Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
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Choosing to have your baby in a Bakersfield hospital comes with the expectation of competent, attentive care. But when that expectation is shattered by a preventable medical error, a family’s world is turned upside down. The joy of childbirth is replaced by a new reality of neonatal specialists, confusing diagnoses, and profound uncertainty about your child’s future.
Our dedicated birth injury team of lawyers was founded on the unwavering belief: no family in Kern County should have to bear the lifelong financial and emotional burden of a medical malpractice birth injury caused by someone else’s negligence. This conviction drives our work every day. We are here to be your advocates and allies, transforming your pain into a powerful pursuit of justice and ensuring your rights under California law are fully enforced.
Even with the many dedicated medical professionals in our community, preventable errors continue to be a serious national problem. Influential studies have confirmed that medical mistakes are a leading cause of life-altering injury in the U.S. This guide is your first step toward gaining the clarity you need—not to cause alarm, but to equip you with the facts so you can become your child’s most effective champion.
When a child is born with a serious health condition, the fundamental legal question that must be answered is one of Nature versus Negligence. “Nature” encompasses the wide spectrum of unavoidable factors like genetics or prematurity. “Negligence,” however, refers to a birth injury—harm caused directly by a medical mistake during labor and delivery. That failure often looks like a delayed C-section or a mismanaged infection that a reasonably competent medical team would have handled correctly. Our entire investigation is focused on gathering the evidence to prove that the harm was a direct result of that unacceptable failure. Our mission is to meticulously analyze the complete medical picture to determine whether your family is facing the outcome of nature or the consequences of negligence.Â
A deviation from the accepted standard of medical care in a Bakersfield delivery room can lead to catastrophic, lifelong harm for a newborn. Our experienced team of child injury attorneys has represented families whose lives were forever changed by preventable birth injuries, including:
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. The purpose of a birth injury claim is to provide your family with the tools and financial resources necessary to navigate this new reality and ensure your child has every opportunity to thrive.
A birth injury becomes a medical malpractice case in Bakersfield when our lawyers, who handle catastrophic birth injury claims, can establish a transparent chain of accountability. This legal process involves proving a series of connected facts under the specific rules of California law.Â
Most people think they have years to file a birth injury lawsuit. While California law does extend the deadline for children, the time is much shorter than you think, especially if a public entity (like a County Hospital) is involved.
Parents generally have until the child turns eight years old to file a lawsuit, which gives time to see how the injury affects their development.Â
For cases involving public facilities, you must also submit an administrative claim within just six months of the injury.
Action Required: Your separate claim for the parents’ expenses (like initial medical bills) has an even shorter deadline. Consult an attorney now to protect all claims.
Establishing the Duty (The Standard of Care): The chain begins with the professional duty that every doctor, nurse, and hospital in Kern County owes to a patient. This duty is to provide a “standard of care,” which is a legal benchmark for what a reasonably skilled and competent medical professional would have done in the same situation.
Proving the Breach (The Mistake): Next, we must prove a breach of that duty. This means pinpointing the specific, preventable mistake—whether it was a doctor misreading clear signs of fetal distress, a nurse failing to escalate an urgent problem, or a hospital being dangerously understaffed.
Linking the Breach to the Harm (Causation): This is the most critical link. We must scientifically and medically prove that the specific breach of duty was the direct cause of your child’s injury. This requires building an unshakable argument, supported by testimony from world-renowned medical experts.
This entire chain of accountability is governed by two crucial California laws that every family must understand:
When your child’s future is at stake, choosing the right birth injury legal team is the most important decision you will make. To counter the hospital’s aggressive and well-funded defense in a Kern County courtroom, The Child Injury Firm must provide the correct answers to these four essential questions:
Are they fluent in both medicine and law? A birth injury case hinges on the evidence hidden within complex medical records. Our team of birth injury attorneys have decades of experience analyzing charts from local hospitals like Mercy and Adventist Health, allowing us to pinpoint the precise errors that constitute negligence. This deep medical knowledge is crucial for understanding what happened and explaining it clearly to a jury.
What caliber of medical experts will they bring to your case? The hospital will use its own experts to defend its actions. To counter this, we bring in a more powerful voice: a national network of elite, board-certified medical specialists. These are the leading neonatologists and obstetricians from top teaching hospitals whose credibility is beyond reproach, ensuring your child’s case is supported by unimpeachable, authoritative testimony.
Do they have the financial resources to go the distance? These cases are costly to litigate. The Child Injury 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 Kern County court system is a critical strategic advantage. Our deep insight allows us to navigate the system effectively for our clients.
For the child injury lawyers at our firm, meeting these high standards isn’t just business—it’s our commitment to securing the resources your child needs for a lifetime of care.
Bakersfield and Kern County are primarily served by a few major hospitals that handle the majority of births in the area. These include:
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 Bakersfield area:
Birth injuries are life-altering events that can profoundly affect a child’s future and place a significant emotional and financial burden on families. The long-term effects of a birth injury can alter a child’s future, making it critical to secure compensation that supports their lifelong needs. Taking legal action is essential to protect the child’s future and secure resources for lifelong care. Common birth injuries and types of birth injuries include cerebral palsy, Erb’s palsy, brachial plexus injuries, brain injury, spinal cord injuries, and permanent brain damage. These injuries often occur during labor and delivery, sometimes as a result of medical negligence or preventable mistakes made by medical professionals. When a child suffers a birth injury—such as cerebral palsy, Erb’s palsy, brachial plexus injuries, or spinal cord injuries—families are left searching for answers, support, and justice. Birth injuries can have a profound effect on a child’s life and future, often requiring lifelong care and support, making legal action essential to secure resources for ongoing care.
Many birth injuries are the direct result of a negligent medical professional failing to uphold the standard of care. This can include errors like using excessive force during delivery, failing to monitor fetal distress, improper use of delivery tools, or a delayed c section. Preventable birth injuries often result from medical errors or someone else’s negligence in the delivery room. Such medical mistakes can lead to serious injuries, brachial plexus injuries, permanent brain damage, or even wrongful death. For example, Erb’s palsy is a condition caused by medical negligence that results from damage to the brachial plexus nerve network, affecting a child’s arm mobility and sensation. Shoulder Dystocia is another serious complication during delivery that can cause nerve damage and restricted mobility. In these situations, families have the right to pursue a birth injury lawsuit to hold the responsible parties, including the negligent party, accountable and to secure compensation for their child’s injury. Oxygen deprivation during delivery can cause brain injury, hypoxic-ischemic encephalopathy—a devastating condition caused by a newborn’s brain being deprived of oxygen during delivery—and permanent brain damage to the newborn’s brain. Common signs of birth injury include seizures, breathing problems, and trouble feeding. The effects of a birth injury can be profound and lasting, impacting every aspect of a child’s life.
Filing a birth injury claim in California is a complex legal process, governed by strict statutes of limitations. It is crucial that lawyers meet all legal deadlines to preserve the right to seek compensation. Consulting with a Bakersfield birth injury attorney as soon as possible is essential to ensure that your claim is filed within the required timeframe. The process includes an initial consultation, thorough investigation of medical records, and possibly filing a lawsuit in court. Birth injury attorneys have the expertise to gather evidence, negotiate with insurance companies, and represent clients at trial if necessary. Our experienced birth injury lawyers can review your medical records, work with medical experts to determine if medical negligence occurred, and guide you through every step of the legal process. Legal expertise is especially important in a child’s case to ensure all aspects of the injury and future needs are properly evaluated and pursued. Identifying liable parties includes investigating the roles of all medical professionals, including the medical team involved in the birth process, and determining the negligent party.
The financial impact of a preventable birth injury can be overwhelming. Medical expenses, ongoing therapy, adaptive equipment, and lost wages can quickly add up, creating a heavy financial burden. Most birth injury lawyers work on a contingency fee basis, meaning clients pay only if they win or settle their case. A successful birth injury lawsuit can help families secure compensation not only for immediate medical bills but also for future care, pain and suffering, and other related costs. Birth injury settlements can average $1 million or more, depending on the case. Compensation may be significantly higher in cases involving a permanent injury, as lifelong care and support are required. By working with a skilled Bakersfield birth injury attorney, families can focus on their child’s recovery while their legal team fights to secure maximum compensation.
Many birth injuries could have been prevented with proper medical care and attention. When medical professionals fail in their duty, it is crucial to seek justice—not only for your own child but to help prevent similar tragedies for other families. Legal action can help families seek justice and secure resources for the child’s life. A proven injury lawyer with experience in birth injury cases can help you understand your legal options, determine the monetary value of your child’s case, and negotiate with insurance companies to achieve a fair settlement. A proven track record includes past settlements and verdicts in similar cases such as cerebral palsy and HIE.
At Child Injury Firm, we understand the challenges families face after a child’s birth injury. That’s why we offer free consultations and work on a contingency basis, meaning you pay no upfront costs. Our legal team has a proven track record of helping families secure compensation for many birth injuries, and we are committed to holding negligent parties accountable. Compassionate communication, including clear explanations and a patient demeanor, is central to building trust with our clients. If you believe your child’s injury was caused by medical negligence, don’t wait—reach out to a Bakersfield birth injury attorney today to explore your legal options and take the first step toward securing your child’s future.
Preparing for a birth injury case in Bakersfield requires careful planning and a clear understanding of both the legal process and the unique challenges your family may face. The first and most important step is to gather all relevant medical records related to your child’s birth, including prenatal care, labor, and delivery documentation. These records are essential for your birth injury lawyer to evaluate whether medical negligence or malpractice contributed to your child’s injury, such as cerebral palsy, brachial plexus injuries, or spinal cord injuries.
A thorough review of these medical records by a skilled Bakersfield birth injury attorney or medical expert can help identify signs of fetal distress, improper use of delivery tools, or other preventable birth injuries. Understanding the types of birth injuries—ranging from common birth injuries like brain injuries to more specific conditions such as brachial plexus injuries—will help you and your legal team build a strong foundation for your birth injury lawsuit.
In many birth injury cases, the actions or inactions of a negligent medical professional can result in serious, sometimes permanent, harm to your child. This can lead to significant medical expenses, lost wages for parents who must care for their child, and a lasting financial burden on your family. By working with a birth injury lawyer, you can pursue birth injury claims that seek to secure compensation for these costs, ensuring your child receives the medical care and support they need for the future.
It’s important to act quickly, as California law imposes strict deadlines for filing birth injury claims. Consulting with a Bakersfield birth injury attorney as soon as possible helps protect your rights and ensures you do not miss the opportunity to seek fair compensation. Most law firms offer free consultations, allowing you to discuss your child’s case and explore your legal options without any upfront costs. By choosing a law firm that works on a contingency fee basis, you can move forward with your case knowing you will not pay unless your attorney successfully secures compensation for your child’s injury.
Ultimately, preparing for a birth injury case is about more than just legal action—it’s about seeking justice for your child and helping your family move forward. If you believe your child’s birth injury was caused by someone else’s negligence, don’t hesitate to reach out to a Bakersfield birth injury lawyer. With the right legal support, you can focus on your child’s recovery while your legal team works to secure maximum compensation and a brighter future for your family.Â
When a family in Bakersfield faces the devastating reality of a birth injury, a birth injury attorney becomes an essential ally in the fight for justice and fair compensation. These legal professionals specialize in birth injury cases, focusing on situations where medical professionals’ mistakes—such as medical negligence, improper monitoring of fetal distress, or excessive force during delivery—have led to serious harm like cerebral palsy, spinal cord injuries, or brain damage due to oxygen deprivation.
A Bakersfield birth injury attorney’s primary mission is to help families secure compensation for the medical expenses, ongoing care, and other costs that arise from a child’s injury. This process often begins with a free consultation, where the attorney reviews your medical records, listens to your story, and helps you understand your legal options. By offering these consultations at no upfront cost, birth injury lawyers make it possible for families to seek justice without adding to their financial burden.
Throughout the legal process, your attorney will meticulously investigate the circumstances of your child’s birth, working with medical experts to identify any medical mistakes or breaches in the standard of care. They will gather evidence, consult with specialists, and build a strong case to prove that a negligent medical professional or healthcare provider was responsible for your child’s injury. This includes handling all communications with insurance companies and negotiating for a settlement that truly reflects the monetary value of your child’s case—including both immediate and long-term medical expenses, lost wages, and the costs of supporting your child’s future.
Birth injury attorneys are experienced in handling a wide range of common birth injuries, from cerebral palsy and Erb’s palsy to permanent brain damage and spinal cord injuries. They understand the complexities of California law and the strict deadlines for filing a medical malpractice claim, ensuring that your case is filed on time and in accordance with all legal requirements.
Choosing the right birth injury lawyer is crucial. Look for law firms with a proven track record in birth injury cases and a commitment to compassionate, client-focused representation. Many reputable attorneys work on a contingency fee basis, so you only pay if they secure compensation for your family. This approach allows families to pursue legal action without worrying about upfront costs or additional financial stress.
Beyond legal representation, a birth injury attorney provides much-needed support and guidance during an incredibly challenging time. They advocate for your family’s rights, help you navigate the legal matter with confidence, and work tirelessly to hold negligent parties accountable. By partnering with a skilled injury lawyer, families in Bakersfield can focus on their child’s recovery while their legal team fights to secure the resources needed for a brighter future.
If you believe your child’s birth injury was caused by medical negligence, don’t hesitate to reach out for a free consultation. A dedicated Bakersfield birth injury attorney can help you explore your legal options, seek justice, and ensure your child receives the care and support they deserve.
Key Takeaways for Birth Injury Claims
Navigating a birth injury lawsuit can feel overwhelming, especially when you’re focused on your child’s recovery and future. Understanding what to expect from the legal process can help ease some of that uncertainty and empower your family to take the next steps with confidence.
The journey begins with a free consultation with a Bakersfield birth injury attorney who specializes in birth injury cases and medical malpractice claims. During this initial meeting, your attorney will listen to your story, review your medical records, and assess whether your child’s injury may have resulted from medical negligence or a preventable birth injury. This is a no-obligation opportunity to get answers and understand your legal options.
If your case moves forward, your legal team will launch a thorough investigation into the circumstances of your child’s birth injury. This includes gathering evidence, interviewing witnesses, and working closely with medical experts to determine if a medical professional’s negligence caused the harm. Your attorney will also calculate the full monetary value of your claim, considering not only immediate medical expenses but also long-term medical care, lost wages, and the costs associated with your child’s ongoing needs.
Throughout the legal process, your birth injury lawyer will handle all communications and settlement negotiations with the insurance company or healthcare providers. The goal is to secure fair compensation that covers your family’s financial burden and supports your child’s future. If a fair settlement cannot be reached, your attorney is prepared to take your case to trial, presenting compelling evidence to a judge or jury to seek justice for your child’s injury.
Your legal team will keep you informed at every stage, answering your questions and providing the support you need. Birth injury claims can be complex and time-consuming, but with experienced legal representation, you can focus on your child’s well-being while your attorney fights to secure maximum compensation on your behalf.
It’s important to remember that California law limits the time you have to file a birth injury lawsuit. Acting quickly ensures your rights are protected and gives your family the best chance at a successful outcome. Whether your child’s injury involves cerebral palsy, Erb’s palsy, spinal cord injuries, or another preventable birth injury, a skilled Bakersfield birth injury attorney can guide you through the legal process and help you secure the compensation your child deserves.
At Child Injury Firm, we are dedicated to helping families in Bakersfield and beyond seek justice and build a brighter future for their children. If you suspect your child’s injury was caused by medical negligence, don’t wait—reach out for a free consultation and let our proven legal team stand by your side.Â
Not necessarily. While some complications are rare, the “standard of care” requires medical professionals to be prepared for them. The critical question is whether they recognized the signs of the complication in a timely manner and responded appropriately. A rare event can still involve negligence if the response was substandard.
The “standard of care” is what a reasonably prudent medical professional would do in the same or similar circumstances.Â
We handle all birth injury cases on a contingency fee basis. This means you pay absolutely no upfront costs or attorney’s fees. We cover all the expenses of building and litigating your case. Our fee is a percentage of the financial recovery we win for you. If we don’t win, you owe us nothing.
A medical malpractice lawsuit is a legal process to hold a professional or institution accountable for a mistake and, most importantly, to secure the financial resources your child will need for a lifetime of care. It is about getting the best help your child is legally entitled to, not about punishing individuals.
Some devastating birth injuries, particularly brain injuries, do not show their full effects until a child is older and begins to miss key developmental milestones. However, the legal deadline—the statute of limitations—is ticking from the moment of the injury. Waiting until the full extent of the harm is obvious could mean you lose your right to file a claim forever. It is critical to investigate the circumstances of the birth as soon as you suspect anything went wrong.
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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