Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
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The day your child is born in a San Jose hospital should be a cherished memory. But when a medical error shatters that moment, joy is eclipsed by a daunting new reality of specialist appointments, profound uncertainty, and a future that looks nothing like you had planned. After learning your child was harmed during delivery, your world halts, and a flood of questions begins.
Our experienced team of birth injury lawyers has stood in solidarity with families throughout the country, asking these same painful questions. We have seen up close the catastrophic effect an avoidable birth injury has on a family’s life. It is a profound injustice, but we offer this message of hope: you are not navigating this path alone, and your family has significant legal rights here in California. Our experienced birth injury lawyers will thoroughly investigate the case, gathering medical records and expert opinions to determine negligence, ensuring that your case is built on a strong foundation. Insurance companies often try to minimize their liability and settle birth injury cases for less than they are worth, making legal representation essential to secure fair compensation.
Even in the Bay Area, a global center of medical innovation, preventable healthcare mistakes remain a disturbingly frequent problem. Pivotal research has highlighted medical error as a top cause of serious harm in America. Insurance companies often try to minimize their liability in birth injury cases, making legal representation essential. Non-economic damages refer to compensation for intangible losses, such as pain and suffering and emotional distress. Our goal is to arm you with the best direct, honest information, enabling you to be the most powerful advocate possible for your child within the complex local healthcare landscape.
A newborn’s medical chart can be filled with complex “noise”—factors like prematurity, maternal health issues, or an infection. A birth defect is often part of this baseline noise, a pre-existing condition. A birth injury caused by malpractice, however, is a sharp, clear “signal” in that data, like a sudden, prolonged drop in heart rate on a monitor that was ignored. That signal is the objective evidence of a crisis, and the medical team’s response—or lack thereof—is often the proof of negligence. Our job as your legal team is to use our expertise to analyze all the data and find that definitive signal amidst the noise.
In the high-stakes environment of a San Jose delivery room, any deviation from the accepted standard of medical care can lead to catastrophic, lifelong harm for a newborn. Our firm has represented many families nationwide whose lives were forever changed by preventable birth injuries. Among the most common birth injuries are brain injury, birth asphyxia, nerve damage, head and skull trauma, and failure to treat post-birth conditions. These injuries can result from complications such as placenta issues, intrauterine hypoxia, bacterial sepsis, and respiratory distress.
Birth injuries caused by medical negligence can involve a range of complications, including those listed above. Gathering evidence—such as medical records, fetal heart monitor data, and expert testimony—is crucial to proving these cases and securing compensation for affected families.
These medical diagnoses represent the start of a lifelong journey. A child impacted by a severe birth injury often faces a future of specialized therapies, adaptive technologies, potential surgeries, and the need for a comprehensive lifelong care plan. The financial and emotional costs for a family can be overwhelming, frequently running into the millions of dollars. Lawyers calculate both current and future financial burdens for birth injury cases, including costs for therapies and special education, to ensure families receive the compensation they need.
To transform a birth injury into a successful medical malpractice action in San Jose, your legal counsel must prove two essential components:
A Violation of the Standard of Care: The “standard of care” is the benchmark for how a reasonably prudent healthcare provider in the Bay Area should have acted under similar circumstances. Did your medical team fail to interpret clear warning signs of fetal distress? Did a nurse delay in escalating a concern to the attending physician? Did the facility lack the necessary personnel for an emergency C-section?
Causation of the Injury: We must then construct a direct and medically sound link between that professional failure and the specific harm your child suffered. This is often the most heavily contested element of a lawsuit and relies on testimony from leading medical experts.
Negligent parties in birth injury cases may include doctors, nurses, hospital administration, or medical equipment manufacturers.
Handling these cases in California requires a sophisticated grasp of state laws, particularly the Medical Injury Compensation Reform Act (MICRA). For many years, MICRA imposed a stringent $250,000 limit on non-economic damages (which covers pain, suffering, and the loss of life’s enjoyments).
However, a recently enacted law, Assembly Bill 35, has triggered the most dramatic changes to MICRA in its nearly 50-year history. As of January 1, 2023, this cap was raised and is now indexed to inflation. This is a monumental shift that significantly affects a family’s ability to receive fair compensation, and it is crucial that your legal team has mastered these new rules to secure the best possible outcome. Contingency-fee arrangements in birth-injury cases mean families pay only if the attorney wins, making legal representation more accessible.
Equally important is an understanding of California’s statute of limitations, which is a firm legal deadline for initiating a lawsuit.
Most families have until the child turns eight to file a lawsuit for birth-related medical malpractice.
However, if the defendant is a government entity, you must also file a written claim notice within six months of the injury to avoid summary dismissal of your case.
Consult our experienced team of medical malpractice birth injury attorneys now to protect all claims.
A legal claim for a birth injury is nothing like a standard car accident case; it is one of the most demanding areas of litigation. The hospital, backed by its insurance company, will deploy a team of seasoned defense attorneys whose sole job is to deny all responsibility and pay out as little as possible. Our experienced birth injury attorneys will demonstrate clear communication and compassion towards clients dealing with emotional challenges, ensuring families feel supported throughout the legal process.
To ensure a level playing field in a courtroom, our legal representatives bring:
Legal representation for birth injuries often involves negotiating with insurance companies for settlements to avoid trial. Our skilled birth injury lawyers can handle all communications and negotiations with insurance companies on behalf of the family. If a fair settlement cannot be reached, our birth injury lawyers can take the case to trial and advocate for the child’s rights in court.
For us, this is not just business; it is a calling. Our work is about securing the financial future your child will need to thrive and holding negligent medical providers accountable for the harm they cause.
Families in San Jose and the greater Silicon Valley have access to some of the nation’s top medical centers for childbirth. These facilities are recognized for their advanced technology and high standards of care. The most prominent birthing hospitals in the area include:
Birth injuries can have life-altering consequences for both children and their families, extending far beyond the initial trauma of delivery. When a child suffers a birth injury—whether due to oxygen deprivation, fetal distress, or the improper use of birth assisting tools—the impact is often felt for a lifetime. Families may face a future filled with ongoing medical expenses, specialized therapies, and the need for adaptive equipment or home modifications. The emotional toll can be just as significant, as parents grapple with uncertainty about their child’s future and the challenges of providing round-the-clock care.
In many cases, these injuries are the direct result of medical malpractice or medical negligence. When healthcare providers fail to monitor fetal distress, delay an emergency cesarean section, or use excessive force during delivery, the results can be devastating. Common birth injuries such as cerebral palsy, brain damage, and bone fractures can lead to permanent physical disabilities, sensory impairments, or even infant mortality. Not all birth injuries are preventable, but when they are caused by negligent parties, families have the right to seek justice and financial compensation.
Navigating a medical malpractice claim is a complex legal process that requires the expertise of our experienced birth injury attorneys. Our dedicated legal team will work tirelessly to gather medical records, consult with medical professionals, and identify all responsible parties. Their goal is to build a strong case that holds negligent parties accountable and secures maximum compensation for your child’s care—including medical expenses, therapy costs, lost wages, and other damages related to your child’s injuries.
In San Jose, CA, and throughout Northern California, families affected by birth injuries can rely on our law firm with a proven track record in birth injury cases. Our experienced birth injury attorneys provide not only legal representation but also emotional support and guidance during an incredibly difficult time. They understand the intricacies of personal injury law and medical malpractice lawsuits, and they are committed to helping families recover compensation and pursue justice for their child.
If your baby suffered a birth injury, you deserve answers and support. An initial consultation with our birth injury lawyers is always free and confidential, giving you the opportunity to understand your legal rights and options without any financial risk. With the help of our dedicated team, you can ensure your child receives the care and financial support they need for a brighter future. Don’t hesitate to reach out—your family deserves experienced legal guidance and the chance to seek compensation for the harm caused by medical negligence.
Key Takeaways
The new law is a game-changer. It significantly raises the previous $250,000 cap on non-economic damages for pain and suffering and ensures the cap increases with inflation annually. This allows families to pursue compensation that more fairly reflects the profound human cost of a birth injury. Compensation is vital for your child’s care and your child’s future, helping to secure the resources needed for ongoing support and well-being. Legal support is crucial for families navigating these complex cases.
Yes, unfortunately, this “blame the mother” strategy is a common defense tactic used by hospital legal teams everywhere. They may try to point to your health or actions during pregnancy as the cause. Our experienced birth injury firm anticipates this move and is prepared to counter it with strong medical evidence and expert testimony to prove where the fault truly lies. Our birth injury lawyers will fight for what your child deserves, ensuring that the focus remains on obtaining justice and fair compensation.
Absolutely. While these large institutions have formidable legal teams and vast resources, they are not infallible or above the law. We have decades of experience successfully litigating against the most powerful healthcare providers in the Bay Area and nationwide. Our firm has the resources, expert connections, and courtroom experience to level the playing field and hold them fully accountable. Legal support is essential to help families stand up to these institutions and protect their child’s future.
Securing the right expert is a non-negotiable part of building a successful case. The “best” experts are not only preeminent leaders in their fields (like pediatric neurology or obstetrics) but 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 these elite, credible professionals who are prepared to testify on behalf of injured children. Our legal team thoroughly investigates and builds cases related to your child’s injuries, ensuring every aspect is supported by expert testimony.
The most important first step is to contact our law firm for a free, confidential consultation. Most birth injury attorneys offer a free consultation to assess potential claims. Do not delay. This allows you to get immediate answers, understand your family’s rights under California law, and ensure that critical evidence—like fetal monitoring strips and hospital staff records—is preserved before the strict statute of limitations expires.
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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