❓ Birth Injury FAQ

What is the difference between a birth injury and a birth defect?

A birth injury usually results from events during labor and delivery—such as oxygen deprivation or improper instrument use—while a birth defect is typically genetic or environmental and present before birth. Malpractice may be implicated when defects are undetected, misdiagnosed, or poorly managed despite warning signs.

What are common signs of a possible birth injury after delivery?

Warning signs can include difficulty breathing, seizures, poor muscle tone, limp arm or shoulder (possible brachial plexus injury), trouble feeding, or developmental delays. Document symptoms and follow medical advice right away.

How do I know if medical negligence caused my child’s injury?

Negligence is about whether providers met the standard of care. An attorney reviews records, fetal monitoring strips, and expert opinions to assess causation and preventability. Start with a case review to understand your options.

Who can be liable in a birth injury case?

Depending on the facts, potential defendants can include OB-GYNs, nurses, anesthesiologists, hospitals or birthing centers, and in some cases staffing or monitoring vendors. Liability turns on the conduct and the standard of care.

What compensation can a family recover in a birth injury claim?

Damages may include medical expenses and future care, therapies and equipment, home modifications, lost income or earning capacity, and non-economic losses such as pain and suffering. In tragic cases, families may also pursue a wrongful death claim.

How long do I have to file a birth injury claim in California?

Strict deadlines apply to medical malpractice and claims involving public entities, and the timelines can be complex. Contact an attorney promptly to preserve your rights and avoid missing required notices.

How do you prove negligence in a birth injury case?

We obtain and analyze medical records, consult qualified experts to define the standard of care, link breaches to harm, and build a clear causation narrative supported by evidence and expert testimony.

How much does it cost to hire a birth injury attorney?

We work on a contingency fee—there are no upfront fees, and you pay nothing unless we win.

What should I bring to a free consultation?

Bring prenatal and hospital records, discharge summaries, imaging or test results, a timeline of events, provider names, insurance information, and notes about symptoms or diagnoses since birth.

Will filing a claim affect my child’s ongoing medical care?

Your child’s treatment should be guided by medical needs. We handle legal and insurance issues so families can focus on care and support.

How long do birth injury cases take?

Timelines vary based on complexity, severity of injuries, and whether litigation is required. Early investigation helps preserve evidence and improve outcomes.

Have more questions? Speak with a California medical malpractice attorney today or request a free consultation.