Birth Injuries

California Birth Injury Lawyer

Tirelessly Pursuing Justice for Families in San Francisco

Bringing a child into the world should be one of life’s most joyous moments. Unfortunately, some families in California face preventable birth injuries each year that bring heartbreak, uncertainty, and unexpected financial challenges. When you or someone you love is harmed by medical malpractice during pregnancy, labor, or delivery, our birth injury attorney can help your family seek justice while you focus on recovery.

At Peterson Injury Law, we work to protect your child's future and deliver steadfast advocacy throughout your birth injury case. Our attorney has a proven record in birth injury claims and a reputation for achieving record-breaking results. With decades of experience in complex cases, our team represents your interests in the pursuit of a fair outcome, inside and outside the courtroom.

Attorney Erik Peterson, recognized as one of the nation’s top civil trial attorneys, has earned repeated honors from organizations like the Multi-Million Dollar Advocates Forum®, Super Lawyers®, and The Best Lawyers in America®. We take a tailored approach to every case, striving to alleviate your stress and address the unique needs of your family.

San Francisco families often face increased financial strain due to the city's high cost of living and medical expenses. Recent updates to California law, including adjustments to caps on non-economic damages in medical malpractice cases, can affect both compensation and the legal process. Our team’s in-depth knowledge of California courts, local hospitals, and the legal landscape in San Francisco positions us to navigate your claim with care and determination.

If you suffered a birth injury in California, don’t wait to seek justice. Contact us online or by calling (415) 630-2913 to discuss your case. Pay no legal fees until we win a settlement.

What to Expect During a Birth Injury Lawsuit in San Francisco

Pursuing a birth injury case in San Francisco requires several stages, each focused on uncovering key facts and establishing responsibility under California law. After your initial consultation with a birth injury lawyer, our team gathers medical records from local hospitals, collaborates with trusted medical professionals, and examines timelines for compliance with state regulations. Bay Area courts require thorough documentation and adherence to local legal procedures, making timely and comprehensive evidence collection essential to the claim. Most cases include negotiation with insurance companies or legal teams representing the hospital, but occasionally a matter proceeds to trial if settlement talks fail. San Francisco courts prioritize transparency and often encourage mediation or settlement to help families reduce stress and save on litigation costs. When you work with Peterson Injury Law, we keep you informed at every stage, so you always know what to expect.

Common Types of Birth Injuries

Birth injuries can have long-lasting effects on the child and their family. Common types include:

Cerebral palsy. This condition affects a child’s movement, muscle tone, and balance due to brain damage before or during birth.
Hypoxic-ischemic encephalopathy (HIE). This brain injury occurs when lack of oxygen and blood flow damages the brain during or shortly after birth.
Erb’s palsy. Also known as brachial plexus injury, this condition results from nerve damage in a newborn’s shoulder or arm during delivery.
Shoulder dystocia. This occurs when a baby’s shoulders become stuck during childbirth, leading to nerve damage and other complications.
Facial paralysis. Nerve damage in the face can occur if forceps or vacuum extraction is used during delivery.

Local hospitals such as UCSF Medical Center and Sutter Health's CPMC handle a range of childbirth scenarios every year, making birth injury awareness especially important for families in San Francisco. Many communities in the Bay Area rely on these facilities for maternity care, so knowing the signs and types of birth injuries can help parents seek help quickly and make informed decisions about their children's health.

$3.75 Million Anesthesia Error
$6.25 Million Anoxic Brain Injury, Anesthesia Error
Record-Setting $17 Million Birth Injury Settlement

See More Wins

We cannot recommend Erik and his team highly enough.
“Working with Erik Peterson was an exceptional experience during one of the most difficult times in our lives. As we faced shock and a maze of medical decisions, Erik seamlessly took on our medical malpractice case with professionalism, compassion, and deep expertise. From our very first conversation, it was clear that Erik had both the knowledge and the sensitivity to guide us through the process with integrity. Erik ultimately secured a settlement that protected our financial future and gave us peace of mind to focus our energy on healing and recovery. We are profoundly grateful for his guidance and advocacy, and we cannot recommend Erik and his team highly enough.”

- Jennifer B.
I am so very grateful to my lawyer, Erik
“I am so very grateful to my lawyer, Erik and his team for his unwavering support, dedication and commitment. Thank you for all your hard work leading us to a victorious outcome in court!”

- Quia K.
He was always truthful and honest but also caring.
“My wife and I are forever grateful to Erik and his team for putting the effort and care for our son and his needs. We chose Erik over another lawyer because they took the time to FaceTime with us and speak to us on a personal level which made us feel safe and heard. Throughout the process Erik was very communicative and detailed in explaining how all the legal things worked and how long things took. He was always truthful and honest but also caring. At the end Erik and his team were able to help us and now our son will have his needs met and a more comfortable life. Thank you.”

- Adrian B.
Erik, I'm incredibly grateful that [husband stroke victim] continues to improve - long after it was thought to be possible.
“He couldn't have managed independence to this extent, his current level of physical activity, or the complexity of his recent social interactions 6 months ago. None of it would have happened without ongoing therapeutic support - which has only been possible with the financial settlement.”

- Former Client
Thank you Erik for winning our case!
“Thank you Erik for winning our case! Erik and his team are superb. If you are in need of his attorney services, it is likely, like myself, that you are experiencing one of the most traumatic and painful times of your life. Of course you want an excellent lawyer - and he is it. The bonus: he is also a genuinely real and kind human being. I am so grateful to him and his team.”

- Margaret C.
Erik Peterson handled my case with care and compassion.
“His knowledge and attention to detail was stellar, making me feel secure during a difficult case. Unlike most people in life, he was always upfront with me and kept me updated every step of the way, which is truly not what I was expecting from a lawyer. Although it was determined my case could take several years, especially during a pandemic, due to his dedication it was over in only 2yrs and made the process as easy for me as possible. I would absolutely recommend this firm and use him again if I ever need to, although I hope I don't.”

- Kristy N.
This whole experience can be overwhelming but Erik kept me in the loop on everything.
“My husband passed due to medical malpractice and I didn't know what to do or who to call. All I knew was I needed to get him justice. I researched and found Erik Peterson on google and reviewed various reviews on various sites. He was very patient and fought for me and my late husband. Erik told me what to expect ahead of time so I could prepare myself mentally. All in all, I HIGHLY recommend them to anyone who may need legal assistance in personal injury, medical malpractice and wrongful death. They are excellent and I can't say enough good things about them.”

- Kiki A.
Erik Peterson is by far the best attorney.
“Very knowledgeable, professional and honest. I needed an attorney for malpractice and from the moment we first had our meeting, he explained everything in terms I could easily understand and very thorough, was always very responsive when I had questions. The case wasn’t an easy one to settle, but Erik never lost hope and kept fighting. Any time I had to get ahold of the staff at the law firm for paperwork, they were always so understanding and very helpful and always got back to me in a timely manner. I would highly recommend Erik Peterson and his law firm. He was an excellent lawyer and truly a genuine person.”

- Lila D.

When Can Medical Negligence Result in Birth Injuries?

While some birth injuries can’t be prevented, many result from medical malpractice or negligence by doctors, nurses, midwives, or other healthcare professionals. If you or your child sustained harm during pregnancy, labor, or delivery, you may have a right to pursue justice and compensation in a birth injury lawsuit.

Common forms of medical negligence leading to birth injuries include:

Failure to identify and respond to signs of fetal distress.
Failure to properly monitor the mother and baby during labor and delivery.
Improper use of forceps, vacuum extractors, or other medical instruments.
Delayed emergency C-sections or failure to perform necessary C-sections.
Administering incorrect medications during pregnancy, labor, or delivery.
Inadequate prenatal care that misses risks or complications.

San Francisco hospitals must meet the same duty of care required throughout California, but local facilities may have additional protocols to protect mothers and babies. Lapses in staff training or failure to follow hospital safety policies can raise the risk of preventable injuries. If local oversight agencies investigate or find gaps in care, those findings may impact the strength of your claim in a birth injury lawsuit. Understanding these regional factors can help you and your birth injury lawyer navigate your case more effectively.

Who Is Responsible for Damages in a Birth Injury Claim?

Depending on the details of your case, several parties may be liable for damages in a birth injury claim. Some potentially liable parties include:

Healthcare providers. Doctors, midwives, nurses, and other professionals may be responsible if they fail to provide acceptable care, such as missing prenatal screenings or overlooking fetal distress signs.
Hospitals and medical facilities. Hospitals or medical centers may be at fault if their negligence contributes to a birth injury, for example, by ignoring safety protocols or not having enough staff or equipment for emergencies.
Pharmaceutical companies. A pharmaceutical company can be liable if a dangerous drug or product, like improperly tested labor-inducing medications, injures a child during birth.

Determining responsibility in a San Francisco birth injury lawsuit may require reviewing hospital protocols, credentialing records, and any government requirements that apply to local facilities. The city’s regulations and major health systems—such as UCSF Medical Center—can sometimes complicate the process of showing fault. Legal teams familiar with local practices know how to investigate all potential sources of liability for your child’s injury.

Proving Liability in a Birth Injury Lawsuit

Proving liability is a vital step to secure compensation in a birth injury claim. As the plaintiff, you must show how the defendant’s negligence directly caused the birth injury, so it’s essential to work with a trusted birth injury lawyer.

Our attorney can help you prove liability by demonstrating the following elements:

Duty of care. The defendant owed you a duty of care. This means that healthcare professionals have a legal obligation to provide competent care to patients.
Breach of duty. The defendant acted outside the accepted standard of care that a similar professional would have followed under similar circumstances.
Causation. The defendant’s breach directly led to the birth injury.
Damages. The breach caused measurable harm or damages.

Legal Recourse for Birth Injuries

Birth injuries can place significant physical, emotional, and financial strain on the child and their family. If you suspect negligence caused your child’s injuries during childbirth, make sure to learn your rights and available legal options. At Peterson Injury Law, our team supports families as they pursue compensation and justice for birth injuries.

Here are some essential points to consider for legal recourse in birth injury cases:

Establishing Negligence: Our team evaluates whether medical providers failed to uphold a duty of care and how that affected your child.
Gathering Evidence: Reviewing medical records, statements, and expert input can support your claim. We have the resources to pursue comprehensive evidence on your behalf.
Calculating Damages: Birth injuries lead to medical bills, therapy costs, and more. Our legal team considers both present and future expenses so your compensation matches your needs.
Emotional Support: Facing a birth injury can feel overwhelming. We provide guidance and compassion while pursuing the best outcome for your family.

Families in San Francisco may face extra challenges when seeking legal recourse for birth injuries. California’s legal system imposes strict deadlines for starting claims, and local hospital procedures can affect how fast evidence becomes available. High-risk births at Bay Area medical centers can create complex lawsuits that benefit from attorneys who know the city’s court and hospital systems. By working with a birth injury attorney familiar with San Francisco, you put yourself in a strong position to address local hurdles and safeguard your child’s future.

Understanding Your Rights: Birth Injury Legal Claims

Birth injuries can devastate families and raise serious questions about responsibility and possible compensation. At Peterson Injury Law, we believe you deserve informed answers. If you feel overwhelmed by the rules and legal process, our attorneys will guide you through every step of your case.

Filing a birth injury lawsuit may entitle you to various forms of compensation, including:

Medical expenses for immediate and ongoing care
Therapeutic and rehabilitation services
Specialized educational resources for children
Pain and suffering experienced by both child and family
Potential loss of future earnings or economic opportunities

At Peterson Injury Law, every family we serve receives personalized legal attention. Our team thoroughly reviews medical records, consults health professionals, and builds your case based on the reality of your family’s hardships. You do not have to face legal challenges on your own—our birth injury attorney aims to secure the compensation your family needs to move forward.

How Long Do I Have to File a Birth Injury Claim?

In California, the timeline for filing a birth injury lawsuit can differ based on who files and the details of the injury. Parents seeking to recover damages they incurred usually have three years from the date of the injury to start legal action (Code of Civil Procedure § 340.5).

Other rules—and sometimes shorter limits—apply in certain cases, such as those involving government-employed healthcare workers. Consulting a knowledgeable birth injury lawyer helps ensure you file on time and maintain eligibility for compensation.

What Types of Compensation Are Recoverable in a Birth Injury Lawsuit?

Various types of compensation may be available in a birth injury claim, depending on your case. You can pursue financial recovery for both economic and non-economic losses, including costs for medical treatment and pain and suffering. In cases of extreme misconduct, courts may also grant punitive damages as a deterrent to future negligence.

Whatever the extent of the birth injury, speaking with a skilled birth injury attorney is key to pursuing a just outcome. Our attorney explores every opportunity for compensation and works to secure a settlement that meets both your current and future care needs. Let us handle the legal process while you focus on your child’s well-being.

Frequently Asked Questions

What qualifies as a birth injury under California law?

California law treats injuries to a newborn or mother that arise before, during, or immediately after birth—and result from medical errors or inappropriate care—as a birth injury. These may include physical trauma or complications from overlooked conditions.

Who can be held liable for a birth injury in San Francisco?

Accountability for birth injuries in San Francisco usually falls on healthcare providers, hospitals, or pharmaceutical companies if negligence or unsafe practices caused harm. In some cases, more than one party may share responsibility.

How do recent changes in California law affect birth injury lawsuits?

Recent changes to California’s limit on non-economic damages affect how much compensation families may recover in birth injury or medical malpractice lawsuits. These adjustments mean you should get current legal advice to better understand how the rules apply to your case.

WE'RE HERE FOR YOU

Do I Need a Birth Injury Lawyer?

If your child suffered a birth injury, working with a knowledgeable birth injury lawyer is the best way to protect your rights and seek fair compensation. Some important reasons to hire a birth injury attorney include:

Navigating the Legal Process

A qualified lawyer understands the complex legal framework surrounding medical malpractice claims and will help you manage your case efficiently.

Meeting Strict Deadlines

California imposes tight filing deadlines for birth injury lawsuits. Your attorney can help with filing paperwork correctly and on time, so you avoid delays and the risk of dismissal.

San Francisco’s court system follows state procedures but requires compliance with specific local and county rules. Attorneys with experience in Bay Area courts can help families avoid common errors and keep your case on track.

Investigating Your Case

Birth injury lawsuits demand detailed evidence and clear causation. Your lawyer will use a broad network of professional contacts and resources to build your claim.

Negotiating with Hospitals & Insurers

Hospitals and insurers often use legal teams to minimize payouts. Your attorney can negotiate and advocate for your family, reducing the chance that you’ll accept an unfair offer.

Maximizing Your Claim’s Value

A legal advocate can review both your immediate and long-term damages—like medical bills, therapy costs, and lost income—so your family is not left with ongoing financial burdens.

If you or your child suffered a birth injury, we can fight to hold the negligent provider or hospital accountable. Call (415) 630-2913 to schedule a free consultation.

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