Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
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The arrival of your newborn in a San Diego hospital is supposed to be a moment of unmatched happiness. But when a medical mistake turns that celebration into a frightening new reality, joy is replaced by a whirlwind of medical appointments and gut-wrenching questions. Was this preventable? What does this mean for our family? How could this have happened? Failure to understand and identify fetal distress is a critical area of negligence in birth injury cases, and it can have devastating consequences for families. Common birth injuries needing legal help in San Diego include Cerebral Palsy, Brachial Plexus Injuries, Brain Damage from oxygen loss, Fractures, Spinal Cord Injuries, Facial Paralysis, and Shoulder Dystocia.
For many years, The Child Injury Firm has supported families throughout San Diego County—from the North County to the South Bay—as they confront these devastating circumstances. We’ve witnessed the immense toll a preventable birth injury takes on a family’s emotional and financial well-being. It’s a profound burden, but we want to provide this essential truth: you have rights under California law, and you are not navigating this journey alone.
San Diego is rightfully proud of its advanced medical institutions, but no hospital is exempt from the possibility of error. Sobering research has shown that preventable medical mistakes are a significant cause of harm across the United States. Our mission is not to cause alarm, but to provide you with the clear, factual information needed to become your child’s most effective advocate within the San Diego medical community.
To understand the difference, think of it this way: a birth defect is an error in the “recipe” for a child, involving their unique genetic makeup. A birth injury, on the other hand, is damage that happens during the “delivery,” when the medical team makes a mistake. For example, the recipe may have been perfect, but the “baker” failed to notice the oven was too hot, causing harm. This is analogous to a doctor failing to notice the baby was in distress on the monitors, leading to a preventable brain injury. Our goal is to determine if the harm was caused by the recipe or the delivery.
When the expected standard of medical care is not met by a physician, nurse, or hospital in San Diego, the repercussions for a newborn can be severe and lifelong. Our firm has a strong track record of managing cases that involve a variety of avoidable injuries, such as: Brachial Plexus Injuries, Cerebral Palsy, Caput Succedaneum, Cephalohematoma, and fractures.
These are not merely clinical terms; they represent life-changing diagnoses that necessitate a lifetime of dedicated care and financial support. A child with a profound birth injury will likely need continuous therapies, the best adaptive medical devices, home accessibility modifications, and potentially around-the-clock supervision, with lifetime expenses that can easily surpass millions of dollars. Compensation in a birth injury lawsuit typically covers a wide range of damages, categorized as economic and non-economic. Families deserve compensation for the full scope of damages caused by preventable birth injuries.
Under California state law, you generally have until your child’s eighth birthday to bring a birth injury case to court.
If you are suing a public hospital, you must strictly adhere to a separate rule requiring a claim notice to be filed within six months of the birth.
As this clock ticks, the very evidence needed to win your case begins to systematically degrade, making a strong claim weaker with each passing year. The statute of limitations for children under the age of eight in California runs one day before their eighth birthday.
This degradation of evidence happens in several ways:
If you believe that medical negligence on the part of any medical professional resulted in either injuries or losses to the mother or child, you should gather as much documentation regarding witnesses and medical reports as possible.
Securing our legal help immediately is the only way to effectively stop the clock on this evidence degradation. When you hire our firm, one of our first actions is to send a formal “preservation of evidence” letter to the hospital. This legally compels them to locate, secure, and save all records, data, and information related to your child’s birth, preserving the truth for the fight ahead. Don’t let time weaken your case; let us help you preserve it while it’s strongest.
Families in San Diego County have access to several nationally recognized hospitals known for their expertise in maternity and infant care. A high number of births often reflects a deep level of experience in handling a wide range of labor and delivery scenarios. The primary centers for childbirth in the San Diego region include:
Receiving a diagnosis for your child is an overwhelming experience, and navigating San Diego’s various support systems can feel isolating. For the many families we have helped, finding trusted resources was a critical first step. Below are some essential non-legal organizations that provide invaluable support and information in the San Diego area:
Engaging with these organizations can provide practical assistance, a sense of community, and the comfort of knowing you are not on this journey alone.
When a preventable birth injury occurs, it can feel like the door to justice and your child’s future has been locked and barred. The hospital and its insurance company have immense power and resources, and they will use them to keep that door shut. To open it and secure the resources your family deserves requires a law firm that possesses four specific keys—and knows exactly how to use them in a San Diego courtroom. Our San Diego birth injury attorneys are experienced legal professionals dedicated to helping families affected by preventable birth injuries caused by medical mistake or negligence.
The Key of Medical Fluency The first key is the ability to speak the language of medicine. The truth of your case is hidden within thousands of pages of complex medical records from healthcare networks like Sharp, Scripps, and Kaiser. Our team has the deep experience to analyze these documents, interpret fetal monitoring strips, and understand complex medical terminology, turning confusing data into a clear and compelling story of negligence. Many birth injuries, including serious injuries to the baby’s head and brain, can result from medical mistakes such as improper delivery maneuvers or failure to address oxygen deprivation, leading to conditions like hypoxic ischemic encephalopathy.
The Key of Unquestionable Authority The second key is the testimony of world-class medical experts. A case is not won on our word alone. We bring in a national network of leading physicians, nurses, and life care planners. Their authority is so respected that their opinions can unlock a jury’s understanding and command the courtroom’s attention. A thorough investigation of a birth injury claim involves gathering all relevant medical records and consulting with medical experts to establish the standard of care and prove negligence.
The Key of Financial Endurance The third key is the financial strength to keep the door from being slammed shut. Hospitals use their wealth to prolong litigation, hoping to exhaust a family’s resources and force a low settlement. Our firm fully funds every case we take, meaning we have the financial endurance to fight for as long as it takes to achieve the right outcome, never settling for less due to financial pressure. Many birth injury cases require significant resources due to the complexity of legal claims and the need for expert testimony.
The Master Key of Local Insight The final key is the ‘master key’ of knowledge. Every courthouse has its own unique procedures and personality. Our deep, firsthand experience within the court system—knowing the tactics of the defense firms—is a priceless strategic asset that allows us to navigate the path to justice with confidence and efficiency.
Birth injuries can result from various factors, including infections in the mother during pregnancy, premature birth, and multiple births. Common types of birth injuries include Brachial Plexus Injuries, Cerebral Palsy, Caput Succedaneum (temporary scalp swelling caused by pressure during birth, usually resolving independently within a few days), Cephalohematoma (a collection of blood between the skull and the scalp, typically harmless and resolving on its own within a few weeks), and fractures (particularly of the clavicle, which can occur during a difficult delivery, especially if the baby is in a breech position). Medical professionals and medical personnel responsible for the delivery and care of the newborn baby have a professional responsibility to do no harm and adhere to the standard of care, and both the mother and child can be affected by medical negligence.
This is our mission: to use these four keys to unlock the resources your child needs for a lifetime of care. It’s about opening the door to a future of security and holding the responsible parties accountable. Lawsuits related to birth injuries require financial resources to cover expert witnesses and extensive investigations. Birth injuries caused by medical negligence can result in brain injury, brain damage, and long-term physical injuries that impact a child’s physical and cognitive development, potentially affecting the child’s ability to work and their entire life. Compensation in a birth injury lawsuit may include financial compensation for medical treatment, ongoing care, special education services, loss of future earnings, and, in some cases, punitive damages if the medical provider’s conduct was egregious.
When it comes to birth injury cases, deep experience is not just an advantage—it’s a necessity. Our birth injury lawyers with extensive experience in medical negligence understand the intricate standards and procedures that govern obstetric and neonatal care. This expertise allows them to identify when a medical provider’s actions fell short, leading to preventable harm. For families in San Diego, working with a birth injury attorney who has successfully handled cases involving cerebral palsy, brachial plexus injuries, and other birth complications means having a dedicated legal team that knows how to build a compelling case and hold negligent parties accountable. Decades of experience translate into a proven track record of securing meaningful compensation for San Diego families, ensuring your child’s needs—now and in the future—are fully addressed. By choosing a law firm with deep experience, you maximize your chances of a successful outcome and gain the peace of mind that comes from knowing your case is in capable hands.
Specialized knowledge is critical to achieving successful outcomes in birth injury cases. Our birth injury lawyers with expertise in medical negligence and malpractice can skillfully investigate the circumstances surrounding your child’s injury, identify warning signs that may have been missed, and understand the nuances of California law. This level of understanding is essential when dealing with complex issues such as gestational diabetes, fetal distress, or shoulder dystocia—conditions that require careful analysis to prove that medical negligence caused the injury. By leveraging their specialized knowledge, our San Diego birth injury attorneys can accurately calculate medical expenses, lost wages, and the costs of physical and occupational therapy, ensuring that families receive the compensation they need for ongoing care. This expertise not only strengthens your legal claim but also provides your family with the resources necessary to support your child’s recovery and future well-being.
Birth injury litigation is uniquely complex, demanding both legal and medical expertise from your birth injury lawyer. One of the greatest challenges is proving that medical negligence occurred, which often requires a thorough review of detailed medical records and the testimony of expert witnesses. Insurance companies and medical providers in San Diego are well-prepared to defend against these claims, making it essential to have a birth injury attorney who can skillfully navigate high-stakes negotiations and courtroom proceedings. Additionally, the emotional trauma that families experience after a birth injury can make the legal process feel overwhelming. Compassionate legal representation is crucial—not only to manage the technical aspects of the case but also to support families through the emotional challenges. Our San Diego birth injury lawyers who understand these unique hurdles can provide the guidance and advocacy needed to secure fair compensation and help families move forward after a devastating event.
Partnering with an experienced birth injury law firm, such as the Child & Birth Injury Firm, offers families a range of invaluable benefits. First and foremost, our skilled birth injury attorneys provide dedicated legal representation, ensuring that every aspect of your case is handled with care and expertise. This includes pursuing compensation for future medical expenses, ongoing medical care, and other damages related to your child’s injury. By managing the legal process from start to finish, your legal team allows you to focus on your child’s recovery, alleviating some of the financial and emotional burdens that come with a birth injury. In addition, our experienced law firm can connect your family with vital support services, including counseling and specialized medical care, to help you navigate the challenges ahead. Ultimately, working with a knowledgeable legal team gives you the confidence that your child’s future is protected and that your family’s needs are being prioritized every step of the way.
Selecting the right law firm is a critical decision for families seeking justice after a birth injury. Our birth injury lawyers, with a proven track record in these cases, can provide the legal representation needed to secure fair compensation and hold negligent parties accountable. When evaluating law firms, look for those with extensive experience in medical negligence, a history of successful outcomes, and a commitment to client care. Our firm offers a free consultation, allowing you to discuss your case and explore your legal options with no financial risk. By choosing a law firm that prioritizes your family’s needs and understands the complexities of the legal process, you can ensure that your child receives the support and compensation they deserve. Remember, your child’s future is at stake, and the right legal team can make all the difference in achieving a positive outcome for your family.
Key Takeaways
The recent reform, AB 35, is a significant victory for families. It raises the long-standing $250,000 cap on non-economic damages (for pain and suffering) and, importantly, adds an annual inflation adjustment. This change means families can now pursue compensation that more accurately reflects the immense personal and emotional impact of a birth injury.
This is a common and distressing defense tactic known as “blaming the victim.” The hospital’s legal team will scrutinize your medical history to shift responsibility. Our law firm will anticipate this, preparing a strong, evidence-based case that clearly demonstrates how the actions or inactions of the medical team during delivery were the true cause of the injury.
Not at all. While these institutions are large and have significant legal resources, they are not above the law. We have a long history of successfully holding major healthcare providers accountable. Our firm has the financial strength, expert network, and litigation experience to ensure a level playing field, no matter how large the opponent.
The “standard of care” in San Diego is high. To prove a breach, we need unimpeachable testimony from top-tier experts in fields like obstetrics, neonatology, and pediatric neurology. Our national network allows us to engage the most respected and credible specialists—leaders who can clearly explain complex medical issues to a jury and whose opinions carry significant weight.
The most crucial first step is to contact a law firm that is experienced in birth injury cases. The clock on the statute of limitations is ticking, and vital evidence (like electronic fetal monitoring data) can be lost or overwritten. An immediate, confidential consultation—which is always free—allows you to get answers, understand your options under California law, and ensure your rights are protected from the very start.
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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