Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
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A medical malpractice birth injury diagnosis instantly transforms a parent into a full-time medical advocate, a role no one is ever prepared to take on. Instead of celebrating milestones, families in Anaheim and across Orange County find themselves navigating a complex web of doctors, therapists, and medical bills following a preventable error in the delivery room. Birth injuries can arise at any stage of the delivery process and can even be traced back to pregnancy. The initial shock gives way to an urgent search for answers and a deep need to understand how this could have been allowed to happen.
Our team of medical malpractice birth injury lawyers was founded on a single, unwavering belief: that a child’s future should never be limited by a preventable mistake. This conviction drives our work every day as we seek accountability for families in Anaheim. We are here to provide not just legal representation, but a clear path to action and a powerful voice for your child.
This advocacy is critically needed, even here in Orange County. The unfortunate truth, confirmed by extensive research showing medical negligence is a major cause of harm in the U.S., is that no hospital is perfect. The California Statute of Limitations provides a timeline for filing your legal complaint:
California Statute of Limitations for birth injury lawsuits: You have until your child’s eighth birthday to file your case in court.
If the injury occurred at a government or county hospital, you are required to file a formal ‘Notice of Claim’ within six months of the incident.
When a newborn is in the NICU or receives a frightening diagnosis, a parent’s first and most urgent question is simply, “Why?” The reality is that there is a wide spectrum of reasons a baby can face long-term medical or developmental problems. Our legal investigation begins by acknowledging this medical complexity.
The potential causes can range from prematurity, infection, and respiratory distress to genetic conditions and other congenital anomalies. While some of these factors are unavoidable medical realities, our critical task is to determine if a preventable medical error played a role.
The central question of our investigation is not simply “was it a birth defect or a birth injury?” Instead, we ask: “Amidst all of these complex medical factors, did a mistake by the medical team cause or contribute to the harm?”
For instance, was a post-birth infection an unavoidable complication, or was it the result of a hospital’s failure to follow proper hygiene protocols? Was your child’s brain damage the result of a known genetic issue, or was it caused by a doctor’s failure to respond to signs of hypoxia during labor?
Our mission is to meticulously analyze the complete medical picture, separating unavoidable outcomes from instances of malpractice. This deep, evidence-based investigation is the only way to provide your family with the clear, honest answers you deserve about what truly happened to your child.
A deviation from the accepted standard of care in an Anaheim-area delivery room can lead to catastrophic, lifelong harm. Our lawyers who handle catastrophic birth injury claims have seen the devastating consequences of these failures and have successfully handled cases involving a wide range of negligent acts, similar to:
A preventable birth injury forces a family to adapt to a new and challenging reality. The future becomes a landscape of medical needs, therapeutic goals, and accessibility challenges. Compensation for birth injuries can include medical expenses and therapy, providing families with the financial resources necessary to navigate this new reality and ensure your child has every opportunity to thrive.
For a birth injury to become a successful medical malpractice case in Anaheim, a family’s claim must pass through three critical legal “gates.” Each one requires specific proof and expert guidance. Our lawyers are responsible for managing all legal paperwork and ensuring compliance with California’s statute of limitations, which is crucial to advancing the case through these gates.
Gate 1: The Timeliness Gate (The Statute of Limitations)
The California Statute of Limitations for a child’s birth injury is conditional. While the maximum time to file a lawsuit against a private doctor is the child’s eighth birthday (for injuries before age six), the reality is usually much shorter.
Critical Takeaway: If the care was provided by a county or state hospital, you must comply with the six-month claim filing deadline first. Missing this initial six-month claim permanently bars recovery against the government.
Contact our experienced attorneys immediately to sort out the specific deadlines that apply to your case and ensure this critical two-step process is not missed.
Gate 2: The Proof Gate (Negligence & Causation)
Once through the first gate, our legal team for birth-injury medical malpractice claims must present the core of our case. This involves proving two interconnected facts: First, we must establish Negligence by showing that a doctor or hospital in Orange County failed to meet the “standard of care.” Second, we must prove Causation by drawing a clear, convincing line with medical evidence that this specific act of negligence was the direct cause of your child’s injury.
Gate 3: The Compensation Gate (MICRA Reform)
After proving your case, the final gate determines the extent of the recovery. For decades, a law called MICRA unjustly limited what families could receive for their suffering. However, a landmark 2023 reform (Assembly Bill 35) has now opened this gate much wider, significantly increasing the cap on these “non-economic” damages. An expert legal team is crucial to navigating this new law and securing the full and fair compensation your family is now entitled to.
When your child’s future is at stake, choosing the right legal team is the most important decision you will make. To counter the hospital’s aggressive and well-funded defense in an Orange County courtroom, your firm must provide the right answers to these four essential questions:
“Do they truly understand the medicine? A birth injury case hinges on the evidence found within the medical records. Our team has years of experience analyzing complex charts from local hospitals like Hoag, UCI Health, and St. Joseph, enabling us to pinpoint the exact errors in care.”
Who is on their team of experts? The hospital will have its own paid experts. We counter them with a national network of elite, board-certified specialists in fields like neonatology and obstetrics who can provide clear, authoritative testimony on your child’s behalf.
Do they have the financial resources to go the distance? These cases are incredibly expensive to litigate. Our firm has the financial fortitude to fund your case entirely, ensuring we never have to settle for less than your child deserves because of financial pressure.
Do they understand the local legal landscape? Knowing the specific procedures in the Orange County Superior Court system and courtrooms nationwide is a critical strategic advantage. Our deep insight allows us to navigate the system effectively for our clients.
For our attorneys with a focus on birth trauma litigation, meeting these high standards isn’t just business—it’s our commitment to securing the resources your child needs for a lifetime of care. Prime considerations when hiring a birth injury lawyer include specialized experience, a proven track record, trial experience, clear communication, and compassion.
Orange County is home to several nationally recognized hospitals with busy and highly-regarded maternity centers. Some of the major centers for childbirth for families in Anaheim and the surrounding OC include:
Birth injuries are a devastating reality for many families, often resulting in emotional distress, significant financial burdens, and lifelong challenges for the child. These injuries can occur during labor, delivery, or immediately after birth, and are frequently preventable with proper medical care and attention. According to the Centers for Disease Control and Prevention (CDC), approximately 255,500 babies in the United States experience birth injuries each year, with a significant portion of these cases classified as moderate to severe. When a child suffers a birth injury, families are often left facing mounting medical expenses and uncertainty about their legal options. Consulting with our knowledgeable birth injury lawyers is crucial to understanding your rights and pursuing a birth injury lawsuit. Our experienced injury lawyers can help you seek compensation for medical expenses, pain and suffering, and other damages, ensuring your family receives the support and justice you deserve.
Birth injuries can manifest in a variety of ways, ranging from physical trauma to neurological disorders. Some of the most common types of birth injuries include cerebral palsy, brachial plexus injuries, and spinal cord injuries. These serious conditions can result from medical errors such as the use of excessive force during delivery, improper application of medical interventions like forceps or vacuum extractors, or a failure to respond promptly to signs of fetal distress. In addition to medical mistakes, certain medical conditions—such as umbilical cord compression, prolonged labor, or unmanaged fetal distress—can also contribute to birth injuries. Often, these injuries are the result of negligence by medical professionals, including doctors, nurses, and other healthcare providers involved in the childbirth process. To determine the causes of birth injuries and hold the responsible parties accountable, it is essential to gather evidence, including comprehensive medical records and expert opinions. This process helps ensure that negligent medical professionals and healthcare providers are identified and that families can pursue justice for their child’s injuries.
Receiving a diagnosis for your child is overwhelming. Finding the best resources near you 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 Anaheim area:
Preparing for childbirth in Anaheim and Orange County is an exciting journey, but it’s also a time when expectant parents should be informed and proactive about their family’s health and safety. While the majority of births in the region are safe, it’s important to recognize that birth injuries can occur—even in the best hospitals. These injuries can have serious consequences, such as cerebral palsy, brain damage, spinal cord injuries, and other lifelong medical conditions. Contestable types of birth injuries include Cerebral Palsy, Hypoxic-Ischemic Encephalopathy, Erb’s Palsy, brain injuries from oxygen deprivation, spinal cord injuries, and bone fractures. According to national statistics, approximately 27 out of every 1,000 births result in some form of birth injury, underscoring the importance of vigilance and preparation.
One of the most effective ways to minimize the risk of birth injuries is to choose a qualified and attentive medical provider. Ensuring you receive comprehensive prenatal care, attending all recommended appointments, and discussing any concerns with your healthcare team can make a significant difference. It’s also crucial to be aware of warning signs during pregnancy and labor—such as fetal distress, umbilical cord complications, or abnormal heart rates—and to seek immediate medical attention if anything feels wrong. Medical professionals, including doctors, nurses, and other medical staff, are responsible for monitoring both mother and baby throughout the delivery process and responding promptly to any complications.
Unfortunately, even with the best preparation, medical errors and negligence can still occur. Birth injuries caused by medical mistakes—such as excessive force during delivery, improper use of medical interventions like forceps or vacuum extractors, or a failure to respond to signs of fetal distress—are a significant concern. These errors can lead to serious birth injuries, including brachial plexus injuries, erb’s palsy, brain injuries, skull fractures, and other forms of birth trauma. When a negligent medical professional or hospital staff failed to provide the standard of care, families may be left facing overwhelming medical expenses, the need for lifelong medical care, and the emotional toll of seeing their child suffer.
If your child sustains a birth injury, it’s essential to consult with our experienced birth injury attorneys as soon as possible. Navigating a legal claim for your child’s birth injury or a medical malpractice claim can be complex, requiring a thorough review of medical records, gathering evidence, and working with medical experts to establish the causes of birth injuries. Our skilled birth injury lawyers can help you understand your legal options, build a strong case, and fight for the compensation your family needs to cover medical bills, physical therapy, adaptive equipment, and other necessary support for your injured child. Key services of a birth injury lawyer include investigating negligence, hiring medical experts, handling insurance and court processes, and fighting for compensation on a contingency fee basis.
At Child Injury Firm, our dedicated birth injury attorneys have extensive experience handling serious birth injury cases throughout the country.. We understand the challenges families face after a child’s birth injury and are committed to helping you recover compensation and secure your child’s future. If you believe your child’s injury was caused by medical negligence or errors during the childbirth process, don’t hesitate to reach out for a free consultation. Our law firm is here to guide you every step of the way, ensuring your family’s rights are protected and your child receives the care they deserve. Our lawyers work on a contingency fee basis, meaning there are no upfront costs, and we only get paid if we win your case.
Filing a birth injury lawsuit can feel overwhelming, but understanding the process can help families feel more prepared and empowered. The journey typically begins with a free consultation with a birth injury lawyer, who will review your case details and advise you on the best legal options. If you choose to move forward, your injury lawyer will gather evidence, including your child’s medical records, and work with medical experts to build a compelling case. Throughout the lawsuit, our experienced birth injury attorneys will handle negotiations with the responsible parties and their insurers, always striving to secure maximum compensation for your child’s injuries. While some cases may proceed to trial, many are resolved through settlements, allowing families to avoid lengthy court proceedings. By partnering with a dedicated injury lawyer like those at The Child Injury Firm, you can focus on your child’s recovery while your legal team works tirelessly to protect your rights and future.
When a child suffers a birth injury, the financial and emotional impact on the family can be immense. Compensation from a successful birth injury claim can help cover a wide range of medical expenses, including hospital bills, ongoing therapy, adaptive equipment, and even lifelong medical care if needed. In addition to medical costs, families may be entitled to damages for pain and suffering, loss of future earning potential, and other related losses. The amount of compensation depends on the severity of the injury, the extent of medical expenses, and the long-term needs of the child. Our experienced birth injury lawyers will work diligently to ensure you receive the maximum compensation available, allowing you to focus on your child’s well-being and future. With the right legal support, you can navigate the complexities of the legal system and secure the resources your family needs to move forward.
Key Takeaways
Yes, absolutely. This is a common and frustrating obstacle for families. The firm’s birth injury and medical negligence legal team has the authority to make a formal demand for all relevant records, including fetal monitoring strips, doctors’ notes, and the hospital’s internal communications. If the hospital fails to comply, we can use the power of a subpoena to compel them to produce the documents. Obtaining and securing these records is the critical first step of our investigation, and it is a hurdle we are adept at overcoming. It is also essential to gather evidence such as medical records and expert opinions to establish liability in birth injury and medical malpractice cases.
It is rare for birth injuries to be caused by a single mistake. More often, birth injuries occur due to a combination of errors by healthcare professionals and other medical personnel—a “cascade of negligence”—where a series of small errors compound into a catastrophe. For example, a nurse may fail to report fetal distress, and then the on-call doctor may be slow to respond. Common causes of birth injuries include shoulder dystocia, oxygen deprivation, and bone fractures, all of which can result from improper management during labor and delivery. Our legal and medical investigation reconstructs the entire timeline to identify every point where the standard of care was breached, as many birth injuries are caused when a healthcare provider breached their duty. Specific types of birth related injuries, such as brachial plexus injury and Erb’s Palsy, can result from excessive force or improper delivery techniques. In some cases, a doctor failed to respond to signs of fetal distress, which can lead to a child’s birth injury, including damage to the baby’s brain or the development of a neurological disorder. For example, hypoxic-ischemic encephalopathy (HIE) can occur when there is insufficient oxygen and blood flow during birth, causing serious injury to the baby’s brain. It is possible to hold multiple parties accountable, including different medical doctors, healthcare providers, the nursing staff, and the hospital itself, in medical malpractice claims.
This is an understandable and intimidating factor for many families. However, in a court of law, a doctor’s reputation is not a defense against negligence. The case is not about the doctor’s entire career or their standing in the community; it is about their specific actions—or inactions—during a particular window of time. The evidence presented in the medical records and through expert testimony is what determines the outcome, not public opinion or a doctor’s prestigious background. Whether a child’s injury or when a child suffered harm is evaluated based on the specific actions of the medical staff, not their reputation.
No. In fact, the opposite is usually true. The vast majority of birth injury cases—well over 90%—are resolved before ever reaching a trial. This is typically accomplished through a formal process known as mediation, where both parties meet with a neutral third party to negotiate a settlement. We prepare every single case as if it will go to trial, which allows us to negotiate from a position of maximum strength and often encourages the hospital’s insurance company to offer a fair settlement outside of the courtroom. Birth injury claims and personal injury claims are often resolved through negotiation, and families can pursue maximum compensation for the impact on their child’s life. Birth injuries can have a profound, long-term impact on a child’s life, affecting their overall well-being and future, so it is important to seek compensation that addresses both immediate and lifelong needs.
Your child’s health and well-being are the absolute priority. Our dedicated birth injury attorneys and the legal system have procedures to protect them. In almost all birth injury cases, a young or disabled child will not have to testify or sit through stressful legal proceedings. Their story is told through their medical records, the testimony of medical experts, and, most importantly, through you—their parents. We handle the legal battle so you can focus on what matters most: your child. The legal process is designed to protect the child’s life and well-being, and the focus is on the evidence of the child’s birth injury rather than direct involvement of the child.
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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