Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
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Nothing can prepare you for the moment your joy turns to fear. One minute, you are welcoming a new life into the world in a Sacramento hospital; the next, you are facing a future you never imagined, filled with medical questions, uncertainty, and trips to specialists around the Capitol. When you learn your child has suffered an injury during birth, your world stops. And then the questions begin. How did this happen? Was it preventable? What does this mean for our child’s future? Families facing birth injuries often deal with medical appointments, worried conversations, and sleepless nights about their child’s future.
Our birth injury medical malpractice team of experienced lawyers at The Child Injury Firm has stood beside families nationwide, asking these same, heartbreaking questions. We have seen firsthand the devastating impact a preventable birth injury can have on a family. It’s a pain no one should ever have to endure. But here is a truth you need to hear: You are not alone, and you have rights here in California. Our legal team for birth injury medical malpractice is here to help.
The reality is that while Sacramento is home to excellent medical facilities, preventable medical errors are a shocking and persistent problem. A study from Johns Hopkins found that medical error is a leading cause of death in the United States, and countless other errors result in lifelong injury. It is estimated that 5 out of every 1000 children born in the United States will suffer some type of birth injury. The purpose of this guide is not to scare you. It is to empower you with clear, honest information so you can be the best possible advocate for your child in the local healthcare system.
To determine if a case for medical malpractice exists, we must first define the legal “scope of duty” for the medical team during your child’s birth. A birth defect generally falls outside this specific scope; a doctor’s duty during delivery is to safely manage labor, not to reverse a pre-existing genetic condition. A birth injury, however, falls squarely within the delivery team’s scope of duty. Their entire professional obligation at that moment is to competently manage the delivery to prevent this exact type of harm. An injury caused by their failure to do so, such as ignoring signs of infection, is a direct breach of that legal and ethical responsibility. This breach forms the basis of a medical malpractice claim and is what we work to prove.
A medical provider’s deviation from the accepted standard of care in a Sacramento delivery room can have heartbreaking and permanent consequences for a newborn. Our firm has represented many families in the Capital Region whose children have suffered from a range of preventable birth injuries stemming from negligence, including:
Birth injuries occur before, during, or shortly after delivery, often as a result of preventable medical mistakes during the birth process. Birth trauma refers to physical trauma sustained by the baby during delivery, which can result from medical negligence.
These diagnoses are not just entries in a medical chart; they represent a fundamental shift in a family’s life. The future often becomes an unrelenting schedule of medical appointments, therapy sessions, and in-home care. In severe cases, a child’s birth injury can result in permanent damage, requiring lifelong care. Hospital staff must monitor the baby and mother closely during labor and delivery to prevent complications, and immediate action is required if warning signs arise. The financial strain can be immense, which is why securing the resources your child will need for a lifetime of support is the central focus of a medical malpractice birth injury claim. Healthcare providers and hospitals can be held responsible if a child’s birth injury or child’s injuries were caused by negligence. Families whose children have suffered injuries due to medical negligence should seek legal help to pursue justice and compensation.
Birth injuries can arise from a variety of factors during the birthing process, but many are the direct result of medical negligence or preventable mistakes made by medical professionals. In the Capital Region, families often turn to a Sacramento birth injury attorney to help determine whether their child’s birth injury was caused by substandard care and to hold those responsible accountable.
Some of the most common causes of birth injuries include prolonged labor, the improper use of delivery tools such as forceps or vacuum extractors, and the application of excessive force during delivery. These actions can lead to serious conditions like brachial plexus injuries, where the baby’s shoulder nerves are damaged, or even Erb’s palsy, which can result in weakness or paralysis of the arm and shoulder.
Oxygen deprivation is another leading cause of birth injuries, often resulting in brain damage or conditions such as cerebral palsy and hypoxic ischemic encephalopathy. This can occur if the umbilical cord becomes twisted, compressed, or otherwise compromised, cutting off vital blood flow and oxygen to the baby. Failure to monitor the baby’s condition closely, neglecting to perform an emergency cesarean section when necessary, or not addressing umbilical cord problems promptly can all contribute to these devastating outcomes.
Medical malpractice cases involving birth injuries often hinge on whether the medical staff followed professional standards and provided proper medical care throughout the delivery process. When preventable mistakes are made—such as misreading fetal distress signals, delaying critical interventions, or using delivery tools improperly—the consequences can be life-altering for both the child and their family.
If your child suffered a birth injury in Sacramento or anywhere in California, it’s crucial to consult with an experienced birth injury lawyer as soon as possible. California birth injury lawyers, including those at respected firms like Cutter Law, have the expertise to investigate your case, review medical records, and work with medical experts to build a strong birth injury claim. The right attorney will assist by investigating medical records, hiring expert witnesses, and negotiating for maximum compensation. They can help you pursue fair compensation to cover medical bills, physical therapy, speech therapy, and other ongoing medical expenses.
Remember, you have the legal right to seek justice and ensure your child receives the care and support they need. Don’t hesitate to reach out to a reputable law firm for a free consultation. With the guidance of a skilled injury lawyer, you can navigate the complexities of a medical malpractice lawsuit and fight for the compensation your family deserves.
For a birth injury to be considered medical malpractice in Sacramento, your legal team must prove two key things:
The Standard of Care Was Violated: The “standard of care” is the level of skill and care that a reasonably competent healthcare professional in the Sacramento area would have provided under similar circumstances. The actions of the healthcare provider are compared to what other doctors would have done in similar situations to determine if there was a deviation from accepted practices. Did your doctor fail to notice clear signs of fetal distress on the monitor? Did the nurse wait too long to alert the obstetrician to a problem? Did the hospital have the proper staff available for an emergency C-section?
This Violation Caused the Injury: We must draw a direct and undeniable line from that medical mistake to your child’s injury. This is often the most contentious part of the case and requires testimony from world-class medical experts.
Additionally, attorneys must prove four key elements to establish liability: a duty of care existed, that duty was breached, the breach caused the injury, and the family suffered damages.
The Standard of Care Was Violated: The “standard of care” is the level of skill and care that a reasonably competent healthcare professional in the Sacramento area would have provided under similar circumstances. The actions of the healthcare provider are compared to what other doctors would have done in similar situations to determine if there was a deviation from accepted practices. Did your doctor fail to notice clear signs of fetal distress on the monitor? Did the nurse wait too long to alert the obstetrician to a problem? Did the hospital have the proper staff available for an emergency C-section?
This Violation Caused the Injury: We must draw a direct and undeniable line from that medical mistake to your child’s injury. This is often the most contentious part of the case and requires testimony from world-class medical experts.
Navigating these cases in California requires a deep understanding of state-specific laws, especially the Medical Injury Compensation Reform Act (MICRA). For decades, MICRA placed a strict $250,000 cap on non-economic damages (like for pain, suffering, and the loss of a normal life).
However, a new law, Assembly Bill 35, recently brought about the most significant changes to MICRA in nearly 50 years. As of January 1, 2023, this cap was increased and will continue to rise with inflation. This is a critical development that directly impacts a family’s ability to secure fair compensation, and it’s something your legal team must be intimately familiar with to maximize your recovery.
It’s also vital to know about California’s statute of limitations. This is a strict deadline for filing a lawsuit. Please contact our team of medical malpractice birth injury lawyers in Sacramento for more information regarding the timeline.
The Sacramento region is served by several major hospital systems that handle a large volume of births each year. Some of the primary centers for childbirth in the Sacramento 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 Sacramento area:
Connecting with these groups can provide comfort, practical assistance, and a sense of community, reminding you that you are not on this journey alone.
Winning a complex birth injury lawsuit against a major Sacramento hospital isn’t about a single dramatic courtroom moment. It is a meticulous process of building an ironclad case from the ground up, layer by layer, long before a trial ever begins. The hospital’s defense team is powerful and well-funded; to defeat them, your family’s case must be constructed with superior skill and resources.
The foundation of this entire structure is a forensic understanding of the medicine. Our team digs deep into the complex medical records from hospital systems like Sutter, Dignity Health, and UC Davis. We don’t just read the notes; we analyze the data, identify the deviations from the standard of care, and pinpoint the exact moments where negligence occurred.
On that foundation, we build a powerful body of evidence, supported by testimony from our national network of elite medical experts. These are the renowned specialists in fields such as neonatology and life care planning who can authoritatively explain medical failures to a judge and jury, making the case medically undeniable.
This entire structure must be supported by the financial strength to withstand the immense pressure exerted by hospital insurance companies. They will try to win by exhausting your resources. Our firm has the financial fortitude to fund the entire litigation process, ensuring your case is never compromised by a lack of funds.
Finally, we must navigate this completed case through the unique legal landscape of the Sacramento County court system. Our deep, firsthand experience with court procedures and the tactics of opposing law firms provides an invaluable “home court” advantage, allowing us to guide your case with confidence and strategic precision.
This is how a case is won. It is a dedicated, methodical process, and for us, it is more than a job. It’s our cause—to build the strongest possible case to secure your child’s future.
Key Takeaways
This is one of the most critical aspects of a birth injury case, and it is far from guesswork. We work with a team of independent, nationally recognized experts, including a specialist called a “life care planner.” This expert conducts a comprehensive assessment of your child’s condition and creates a detailed, evidence-based report that projects all future needs. This plan includes costs for medical treatments, future surgeries, physical and occupational therapies, in-home nursing care, specialized medical equipment, adaptive technologies, home and vehicle modifications, and even the projected loss of future earning capacity. The goal is to create a precise, medically-backed blueprint for a lifetime of support.
This is a common and understandable concern, as many effects of a brain injury are not apparent until a child begins to miss key milestones. California law has a “discovery rule,” meaning the clock on the statute of limitations may not start until the injury is discovered, or reasonably should have been discovered. The rules for minors are particularly complex. It is absolutely critical not to make assumptions about having “waited too long.” You should contact our firm immediately to determine the specific legal deadline that applies to your unique situation.
Your instincts are often correct, and this is a crucial part of our investigation. The hospital itself and its nursing staff are held to a strict standard of care. Nursing negligence is a frequent cause of preventable birth injuries. This can include failing to properly interpret fetal monitoring strips, failing to communicate signs of distress to the doctor promptly, or administering medications like Pitocin improperly. A thorough case looks beyond just the physician to analyze the actions and inactions of the entire medical team.
This is a vital question that shows the importance of long-term planning. A large recovery is not simply deposited into a standard bank account. To protect your child’s future, funds are typically placed into specialized financial instruments. This often includes a Structured Settlement, which provides guaranteed, tax-free payments over the course of your child’s life to cover ongoing costs. We also establish a Special Needs Trust, which is a critical legal tool that holds the settlement funds while preserving your child’s eligibility for essential government benefits like Medi-Cal and SSI.
This is a deeply personal and important question that we hear from many families. While our primary role is to secure your child’s financial future, the legal discovery process itself often provides answers that families desperately need. Through depositions of the medical staff and detailed reviews by our world-class experts, we can often pinpoint the exact cause of the injury. This detailed medical analysis can provide a sense of closure and give you crucial information to share with your future medical team, such as a high-risk obstetrician, to help plan for a safer future pregnancy.
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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