Did Medical Negligence at a San Diego Hospital Cause Your Child’s Birth Injury?

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How Can a San Diego Birth Injury Attorney Help After a Preventable Birth Injury?

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?

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. 

The Recipe vs. The Delivery: An Analogy for Causation

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.

What Are the Most Common Types of Medical Malpractice Birth Injuries in San Diego County?

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:

  • Cerebral Palsy (CP): This refers to a category of conditions that impair movement and muscle coordination. Although CP can arise from multiple factors, a large percentage of cases are associated with oxygen deprivation to the infant’s brain during a stressful labor and delivery.
  • Hypoxic-Ischemic Encephalopathy (HIE): This is the precise medical term for brain tissue damage due to insufficient oxygen and blood circulation. It stands as a primary cause of cerebral palsy and other significant neurological disorders.
  • Erb’s Palsy (Brachial Plexus Injury): This type of injury affects the nerves governing the baby’s shoulder and arm. It often results from a complication called shoulder dystocia, where the baby’s shoulder becomes lodged, and the doctor exerts too much force, damaging the nerves.
  • Physical Trauma: This can manifest as skull fractures or internal hemorrhaging due to the incorrect application of delivery assistance tools like forceps or a vacuum extractor.

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. 

The Countdown Clock

Beyond proving the facts of the case, every birth injury claim in California is governed by a strict legal countdown clock known as the statute of limitations. This law exists to ensure that claims are brought forward while evidence is still reliable and witnesses are available. For cases involving a child, this deadline is complex but often expires before their eighth birthday. While that may sound like a long time, waiting to act is a critical and often irreversible mistake. 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.

This degradation of evidence happens in several ways:

  • Electronic Data is Overwritten: In the modern hospital, nearly everything is recorded electronically. However, crucial data like the detailed, second-by-second readouts from fetal heart monitoring strips are not stored indefinitely. Hospitals have data retention policies, and this vital information can be overwritten or permanently deleted in the normal course of business, sometimes in as little as a few years.
  • Human Memory Fades: The recollections of the doctors and nurses present during the delivery are a critical piece of the puzzle. A deposition given one year after the event will be far more detailed and credible than one given six or seven years later. A defense attorney will exploit any inconsistencies or gaps in a faded memory to create doubt.
  • Staff Turnover: The medical field has a high turnover rate. The nurses who were key witnesses to your child’s birth may move to a different hospital or even a different state. Locating and compelling them to testify becomes exponentially more difficult as time passes.

Securing 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. 

Where are babies born in San Diego?

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:

Top Resource Groups in San Diego, CA

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:

  • San Diego Regional Center (SDRC): This is the most important starting point for accessing services. SDRC is the entry point for children with developmental disabilities in San Diego and Imperial counties, helping families coordinate and fund therapies, specialized equipment, and other necessary support.
  • United Cerebral Palsy of San Diego County (UCPSD): As a leading local advocacy group, UCPSD offers vital resources, family support programs, and direct services for individuals and families affected by cerebral palsy and other disabilities.
  • Exceptional Family Resource Center (EFRC): Connecting with other parents who understand your journey is incredibly powerful. EFRC is a primary resource in San Diego that provides parent-to-parent support, resources, and guidance for families of children with special needs.
  • The CDC on Cerebral Palsy: For authoritative, unbiased medical information, the Centers for Disease Control and Prevention (CDC) provides clear facts, statistics, and data about conditions like Cerebral Palsy.

Engaging with these organizations can provide practical assistance, a sense of community, and the comfort of knowing you are not on this journey alone.

Why is a Law Firm with Deep Experience in Birth Injury So Important for My Family's Case?

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. 

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.

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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.

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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.

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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.

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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.

Key Takeaways

  • A birth injury is harm that happens during delivery and is often preventable, unlike a birth defect.
  • In San Diego, 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 San Diego hospitals.

Common Questions About California Birth Injury Cases

How does the recent change to California's MICRA law impact our family's potential compensation?

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.

What if the hospital says my health during pregnancy was the cause of my child’s condition?

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.

Are San Diego’s major hospitals like Sharp Mary Birch or UCSD Health too powerful to sue?

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.

Why is a national network of medical experts important for a case in San Diego?

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.

We just received a diagnosis for our child. What is the single most important action we can take right now?

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.

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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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