuries caused by failures to monitor or respond to fetal distress, which can result in permanent brain damage. Failure to respond promptly to fetal distress—such as negligent monitoring or delayed intervention like a cesarean section—can lead to severe brain damage in newborns.
According to extensive research cited by the National Institutes of Health (NIH), Hypoxic-Ischemic Encephalopathy (HIE), a type of brain damage caused by oxygen deprivation during birth, occurs in approximately 1.5 to 2.5 of every 1,000 full-term births in developed countries.
These are not just diagnoses; they represent a lifetime of challenges. Birth injuries can range from minor bruising to severe, permanent injury requiring lifelong care. A child with a severe birth injury will likely need ongoing therapies, the best medical equipment, home modifications, and constant care, with lifetime costs that can easily reach millions of dollars. Understanding the medical complexities and risk factors involved in birth complications is essential for both prevention and legal recourse.
Birth injuries are physical injuries that occur to a baby, mother, or both during the labor and delivery process. These injuries can range from minor bruises to severe, life-altering conditions, and often bring emotional distress and significant financial burdens to families. According to the National Institute of Neurological Disorders and Stroke (NINDS), approximately 255,500 babies in the United States experience a birth injury each year, with 80% of these cases classified as moderate to severe. When a birth injury is the result of medical negligence or malpractice during the delivery process, families may have the right to pursue a birth injury lawsuit. This legal action can help recover compensation for medical expenses, therapy, and other costs associated with the child’s injury, providing crucial support for the challenges ahead.
Birth injuries can take many forms, from relatively minor physical injuries to devastating, lifelong disabilities. Some of the most common birth injuries include cerebral palsy, brachial plexus injuries, hypoxic-ischemic encephalopathy (HIE), and Erb’s palsy. These conditions can result in paralysis, permanent disability, or even death, profoundly affecting a child’s quality of life. Consulting our knowledgeable California birth injury attorneys as soon as possible is essential to ensure your family’s rights are protected and to navigate the complexities of common birth injuries and their legal implications.
Birth injuries can result from a combination of natural complications and preventable medical errors during childbirth. While some risk factors are unavoidable, many severe birth injuries occur when healthcare providers fail to properly monitor, assess, or respond to complications during the delivery process. Medical negligence, such as errors in judgment, improper monitoring, or delayed intervention, is a leading cause of preventable birth injuries in Los Angeles. When healthcare providers fail to uphold the standard of care, the consequences can be devastating for both the child and the family. Our birth injury lawyers are experienced in helping families affected by Los Angeles birth injury due to medical malpractice, ensuring that those responsible are held accountable and that families receive the support they need.
It’s important to understand the difference between birth defects and birth injuries. Birth defects are conditions that develop naturally during pregnancy, often due to genetic or developmental factors, and are not related to the care provided during labor and delivery. In contrast, a birth injury is caused by trauma or medical negligence during the labor and delivery process. Only birth injuries caused by medical malpractice or negligent medical care can be the basis for a birth injury lawsuit. In California, families generally have until the child’s eighth birthday to file a birth injury lawsuit, but early consultation with a birth injury attorney is crucial to preserve evidence and protect your legal rights. Understanding this distinction can help families determine whether they have grounds for legal action and ensure that birth injuries caused by negligent care are properly addressed.
A traumatic birth experience can leave lasting scars—both physical and emotional—on a child and their family. Birth injuries caused by medical negligence can result in ongoing medical needs, therapy, and significant financial burdens that impact every aspect of family life. In California, families facing the aftermath of a traumatic birth can seek justice and compensation through a birth injury lawsuit. Our experienced birth injury lawyers can guide families through the legal process, gather critical evidence, and build a compelling case to secure maximum compensation for medical expenses, therapy, and future care. By holding healthcare providers accountable for birth injuries caused by negligent care, families can ensure their child receives the medical care and support they need for a brighter future.
In Los Angeles, transforming the tragedy of a birth injury into a successful medical malpractice case requires your legal team to prove two essential elements:
A Violation of the Standard of Care: The “standard of care” is what a reasonably prudent medical professional in Los Angeles County would have done in a similar situation. We must prove that your doctor, nurse, or hospital failed to meet this professional benchmark. Often, healthcare providers fail to recognize or respond to complications—such as when a doctor failed to act on warning signs of fetal distress—resulting in negligent care and preventable harm. Proving medical negligence in birth injury cases typically requires expert medical testimony to establish that the healthcare provider’s actions fell below the accepted standard of care.
Causation: We must then draw a direct, medically-supported line from that failure to your child’s specific injury, especially when a child suffered harm during birth. Establishing the link between medical negligence and the child’s birth injury is essential for legal accountability. A birth injury occurs when medical errors or negligent care by health care providers directly result in the child’s injury. Establishing this connection is crucial to holding negligent parties accountable for the serious injuries suffered by your child.
Successfully navigating these cases in California demands a sophisticated understanding of state laws, particularly the Medical Injury Compensation Reform Act (MICRA). For nearly 50 years, MICRA imposed a restrictive $250,000 cap on non-economic damages (compensation for pain, suffering, and loss of quality of life).
However, a new law, Assembly Bill 35, fundamentally changed the landscape. Effective January 1, 2023, this cap was significantly increased and is now subject to annual adjustments for inflation. This is a monumental change for injured children and their families, and your legal team must be experts in this new law to secure the full compensation you deserve.
Equally important is California’s statute of limitations—a strict legal deadline for filing a lawsuit. The generous sounding eight-year rule for birth injuries in California should not lure you in to waiting. You should take action now.
While the final lawsuit deadline for your child’s injury against a private hospital extends to their eighth birthday (if injured before age six), you should act quickly.
For government-run hospitals, there is an additional administrative requirement to file a claim notice within six months.
Obtaining complete medical records and presenting compelling evidence are essential steps to hold negligent parties accountable and secure justice and compensation for your child’s injury.
Los Angeles County is home to some of the busiest and most respected maternity hospitals in the country. These hospitals employ experienced health care providers who are responsible for ensuring a safe delivery process for both mother and child. While excellent care can be found in many facilities, a high volume of deliveries indicates a significant amount of experience. Some of the major centers for childbirth in the Los Angeles area include:
Receiving a diagnosis for your child is overwhelming. You may feel isolated navigating the vast network of LA’s healthcare and support systems. 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 Los Angeles area. These organizations can also help families access specialized medical care and support services following a birth injury. The discovery rule may extend the deadline for filing a birth injury lawsuit if the injury was not discovered within the standard timeframe.
Connecting with these groups can provide comfort, practical assistance, and a sense of community, reminding you that you are not on this journey alone.
A birth injury lawsuit is a battle against a well-funded and powerful opponent. The hospital’s insurance company will deploy a team of seasoned defense lawyers whose sole purpose is to deny responsibility and protect their bottom line. Many birth injury claims are resolved through settlement negotiations rather than going to trial, but attorneys prepare every case as if it will go to court. Working with our skilled birth injury attorneys ensures your family understands all available legal options and receives the support and justice you deserve.
To secure justice in a Los Angeles courtroom, your family needs a team with:
For us, this is not just another case; it is a cause. It’s about securing the financial resources your child needs to live their best possible life and holding negligent medical providers accountable. Compensation is crucial for your child’s future, covering lifelong needs such as ongoing therapy, adaptive equipment, and special education. Compensation can help alleviate the financial burden of medical bills and future care, ensuring your child’s future care and well-being are protected.
Our birth injury lawyers offer a free consultation to help families determine the best course of action because every family deserves justice, support, and the opportunity to secure their child’s future. Our legal team works on a contingency fee basis, meaning you pay only if you win your case.
When a child suffers a birth injury due to medical negligence, the impact on a family can be overwhelming—emotionally, physically, and financially. Severe injuries causing permanent disability typically result in larger settlements than minor injuries that resolve with minimal treatment. In these difficult moments, pursuing a birth injury lawsuit is not just about seeking justice; it’s about securing the resources your child needs for a lifetime of care and support. Holding medical professionals accountable through birth injury claims can make a crucial difference in your child’s future and help prevent similar tragedies from happening to other families.
In California, families affected by serious birth injuries—such as cerebral palsy, brachial plexus injuries, or hypoxic ischemic encephalopathy—may be entitled to significant compensation. California birth injury attorneys can help families pursue compensation for medical expenses, lost wages, and other costs related to the injury. A successful birth injury lawsuit can provide for both immediate and long-term needs, including specialized medical treatment, therapies, and adaptive equipment. Working with a skilled Los Angeles birth injury lawyer ensures that your family’s unique circumstances are fully understood and that you receive the maximum compensation available under the law.
Key Takeaways
The new law is a landmark change for victims of medical negligence. It substantially raises the previous $250,000 cap on non-economic damages (for pain, suffering, and loss of quality of life) and includes an annual inflation adjustment. This allows families to now seek more just and meaningful compensation for the profound human losses they have endured.
Yes, this is a predictable and cynical defense strategy. The hospital’s lawyers will often try to shift blame to the mother’s health or actions during pregnancy. This can happen even in cases of traumatic birth or when critical warning signs were missed by medical staff. Our experienced California birth injury firm will anticipate this “blame the victim” tactic and is prepared to dismantle it with robust medical evidence and expert testimony that proves where the true fault lies.
Absolutely. We have a long and successful history of litigating against the largest and most powerful healthcare systems nationwide. While these institutions have formidable legal teams, they are not above the law. We have handled many mismanaged labor and delivery cases that have resulted in Cerebral Palsy. Our firm has the resources, the expert networks, and the courtroom experience to level the playing field and hold them fully accountable.
The right expert is a non-negotiable 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. Expert witnesses are essential in cases involving traumatic injuries such as Erb’s palsy, where improper handling during delivery can cause lasting harm. Our firm has spent decades cultivating a national network of elite, credible professionals prepared to testify on behalf of injured children.
The most important first step is to contact our law firm with a deep focus on child injury cases. Do not delay. The initial consultation is free and confidential. This allows you to get answers, understand your rights under California law, and ensure that critical evidence is preserved before the strict statute of limitations expires.
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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