Birth Injuries

California Birth Injury Attorney

Tirelessly Pursuing Justice for Families in San Francisco

Bringing a child into the world should be one of life’s most joyous moments. Unfortunately, this isn’t the case for every family. Every year in California, preventable birth injuries leave thousands of families facing heartbreak, uncertainty, and financial hardships, making it crucial to know your rights. If you or a loved one was harmed by medical malpractice during pregnancy, labor, or delivery, our highly skilled birth injury lawyer can tirelessly pursue justice while your family focuses on healing.

At Peterson Injury Law, our goal is to protect your child’s future by providing the steadfast advocacy you deserve. Our award-winning attorney has a proven track record in birth injury cases, giving you peace of mind that your case is in capable hands. With decades of experience and a reputation for record-breaking verdicts, you can trust us to advocate for a fair settlement while representing your best interests in and out of the courtroom.

As one of the nation’s top trial lawyers, Attorney Erik Peterson has earned national acclaim from prestigious organizations like the Multi-Million Dollar Advocates Forum®, Super Lawyers®, and The Best Lawyers in America®, underscoring our commitment to professional excellence and impressive record of results. No matter your legal situation, we take a personalized and compassionate approach to every case to alleviate stress and meet your family’s unique needs.

If you suffered a birth injury in California, don’t wait to seek justice. Contact us online to discuss your case. Pay no legal fees until we win a settlement.

Common Types of Birth Injuries

Birth injuries can have long-lasting effects on both 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 is caused by a lack of oxygen and blood flow to the brain during or shortly after birth.
Erb’s palsy. Also known as brachial plexus injury, this condition results from nerve damage in a baby’s shoulder or arm during delivery.
Shoulder dystocia. This occurs when a baby’s shoulders get stuck during childbirth, leading to nerve damage and other serious health complications.
Facial paralysis. Nerve damage in the face can occur if forceps or vacuum extraction is used during delivery.

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

See More Wins

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
We are both ever grateful to you.
“In my world, you have been very successful in the ways most important, most lasting, most valuable. And I know that [deceased husband] feels this way as well.”

- Former Client
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 are unpreventable, many are caused by medical malpractice or negligence on the part of providers, nurses, midwives, and other healthcare professionals. If you or your child suffered harm during pregnancy, labor, or delivery, you may have the right to seek 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/or 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 fails to identify potential risks or complications.

Who Is Responsible for Damages in a Birth Injury Claim?

Depending on the unique circumstances of the case, various parties may be liable for damages in a birth injury claim. Some potentially liable parties include:

Healthcare providers. Doctors, midwives, nurses, and other medical professionals may be responsible for birth injuries if they fail to provide an acceptable standard of care, such as failing to conduct proper prenatal screenings or ignoring fetal distress signs.
Hospitals and medical facilities. The hospital or medical facility may be liable if their negligence contributes to the birth injury, such as disregarding safety protocols or lacking adequate staff or equipment for childbirth emergencies.
Pharmaceutical companies. The pharmaceutical company may be liable if the birth injury was caused by a harmful drug or product, such as labor-inducing medications that were not adequately tested for side effects on fetal development.

Proving Liability in a Birth Injury Lawsuit

Proving liability is a complex yet crucial step to recovering compensation in a birth injury claim. As the plaintiff, you are responsible for establishing the defendant’s negligence as the proximate cause of the birth injury, making it 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 refers to the legal obligation of healthcare professionals to provide competent care to patients.
Breach of duty. The defendant deviated from the accepted standard of care that a comparable professional would have reasonably provided under similar circumstances.
Causation. There is a direct link between the defendant’s breach and the birth injury.
Damages. The breach resulted in compensatory harm or damages.

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

In California, the statute of limitations for birth injury claims can vary depending on who is filing the claim and the circumstances surrounding the injury. Parents seeking to file a birth injury claim for damages they have personally incurred generally have three years from the date of the injury to initiate legal action (Code of Civil Procedure § 340.5).

However, different rules and shorter deadlines may apply in certain cases, such as those involving government-employed healthcare providers. Working with a knowledgeable birth injury lawyer is critical to maintaining eligibility for compensation and filing a claim within the appropriate deadline.

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

Depending on the case, various forms of compensation may be recoverable in a birth injury claim. Plaintiffs can seek damages for both economic and non-economic losses, from medical expenses and treatment costs to pain and suffering. In rare cases involving especially egregious misconduct, the court may also award punitive damages to punish the defendant and deter repeat behavior in the future.

No matter the severity of the birth injury, consulting a birth injury lawyer is vital to achieving a fair outcome. Our attorney can examine every avenue for financial recovery to maximize available damages and pursue a comprehensive settlement for all your current and future care needs. Don’t leave your financial future to chance—let us take care of the legal details while you focus on healing.

WE'RE HERE FOR YOU

Do I Need a Birth Injury Lawyer?

If you or your child suffered a birth injury, securing experienced representation is essential for protecting your rights and pursuing maximum compensation. Some important reasons to work with a birth injury attorney include:

Navigating the Legal Process

A qualified lawyer will have an in-depth understanding of the complex legal framework for medical malpractice cases to help you navigate your claim efficiently.

Meeting Strict Deadlines

California imposes tight filing deadlines for birth injury claims. Your attorney can help you file a claim correctly and on time to prevent potential delays and dismissals.

Investigating Your Case

Birth injury cases require extensive evidence to win. Your lawyer can utilize their vast network of contacts and resources to establish negligence and causation.

Negotiating with Hospitals & Insurers

Hospitals and their insurers often have extensive legal teams working to reduce payouts. Your attorney can engage in skillful negotiations to prevent you from being undercompensated or misled.

Maximizing Your Claim’s Value

A legal advocate can assess both immediate and long-term damages, such as medical bills, therapy costs, and lost earnings, so your family isn’t left with financial burdens down the line.

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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