San Francisco Birth Malpractice Lawyer

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Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children

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How Does a San Francisco Birth Injury Lawyer Help Families After a Preventable Injury?

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 San Francisco hospital; the next, you are facing a future you never imagined, filled with medical questions, uncertainty, and trips to specialists across the city. 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? Many birth injuries require expensive medical treatment and can cause permanent damage to infants, making these questions even more urgent.

Our experienced team at The Child Injury Firm has stood beside families across San Francisco, the Bay Area, and beyond, 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 dedicated team of Birth Injury Lawyers can help!

San Francisco is a global hub for medical excellence, but that prestige does not make its hospitals immune to devastating mistakes. A common statistic about birth injuries in California is that approximately 40 babies each day are born with some type of birth injury in the state. This underscores the ongoing risks and the importance of high-quality obstetric care for California families. Families can secure substantial compensation for lifelong medical needs resulting from birth injuries. The purpose of this guide is not to frighten you. It is to equip you with clear, honest information so you can become the most powerful and effective advocate for your child within San Francisco’s complex healthcare system.

A Process of Elimination: Finding the Preventable Error

Our legal investigation often works like a medical process of elimination. We begin with the injury and then work backward with our experts to systematically rule out all potential unavoidable factors. This includes genetic conditions or properly managed complications that would be classified as birth defects. Once we have demonstrated that the injury was not caused by these unavoidable factors, the evidence often points squarely to a preventable error. The legal process for filing a birth injury claim often requires extensive preparation and evidence gathering. Determining whether medical negligence caused a child’s condition often requires a detailed review of medical records. This methodical process allows us to isolate the specific moments of medical negligence that caused the birth injury.

San Francisco Birth Injury Lawyer: What Are the Most Common Types of Medical Malpractice Birth Injuries in the Bay Area?

In a Bay Area delivery room, a newborn is completely dependent on the skill and attention of the medical team. When that trust is broken through a preventable error, the results can be devastating. Our team of birth injury lawyers has represented families throughout the country whose children have suffered a wide range of malpractice-related birth injuries, including:

  • Perinatal Asphyxia: This occurs when an infant is deprived of adequate oxygen before, during, or just after birth. It can be caused by a medical team’s failure to respond to issues like placental abruption or a compressed umbilical cord. This oxygen deprivation is a leading cause of severe, permanent brain damage, including HIE and cerebral palsy. Immediate treatment is critical for perinatal asphyxia, which may include resuscitation or insertion of a breathing tube into a newborn’s throat. Families affected by perinatal asphyxia often face the need for lifelong medical care and must secure financial compensation to support their child’s future needs.
  • Brachial Plexus Injuries: (Klumpke’s Palsy): While many are familiar with Erb’s Palsy, other nerve injuries can occur from excessive force during delivery. Klumpke’s Palsy is a severe injury to the lower nerves of the brachial plexus, often resulting in paralysis of the hand and wrist and creating a “claw-like” appearance. This is a direct result of improper maneuvering during a difficult birth. Pursuing legal action through a birth injury claim can help families recover compensation for the costs associated with their child’s injuries and ongoing care.
  • Shoulder Dystocia: This birth complication occurs when the baby’s shoulder becomes stuck behind the mother’s pelvic bone during delivery, making it difficult for the baby to pass through the birth canal. If not promptly and properly managed, shoulder dystocia can lead to serious injuries such as brachial plexus damage, nerve injuries, or even permanent disability. The impact of these injuries can affect a child’s future mobility and quality of life. Some birth injuries are temporary and may heal over time, while others can result in long-term or permanent disabilities.
  • Meconium Aspiration Syndrome (MAS): When a baby is under stress in the womb, they may pass their first stool (meconium) into the amniotic fluid. If the medical team fails to recognize signs of fetal distress or doesn’t properly clear the baby’s airways after birth, the infant can inhale this toxic substance. This can lead to severe respiratory distress, pneumonia, and permanent lung or brain damage. The long-term impact of MAS may require significant resources to ensure the child’s future stability and quality of life.
  • Spinal Cord Damage: In catastrophic cases, excessive stretching, pulling, or twisting of the infant’s body during a complicated delivery (such as a breech birth) can cause irreversible damage to the spinal cord. This can result in paralysis and a lifetime of profound disability.

Types of Birth Injuries

Birth injury refers to physical trauma sustained by a newborn during labor or delivery, often resulting from medical negligence or preventable medical complications. These injuries can be severe, permanent, and have lifelong consequences for both children and their families. In San Francisco, these serious injuries often result from medical malpractice, medical negligence, or improper medical care during labor and delivery. When healthcare providers fail to meet the standard of care, the results can include a range of devastating conditions that require extensive medical care and lifelong support. A knowledgeable San Francisco birth injury lawyer can help families affected by these injuries navigate the legal process and pursue compensation to secure their child’s future.

Some of the most common types of birth injuries seen in San Francisco birth injury cases include common birth injuries such as:

  • Cerebral Palsy: This neurological disorder is often caused by a brain injury or oxygen deprivation during birth. Cerebral palsy is one of the most common birth injuries, and children with cerebral palsy may experience challenges with muscle control, coordination, posture, and balance, often requiring lifelong therapy and support. Additionally, cerebral palsy can affect a child’s gross and fine motor skills, muscle tone, and oral motor function, further complicating their daily activities and quality of life.
  • Erb’s Palsy: Erb’s palsy is a condition caused by medical negligence during delivery, resulting from a brachial plexus injury. It can cause weakness, loss of sensation, or even paralysis in the affected arm. The medical implications of Erb’s palsy can be lifelong, and families may have legal recourse to seek compensation and hold negligent providers accountable for this preventable injury.
  • Shoulder Dystocia: When a baby’s shoulder becomes lodged behind the mother’s pelvic bone during delivery, it can lead to serious injury, including nerve damage and restricted movement in the arm or shoulder.
  • Hydrocephalus: This condition involves a buildup of fluid in the brain, which can be triggered by untreated maternal infections or trauma during delivery. Hydrocephalus may require surgical intervention and ongoing medical care.
  • Hypoxic Ischemic Encephalopathy (HIE): HIE is a severe brain injury caused by oxygen deprivation before or during birth. It can result in cerebral palsy, seizures, developmental delays, and other long-term neurological disorders.
  • Brachial Plexus Injury: Damage to the network of nerves controlling the shoulder, arm, and hand can lead to loss of movement or sensation, impacting a child’s ability to perform everyday tasks. Nerve injuries during birth can also involve the facial nerve, phrenic nerve, or spinal cord, and may result from the use of delivery forceps.
  • Respiratory Distress Syndrome: Premature birth or complications during delivery can cause a newborn to struggle with breathing. Without prompt and proper medical intervention, respiratory distress syndrome can lead to further complications, including brain damage.

These are just a few examples of the serious birth injuries that can occur when medical professionals fail to monitor fetal distress, respond to complications, or follow established protocols. Medical malpractice and medical negligence—such as failing to perform a timely C-section, misusing delivery instruments, or not treating maternal infections—are common causes of these injuries. Medical complications during labor, especially those that are preventable, can result in serious health problems for the newborn and create long-term challenges for the family. One such injury is subgaleal hemorrhage, which involves bleeding directly under the scalp and can lead to life-threatening blood loss and shock. This condition is often associated with the use of forceps or vacuum extractors during delivery.

If your child suffered a birth injury in San Francisco, it is crucial to seek legal representation from our experienced San Francisco birth injury lawyers. If you are located in Northern California, a San Francisco birth injury lawyer can also assist your family. A dedicated child & birth injury lawyer can help your family:

  • Pursue Compensation: Recover financial relief for mounting medical bills, therapy, adaptive equipment, and other costs related to your child’s injuries. Seeking compensation for a child’s injuries is essential to address both immediate and long-term needs.
  • Hold Negligent Parties Accountable: Ensure that negligent medical professionals and healthcare providers are held responsible for their actions. Legal action is necessary to hold negligent parties accountable for preventable medical errors and the harm they cause.
  • Protect Your Child’s Future: Secure the resources needed for ongoing medical care, therapy, and support, giving your child the best chance to thrive. Securing compensation is vital to support your child’s future and ensure a better quality of life.

California law imposes strict deadlines for filing birth injury claims, so acting quickly is essential to preserve your rights and maximize your compensation. If you believe your child’s injuries were caused by medical mistakes or improper medical care, contact our San Francisco birth injury lawyers for a free consultation. With our legal team on your side, you can hold responsible parties accountable and pursue the justice and support your family deserves.

Causes and Effects of Birth Injuries

Birth injuries in San Francisco can arise from a range of preventable circumstances, often linked to medical negligence, improper medical care, or untreated maternal infections. When medical professionals fail to monitor fetal distress or respond appropriately to complications during labor and delivery, the risk of serious birth injuries increases dramatically. For example, a delay in addressing signs of fetal distress or not treating maternal infections can result in devastating outcomes such as cerebral palsy, Erb’s palsy, or permanent brain damage.

The effects of these injuries are profound and can alter the course of a child’s life. Conditions like cerebral palsy may require extensive therapy, adaptive equipment, and lifelong support, while brain damage can impact cognitive development and quality of life. In many cases, these injuries could have been prevented with proper medical care and timely intervention. When families are faced with the aftermath of a San Francisco birth injury, the emotional and financial burdens can be overwhelming.

A San Francisco birth injury lawyer understands the complexities of these cases and can help families affected by birth injuries navigate the legal process. By pursuing compensation, families can secure the resources needed to provide their child with the best possible care and support, ensuring their child’s future is protected. If you believe your child’s injuries were caused by medical negligence or improper medical care, it is crucial to seek legal guidance as soon as possible.

These are not just medical conditions; they are events that fundamentally alter the course of a family’s life. Parents are forced to become experts, advocates, and full-time caregivers. The need for the best specialized medical care, adaptive equipment, accessible housing, and lifelong assistance creates a cascading financial and emotional impact that can be impossible to manage without significant support. 

What Makes a Birth Injury a Medical Malpractice Case Under California Law?

It is also crucial to recognize that from the moment a potential birth injury occurs, you are in a race. On one side, you have your family, trying to understand what happened. On the other hand, you have the hospital’s risk management team and their insurance company, who are already running their own race to protect their interests. It is common for hospitals and healthcare providers to deny liability in birth injury cases.

Birth injury lawsuits are a type of personal injury claim brought against medical providers for negligence during childbirth. Medical providers such as doctors, nurses, and hospitals can be named in a birth injury lawsuit if their actions or omissions caused harm to your child or family.

The hospital’s team gets an immediate head start. They begin their investigation right away, interviewing their doctors and nurses while memories are fresh, reviewing the charts, and building a defensive narrative. They are preparing to deny responsibility from day one. Every moment of delay for your family gives them a chance to get further ahead.

Meanwhile, a second clock is ticking: the statute of limitations

The Statute of Limitations gives you a window extending to the child’s eighth birthday to file a birth injury lawsuit. 

Do not overlook the specific rule for government facilities, which requires that you file a “Government Tort Claim” within the first six months.

 

Hiring our firm means you are no longer running this race alone. It means you have a team of professional runners on your side. We immediately launch our own investigation to catch up to and pull ahead of the defense. We send legal notices to preserve all evidence, we engage our own medical experts to analyze the records, and we prepare your case to win. Our Attorneys guide families through the legal process, handling discovery, negotiation, arbitration, and trial as necessary. Attorneys work on a contingency fee basis, meaning they only collect fees if a settlement or award is secured. The race for justice has already begun. Let us run it with you and for you. 

Proving Liability in Birth Injury Cases

Establishing liability in San Francisco birth injury cases requires a meticulous review of medical records and a deep understanding of the standard of care expected from medical professionals. Our birth injury lawyers will conduct a thorough investigation, examining every detail of the labor and delivery process to determine whether a breach of duty occurred. This often involves analyzing fetal heart rate monitoring data, delivery notes, and other critical medical records to identify where mistakes may have been made.

Expert testimony is a key component in these cases, as medical experts can clarify how the actions—or inactions—of healthcare providers led to the child’s injuries. In some situations, liability may extend beyond individual medical professionals to include hospitals or even medical device manufacturers if equipment failure contributed to the injury. A skilled San Francisco birth injury lawyer will identify all responsible parties and build a compelling case to hold them accountable.

By leveraging their experience and resources, our San Francisco birth injury lawyers can help families pursue the compensation they deserve. This process not only seeks justice for the child’s injuries but also helps ensure that similar mistakes are not repeated in the future.

Compensation for Birth Injuries in San Francisco

When a child suffers a birth injury in San Francisco due to medical malpractice or medical negligence, the financial and emotional toll on families can be overwhelming. Compensation in these cases is not just about holding negligent parties accountable—it’s about ensuring your child receives the medical care, therapy, and support they need for the rest of their life.

A successful birth injury claim can provide financial relief for a wide range of expenses. This includes immediate and ongoing medical bills, specialized therapies, adaptive equipment, home modifications, and even compensation for pain and suffering. For serious birth injuries such as cerebral palsy, brachial plexus injury, or brain injury, the costs can be lifelong and substantial. Compensation can also address lost earning potential and the need for future care, helping families plan for their child’s future with greater security.

To recover maximum compensation, families must prove that medical professionals or medical providers failed to meet the standard of care—whether by not properly monitoring fetal distress, delaying necessary interventions, or making critical medical mistakes during delivery. This process often involves a thorough review of medical records, consultation with medical experts, and a detailed investigation into the circumstances surrounding the san francisco birth injury.

Our San Francisco birth injury lawyers play a crucial role in this process. With experience handling complex birth injury cases, our legal team can gather evidence, build a compelling case, and negotiate with insurance companies or pursue litigation if necessary. Our goal is to secure the maximum compensation possible so your family can focus on your child’s recovery and well-being.

If your family has been affected by a birth injury caused by medical negligence, don’t wait to seek help. California law imposes strict deadlines for filing birth injury lawsuits, and acting quickly is essential to preserve your rights. Contact our San Francisco birth injury lawyers for a free consultation to discuss your case, understand your legal options, and take the first step toward financial compensation and justice for your child’s injuries. With the right legal representation, you can pursue compensation and ensure your child’s lifelong medical care and support are protected.

Where in San Francisco Do Most Families Deliver Their Babies?

San Francisco is served by several world-class medical centers known for their advanced maternity care. Some of the major centers for childbirth in the city include:

San Francisco County has seen record-setting verdicts and settlements in birth injury and medical malpractice cases, making it a significant jurisdiction for families seeking justice. Connecting with these groups can provide comfort, practical assistance, and a sense of community, reminding you that you are not on this journey alone. 

Law Firm with Birth Injury Experience is Essential for Your Family’s Case

Suing a major San Francisco medical institution is not a fair fight. They are protected by sophisticated insurance carriers and elite defense law firms whose entire purpose is to defeat your claim and protect their client’s reputation. Lawyers focused on birth injuries possess a specific understanding of proving negligence in complex delivery room scenarios. To overcome this formidable defense and secure your child’s future, your legal team must be built on three non-negotiable pillars of strength. Lawyers should have resources to conduct detailed investigations and gather extensive evidence against well-funded legal teams from hospitals and insurers. The goal of legal representation in these cases is to secure the maximum compensation possible for affected families. 

Unassailable Medical Expertise: First, your lawyers must speak the language of medicine as fluently as they speak the language of law. Our team has the proven experience to dissect complex fetal monitoring strips, delivery notes, and neonatal records from systems like UCSF and Sutter Health, pinpointing the exact moments where the standard of care was broken.

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A National Network of Credible Experts: Second, your firm must have access to the nation’s top medical specialists. We have spent decades building relationships with renowned obstetricians, neonatologists, and life care planners who are willing to stand up and testify against even the most powerful institutions, lending undeniable authority and credibility to your case in a San Francisco courtroom.

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The Financial Fortitude to Go the Distance: Finally, your firm must have the resources to fund these incredibly expensive cases from start to finish. Hospitals often fight a war of attrition, hoping you’ll run out of money. Our firm has the financial strength to match them dollar for dollar, ensuring we never have to compromise on securing the best possible outcome for your family.

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These three pillars are not just talking points; they are the essential requirements for achieving justice. For us, building this strength is our mission, because securing your child’s future is our cause.

Key Resource Groups in San Francisco, CA

For families in San Francisco facing the challenges of a birth injury diagnosis, connecting with the right support network is a critical step. Here are five of the top resource groups that provide invaluable assistance, community, and information.

Golden Gate Regional Center (GGRC) This is the most important first call for any family. GGRC is the state-funded, non-profit organization that serves San Francisco, Marin, and San Mateo counties. It is the primary entry point for accessing and funding essential services for children with developmental disabilities, including early intervention programs, physical and occupational therapies, medical equipment, and respite care for families.

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Support for Families of Children with Disabilities This is an exceptional, San Francisco-based organization that provides direct, local support. They specialize in connecting parents with other parents who have similar experiences, offering a powerful sense of community and understanding. They also provide workshops, resource libraries, and expert help in navigating the city’s complex educational and healthcare systems.

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United Cerebral Palsy of the Golden Gate (UCPGG) For families dealing specifically with a cerebral palsy diagnosis, UCPGG is a vital resource. As a leading advocacy group for the Bay Area, they provide specialized programs, family support, and direct services. They are a powerful ally in helping families understand the challenges and opportunities that come with a CP diagnosis.   

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The CDC on Cerebral Palsy Facts When you are trying to understand a complex medical diagnosis, having a source for clear, unbiased information is essential. The Centers for Disease Control and Prevention (CDC) provides the most reliable and authoritative medical data about conditions like Cerebral Palsy, helping parents separate facts from myths.

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Next Steps for Families

If your child has suffered a San Francisco birth injury, taking prompt action is essential to protect your family’s rights and secure your child’s future. The first and most important step is to consult with our birth injury lawyers who specialize in these complex cases. Many law firms, including ours, offer a free initial consultation to help families understand their options and the legal process ahead.

Gathering all relevant medical records and documentation related to the birth injury is also crucial. These records provide the foundation for building a strong birth injury claim and can be instrumental in proving negligence by medical professionals. With the guidance of our experienced San Francisco birth injury lawyers, families can navigate the often overwhelming legal process, from filing a claim to negotiating with insurance companies or pursuing litigation if necessary.

Legal representation ensures that negligent medical professionals are held accountable and that your family has access to the financial resources needed for your child’s care, therapy, and support. Don’t wait—reach out for a free initial consultation to discuss your case and take the first step toward justice and compensation for your child’s injuries. With the right injury lawyer by your side, you can focus on your child’s well-being while your legal team fights for the support your family deserves.

Key Takeaways

  • A birth injury is harm that happens during delivery and is often preventable, unlike a birth defect.
  • There is a strict deadline (statute of limitations) for filing a lawsuit in California. Do not wait to seek help, as critical evidence can disappear.
  • Our Medical Malpractice Birth Injury Lawyers have the medical knowledge, a network of top experts, and the financial resources to fight and win against powerful Bay Area hospitals.
  • Recoverable damages in birth injury cases can include medical expenses, lost income, and costs for long-term care.

Common Questions About San Francisco, California Birth Injury Cases

How has the new MICRA law (AB 35) in California changed what my family can recover for a birth injury?

The new law significantly increases the cap on non-economic damages (for pain and suffering), which was previously fixed at $250,000. As of 2023, this cap is now higher and will continue to increase annually to account for inflation, allowing families to seek more just compensation for their profound losses.

The hospital is blaming me for my child's birth injury. Is this a common tactic in California?

Yes, unfortunately. It is a common defense tactic for hospitals and their insurance companies to try and shift blame to the mother’s actions during pregnancy or labor. Our experienced California birth injury firm will know how to anticipate and dismantle these “blame the victim” arguments with medical evidence and expert testimony.

My child was born at a large Bay Area hospital, like a Kaiser or Stanford facility. Can we really take them on?

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 Bay Area. Pursuing legal action through birth injury lawsuits is possible, and our experienced lawyers can guide your family through every step of the process. We have the resources, expert networks, and courtroom experience to level the playing field and hold them accountable.

How do we find the best medical experts for a San Francisco birth injury case?

Finding the right expert is crucial. The best experts are not just leaders in their field (like neonatology or obstetrics), but they are also excellent communicators who can clearly explain complex medical concepts to a jury. Our firm has spent decades building a national network of these elite, credible experts who are willing to stand up and testify on behalf of injured children.

What is the first step our family should take if we believe a birth injury happened in San Francisco?

The most important initial step is to ensure your child receives the highest-quality medical care and to gather all relevant medical records as soon as possible. Once your child is stable, promptly consult a law firm specializing in birth injury cases — don’t delay, as California has strict statute of limitations rules that could affect your ability to pursue a claim if too much time passes. Families are encouraged to obtain a free initial consultation with our birth injury lawyers to discuss their situation, understand their legal options, and determine if pursuing legal action through a birth injury lawsuit is appropriate. Early legal advice ensures you protect your child’s rights and preserve critical evidence for your case.



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Testimonials

Child & Birth Injury Lawyers: Making a Difference When It Matters Most

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.

Life-Changing Financial Security

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.

Ongoing Client Support and Protection

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.

Caring for Clients and the Community

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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