Was Your Child’s Birth Injury in Los Angeles Preventable? A Family’s Guide to Justice

Child Trust Fund

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

Fill out and submit the form below for a confidential doctor/lawyer review:

"*" indicates required fields

Step 1 of 2

SELECT ALL THAT APPLY TO YOUR BABY:*

What Should a Los Angeles Family Do If Their Child Suffered a Preventable Birth Injury? | A Guide from our Experienced Birth Injury Team at The Child Injury Firm

The moment a child is born should be one of pure joy. But when that moment is shattered by a preventable medical error in a Los Angeles hospital, joy is replaced by fear, confusion, and a thousand questions. How could this happen? What does this mean for our child’s future? Is this our new reality?

For decades, our team at The Child Injury Firm has dedicated itself to helping families across Los Angeles and nationwide navigate these devastating moments. We have seen firsthand how a single, preventable mistake during delivery can alter the course of a family’s life. It is a profound injustice. But we are here to provide a clear message of hope: You are not alone, and your family has powerful rights here in California.

Los Angeles is a hub of world-class medicine, but that does not make its institutions immune to error. A landmark study from Johns Hopkins found that medical error is a leading cause of death in the United States, a statistic that only hints at the number of errors that cause lifelong injury. Our goal is to empower you with clear, honest information, turning your uncertainty into advocacy for your child.

Inherent vs. Inflicted: The Core of the Investigation

The core of our investigation is to determine if your child’s condition was inherent or inflicted. An inherent condition, like a birth defect, is one that stems from the child’s own biology—genetics, prematurity, or other unavoidable factors. An inflicted injury, however, is one caused by a preventable medical mistake during the birthing process. An inflicted injury is not a random act; it is the direct result of a professional failing to provide the accepted standard of care. Our mission is to prove, with clear and powerful evidence, that your child’s harm was inflicted through negligence, holding the responsible parties accountable for their actions.

What Are the Most Common Types of Medical Malpractice Birth Injuries in Los Angeles County?

When the standard of care is breached by a doctor, nurse, or hospital in Los Angeles, the consequences can be severe and lifelong. Our firm has extensive experience handling cases involving a wide range of preventable birth injuries, including:

  • Cerebral Palsy (CP): This is a term for a group of disorders that affect a child’s movement, balance, and posture. A significant number of cases are the direct result of a brain injury caused by a lack of oxygen during a difficult delivery.   

Why this is powerful for Los Angeles: Los Angeles County is one of the largest birth centers in the nation, with well over 100,000 babies born each year. Applying the CDC’s national prevalence rate to our local population means that, statistically, more than 300 families across Los Angeles County could face a new Cerebral Palsy diagnosis every year. While not every case of CP is caused by a preventable medical error, a significant portion are directly linked to events like oxygen deprivation during labor and delivery, making this a tragically common reality for families in our community.

  • Hypoxic-Ischemic Encephalopathy (HIE): This is the specific medical diagnosis for brain damage caused by oxygen deprivation and restricted blood flow. HIE is a primary cause of cerebral palsy and other serious neurological conditions.  

According to extensive research cited by the National Institutes of Health (NIH), Hypoxic-Ischemic Encephalopathy (HIE), a type of brain damage caused by oxygen deprivation during birth, occurs in approximately 1.5 to 2.5 of every 1,000 full-term births in developed countries.

 

  • Erb’s Palsy (Brachial Plexus Injury): This is an injury to the bundle of nerves in the shoulder and arm. It often happens when a baby’s shoulder becomes stuck during birth (a condition called shoulder dystocia) and the doctor uses excessive force, stretching or tearing the nerves. 
  • Physical Trauma: This can include skull fractures, brain hemorrhages, or internal bleeding resulting from the improper or forceful use of delivery instruments like forceps or a vacuum extractor.

These are not just diagnoses; they represent a lifetime of challenges. A child with a severe birth injury will likely need ongoing therapies, the best medical equipment, home modifications, and constant care, with lifetime costs that can easily reach millions of dollars.

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

In Los Angeles, transforming the tragedy of a birth injury into a successful medical malpractice case requires your legal team to prove two essential elements:

A Violation of the Standard of Care: The “standard of care” is what a reasonably prudent medical professional in Los Angeles County would have done in a similar situation. We must prove that your doctor, nurse, or hospital failed to meet this professional benchmark.

1

Causation: We must then draw a direct, medically-supported line from that failure to your child’s specific injury. This is the critical link that establishes legal responsibility.

2

Successfully navigating these cases in California demands a sophisticated understanding of state laws, particularly the Medical Injury Compensation Reform Act (MICRA). For nearly 50 years, MICRA imposed a restrictive $250,000 cap on non-economic damages (compensation for pain, suffering, and loss of quality of life).

However, a new law, Assembly Bill 35, fundamentally changed the landscape. Effective January 1, 2023, this cap was significantly increased and is now subject to annual adjustments for inflation. This is a monumental change for injured children and their families, and your legal team must be experts in this new law to secure the full compensation you deserve.

Equally important is California’s statute of limitations—a strict legal deadline for filing a lawsuit. The rules for minors are complex, but for many birth injury cases, a claim must be filed before the child’s eighth birthday. Waiting is a profound risk, as critical evidence like fetal monitoring data, hospital staff records, and witness memories are best preserved through immediate legal action.

Where in Los Angeles Do Most Families Deliver Their Babies?

Los Angeles County is home to some of the busiest and most respected maternity hospitals in the country. While excellent care can be found in many facilities, a high volume of deliveries indicates a significant amount of experience. Some of the major centers for childbirth in the Los Angeles area include:

Top Resource Groups in Los Angeles, CA

Receiving a diagnosis for your child is overwhelming. You may feel isolated navigating the vast network of LA’s healthcare and support systems. Finding the best resources near me was a common search for many families we have helped. Here are some trusted, non-legal organizations that can provide invaluable information and support in the Los Angeles area:

  • Regional Centers of Los Angeles County: This is your most critical starting point. Los Angeles County is served by several Regional Centers (e.g., Westside Regional Center, South Central Los Angeles Regional Center) that are the main point of entry for services for children with developmental disabilities. They can help coordinate and pay for therapies, equipment, and other necessary support.
  • United Cerebral Palsy of Los Angeles (UCPLA): UCPLA is a leading advocacy group with a powerful presence in Los Angeles, providing resources, family support, and direct services for individuals with cerebral palsy and other disabilities.
  • Family Resource Centers Network of Los Angeles County: This network connects parents of children with special needs to local parent-to-parent support and resources in their specific community, from the Westside to East LA.
  • The Centers for Disease Control and Prevention (CDC): Provides authoritative medical facts and data about conditions like Cerebral Palsy.

Connecting with these groups can provide comfort, practical assistance, and a sense of community, reminding you that you are not on this journey alone. 

Why is a Law Firm with Deep Experience in Los Angeles County So Important for My Family's Case?

A birth injury lawsuit is a battle against a well-funded and powerful opponent. The hospital’s insurance company will deploy a team of seasoned defense lawyers whose sole purpose is to deny responsibility and protect their bottom line.

To secure justice in a Los Angeles courtroom, your family needs a team with:

  • Deep Medical Knowledge: We have the experience to decipher complex medical charts from hospital systems like UCLA Health, Cedars-Sinai, and Kaiser, and identify the critical errors that caused the harm.
  • An Elite Network of Experts: We collaborate with the nation’s foremost medical experts—physicians, nurses, and life care planners, many affiliated with LA’s top institutions—to build a case that is medically undeniable.
  • The Financial Strength to Win: These cases are extraordinarily expensive to litigate. Our firm has the resources to fund your case from start to finish, ensuring we can go toe-to-toe with the biggest hospitals in Los Angeles without compromise.
  • Proven Local Insight: We are intimately familiar with the court system and the tactics of the defense firms. This insider knowledge is a significant strategic advantage.

For us, this is not just another case; it is a cause. It’s about securing the financial resources your child needs to live their best possible life and holding negligent medical providers accountable. 

Key Takeaways

  • A birth injury is harm that happens during delivery and is often preventable, unlike a birth defect.
  • In Los Angeles, a birth injury is medical malpractice if a healthcare provider violated the local “standard of care” and caused the injury.
  • The laws governing these cases in California, like MICRA, are complex and have recently changed, making experienced legal guidance essential.
  • 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 legal team will have the medical knowledge, a network of top experts, and the financial resources to fight and win against powerful Los Angeles hospitals.

Common Questions About 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 is a landmark change for victims of medical negligence. It substantially raises the previous $250,000 cap on non-economic damages (for pain, suffering, and loss of quality of life) and includes an annual inflation adjustment. This allows families to now seek more just and meaningful compensation for the profound human losses they have endured.

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

Yes, this is a predictable and cynical defense strategy. The hospital’s lawyers will often try to shift blame to the mother’s health or actions during pregnancy. Our experienced California birth injury firm will anticipate this “blame the victim” tactic and is prepared to dismantle it with robust medical evidence and expert testimony that proves where the true fault lies.

My child was born at a large Los Angeles hospital like Kaiser Permanente or Cedars-Sinai. Can we really take them on?

Absolutely. We have a long and successful history of litigating against the largest and most powerful healthcare systems nationwide. While these institutions have formidable legal teams, they are not above the law. Our firm has the resources, the expert networks, and the courtroom experience to level the playing field and hold them fully accountable.

How do we find the best medical experts for a Los Angeles birth injury case?

The right expert is a non-negotiable element of a successful case. The “best” experts are not only preeminent leaders in their fields (like neonatology or obstetrics), but they are also gifted communicators who can explain complex medicine to a jury in a simple, compelling way. Our firm has spent decades cultivating a national network of elite, credible professionals prepared to testify on behalf of injured children.

What is the first step our family should take if we suspect a birth injury happened in a Los Angeles hospital?

The most important first step is to contact our law firm with a deep focus on child injury cases. Do not delay. The initial consultation is free and confidential. This allows you to get answers, understand your rights under California law, and ensure that critical evidence is preserved before the strict statute of limitations expires.

Practice Areas

NO COST, NO OBLIGATION,
CONFIDENTIAL CONSULTATION.

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.

abc-1-1.jpg

Text With Us

We'll text you!

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Name*

By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Privacy Policy

Call Me

We'll call you!

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Name:*

By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Privacy Policy

Book A Consultation

We're ready to answer your questions!

Email Us

We're available by email!

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Name:*

By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Privacy Policy

Text With Us

We'll text you!

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Name*

By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Privacy Policy

Call Me

We'll call you!

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Name:*

By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Privacy Policy