Orange County Birth Injury Lawyer

Orange County Birth Injury Lawyer Aitken Aitken Cohn has represented birth injury victims throughout Orange County and Southern California for more than 50 years. The firm holds an AV Preeminent rating — the highest peer-reviewed designation in the legal profession.

Although most births in the United States, whether in hospitals or homes, occur without complications, birth defects and birth injuries still occur for many reasons. According to some sources, approximately 27 out of every 1,000 births result in a birth injury. While some of these injuries are unavoidable, many are caused by medical mistakes or negligence, such as the failure of doctors or nurses to take appropriate action to prevent harm. Birth injuries can arise at any stage of the delivery process and, in some cases, can even be traced back to the pregnancy.

If you suspect that your baby has suffered a birth injury due to medical mistakes or negligence, consulting with an Orange County personal injury attorney can help you understand your rights and legal options. You may be entitled to recover compensation for medical expenses, pain, and suffering. For children who have sustained serious and permanent disabilities due to birth injuries, lifetime compensation may also be available. Contact our experienced Orange County birth injury lawyer for a formal case evaluation.

Understanding Birth Injuries

A birth injury, a form of medical malpractice, occurs when a healthcare professional fails to exercise reasonable and prudent medical judgment, leading to a deviation from accepted medical standards and resulting in harm to a patient. Medical negligence is a significant factor behind many birth injuries in the United States each year.

Common Causes of Birth Injuries

Some birth injuries can be traced to medical negligence during pregnancy or delivery.

Negligent conduct during pregnancy is a documented cause of birth injury in Orange County and Southern California. For example, the failure to diagnose and properly manage maternal or fetal health conditions or complications can significantly increase the risk of birth injury. Physicians are responsible for addressing prenatal issues such as:

  • Rh incompatibility
  • Maternal diseases or infections
  • Maternal diabetes
  • Maternal hypertension
  • Abnormal fetal growth or development
  • Cephalopelvic disproportion

However, most birth injuries take place during the labor and delivery process. Factors such as shoulder dystocia, premature birth, prolonged labor, large newborn size, irregular birth presentation, difficult labor, and umbilical cord problems can all elevate the risk of birth injuries. Injuries during delivery can result from excessive force, improper use of medical interventions, unnecessary surgery, failure to follow standard protocols, improper intubation, delayed C-sections, and other hospital errors.

Types of Birth Injuries

Various types of birth injuries can arise due to complications or medical errors during pregnancy, childbirth, or the immediate neonatal period. These injuries can range from mild and temporary to more severe, with long-lasting or even permanent effects.

  • Brain damage: There are various brain-related injuries that an infant can sustain. In many cases, brain injuries lead to oxygen deprivation for a child (anoxia, hypoxia, birth asphyxia, perinatal asphyxia). Hypoxic-ischemic encephalopathy (HIE) is a birth injury that results from oxygen deprivation. When a child’s brain is deprived of oxygen, the brain will not be able to receive proper nutrients. This can lead to substantial short- and long-term disabilities for a child that necessitate permanent in-home medical care.
  • Erb’s palsy and other nerve injuries: Erb’s palsy is a common birth injury that leads to paralysis in the arm or hand of a child. This injury is caused when the brachial plexus nerves of a child are stretched or damaged during the childbirth process. In many cases, these injuries occur when a baby becomes stuck during delivery or when a doctor uses excessive force.
  • Facial paralysis: often temporary, is often caused by medical mistakes during delivery.
  • Cerebral palsy: The most common brain injury related to birth trauma is cerebral palsy. Cerebral palsy affects approximately 8,000 to 10,000 children each year across the country and can develop in a number of ways, including due to mistakes made by medical professionals. CP is a neurological disorder that can impair a person’s body movements and leave a child permanently disabled. Often, children with cerebral palsy are unable to control their legs or arms, will have speech issues, and require mobility assistance.
  • Fractures: caused by forceful or excessive birthing techniques
  • Caput succedaneum: Caput succedaneum is an injury to the baby’s head in which forceful delivery techniques cause severe swelling and bruising of the baby’s head. Fortunately, this birth injury is often temporary, though such excessive use of force during delivery can cause much more serious injuries, including brain damage.
  • Cephalohematoma: Like caput succedaneum, cephalohematoma is a birth injury that affects the baby’s head. This birth injury involves irregular bleeding beneath the cranial bones in the head. When bleeding is severe, this birth injury can lead to jaundice, which can have serious consequences.
  • Kernicterus: a form of devastating brain damage caused by excessive jaundice as a result of too much bilirubin in a baby’s bloodstream, due to a baby’s liver’s inability to excrete excessive bilirubin. In cases of extremely high levels of bilirubin, the substance can move out of the blood and collect into the brain tissue leading to serious neurological complications. Kernicterus usually develops within the first week of a newborn’s life, but may not be noticeable until a few weeks later.
Confidential 7-Figure Settlement

Complex Birth Injury — Failure to Diagnose Congenital Diaphragmatic Hernia at 20- and 38-Week Ultrasound

  • Case: WP v. Two Radiology Defendants
  • Lead Attorney: Richard Cohn, Esq.
  • Jurisdiction: Orange County / Southern California
  • Outcome: Confidential 7-Figure Pre-Trial Settlement

The Negligent Conduct

Two radiology defendants failed to identify a congenital diaphragmatic hernia on both the 20-week and 38-week prenatal ultrasounds. This failure deprived the family of the opportunity to arrange appropriate neonatal intervention at delivery. The child sustained catastrophic loss as a direct result of the delayed diagnosis.

Recovery

Expert testimony established that the hernia was detectable on both studies under accepted imaging protocols. The firm secured a confidential seven-figure settlement covering lifetime medical care, future treatment costs, and non-economic damages through the civil justice system.

What Is the Time Limit for Filing a Birth Injury Lawsuit?

Birth injury cases fall under the same legal framework as medical malpractice claims. According to California’s statute of limitations for medical malpractice, these cases must be filed within one year of discovering the injury or within three years from the date the injury occurred, whichever comes first.

For children under 18, the statute of limitations differs slightly. The child’s legal guardians or parents must file a medical malpractice claim within three years of the injury. However, if the injured child is under the age of six, the lawsuit must be filed within that three-year period or before the child turns eight, whichever provides more time.

Birth Injury FAQs in Orange County

A birth injury occurs during labor or delivery due to medical negligence or trauma — for example, cerebral palsy from oxygen deprivation. A birth defect, by contrast, is present at birth from genetic or environmental causes. In Orange County, birth injury lawsuits are medical malpractice claims against healthcare providers. Proving negligence requires medical records and expert testimony. Compensation covers medical costs, lifetime care, and non-economic damages.
Yes, in Orange County, you can sue doctors or hospitals for birth injuries caused by medical negligence, such as improper delivery techniques or delayed C-sections. You must prove a breach of the standard of care using medical records and expert testimony. California's statute of limitations applies from the date of injury discovery. Recoverable compensation includes medical expenses, long-term care and therapy costs, and non-economic damages for pain and suffering.
In Orange County, birth injury compensation includes economic damages — medical bills, future care, therapy, lost earnings — and non-economic damages such as pain and suffering. Following AB 35 (2022), the non-economic damage cap in California medical malpractice cases increased to $350,000 in 2024 and will rise incrementally to $750,000 by 2033. Economic damages, including lifetime care costs, remain uncapped. An attorney will use experts to quantify the full scope of damages and identify all liable parties.
Proving a birth injury in Orange County requires showing a healthcare provider breached the standard of care, causing the injury (e.g., forceps misuse leading to brachial plexus injury). Medical records, expert testimony, and delivery documentation are key. California's two-year statute of limitations starts at injury discovery. An Orange County birth injury attorney will gather evidence, consult specialists, and establish liability. Timely action preserves evidence for compensation covering medical costs and care, ensuring responsible parties are held accountable for your child's needs.
In Orange County, the statute of limitations for birth injury lawsuits is two years from injury discovery for medical malpractice or personal injury claims. For minors, deadlines may be tolled until age 18, but parental claims face stricter timelines. An Orange County birth injury attorney ensures timely filing to secure compensation for medical costs and care. Missing deadlines can bar claims. Early consultation preserves evidence and meets California's legal requirements for pursuing a successful case.
In Orange County, liable parties for birth injuries may include doctors, nurses, or hospitals for negligent care (e.g., delayed interventions causing hypoxia). Proving liability requires medical records and expert testimony. Compensation covers medical expenses and long-term care. California's two-year statute of limitations applies. An Orange County birth injury attorney investigates all potential defendants, builds a strong case, and ensures timely filing to maximize recovery, addressing your child's needs by holding responsible parties accountable through expert legal strategy.
California's pure comparative negligence standard allows a claimant to recover compensation even if they are found to be partially responsible, with the award reduced by their percentage of fault. In birth injury cases, comparative fault arguments directed at the patient are uncommon — the negligent conduct at issue involves trained medical professionals, not patient choices. The firm evaluates any comparative negligence argument raised by the defense at initial case intake.
Claims against public hospitals or county-run medical facilities require a government tort claim under California Government Code §945.4, filed within six months of the injury. Failure to present this administrative claim before filing suit is a jurisdictional bar (the court cannot hear your case). An Orange County birth injury attorney initiates this filing as part of standard case intake when the defendant is a public institution.
Non-economic damages — including pain, suffering, and loss of enjoyment of life — are presented to an Orange County jury through life care planners, pediatric neurologists, and rehabilitation specialists who document the qualitative impact of the injury on the child's lifetime experience. The jury applies these findings within the applicable MICRA cap. Economic damages for future care are separately calculated and uncapped.
Orange County Superior Court requires parties to meet and confer on an ADR (Alternative Dispute Resolution) plan within 180 days of filing under California Rules of Court, Rule 3.724. Birth injury cases are typically referred to mediation before a trial date is set. Our firm has conducted both mediated resolutions and full jury trials in Orange County. We proceed to trial when mediation does not produce an offer reflecting the documented scope of the child's injury and lifetime care needs.

What Type of Compensation is Available in These Cases?

If a child sustains a birth injury that was caused by the careless or negligent actions of a medical professional, there may be various types of compensation available for the claim. While no two birth injury cases are exactly the same, the team at Aitken Aitken Cohn is regularly able to help families recover the following:

  • The cost of all emergency medical care related to the birth injury
  • Compensation for short- or long-term care the child needs
  • Compensation for any mobility aids such as wheelchairs, braces, walkers, etc.
  • Lost income if a parent cannot work while caring for their child
  • Loss of enjoyment of life damages for the child
  • Pain and suffering damages
  • Possible punitive damages in cases of gross negligence on the part of the medical provider

Contact an Orange County Birth Injury Lawyer

When a birth injury results in significant or long-term harm to a child or mother, the family may have the legal right to pursue compensation for medical expenses, financial losses, and pain and suffering. To understand your legal rights and options, reach out to the AV Preeminent-rated Orange County medical malpractice attorneys at Aitken Aitken Cohn.

Formal Case Evaluation — No Fee Unless Recovery

Contact our Santa Ana office for a formal case evaluation. No fee unless we recover compensation. Submit a confidential inquiry online or call (714) 434-1424 to speak directly with a member of the legal team.