Los Angeles Birth Injury Attorney
Award-Winning Representation for Families in Los Angeles and Throughout California
The birth of a child should be an exhilarating experience for a family. When an act of medical negligence causes your child harm, it does more than strip away that excitement. It can financially and emotionally devastate a family. If your family has been affected by a medical mistake such as this, Heimberg Barr LLP is here to help. The Los Angeles birth injury attorneys have secured millions of dollars in recovery for families throughout California, including:
Led by Dr. Steven Heimberg a licensed physician and trial attorney our firm combines rare medical and legal expertise to build the strongest possible case for your child. We have been named the #1 Medical Malpractice Firm by the National Law Journal and recognized as Top Tier attorneys by Best Lawyers and U.S. News & World Report.
Our birth injury lawyers have secured some of the largest verdicts and settlements in California history, including:
$17 million
Largest birth injury verdict in California history at the time. A doctor failed to respond to fetal distress, causing permanent brain damage.
$10.55 million
Largest medical settlement in California history at the time. Negligent C-section recommendation led to triplets being delivered at 25 weeks; one child died, two suffered permanent brain damage.
$7.1 million
Twins delivered unnecessarily early at 30 weeks; both sustained brain damage due to medical negligence.
$5.075 million
If your child suffered a birth injury due to medical negligence, you may be entitled to compensation for lifetime medical care, therapy, special education, and pain and suffering. Call (310) 954-2000 today for a free, confidential case evaluation — no fee unless we win.
What Are Birth Injuries?
Birth injuries happen during labor and delivery often because a doctor, nurse, or hospital failed to act when something went wrong. This is different from a birth defect, which develops before birth (such as Down syndrome, cleft palate, or neural tube defects) and is typically congenital rather than caused by medical negligence.
That said, even with certain congenital conditions, much of the harm can be prevented with proper, timely treatment. And when doctors fail to inform parents of a serious condition and deny them the opportunity to make informed decisions about the pregnancy, families may have grounds for a wrongful birth claim.
Who Is Responsible for My Baby's Birth Injury?
Birth injuries are often the result of trauma during delivery or a preventable medical mistake during labor and the hours surrounding birth. Common examples include an undiagnosed infection, a failure to recognize that the baby was being deprived of oxygen, or physical trauma caused by excessive force during delivery.
If a doctor, midwife, nurse, anesthesiologist, clinic, hospital, or HMO made an avoidable error, you may have a valid claim against one or more of them. When a birth injury tragically results in the loss of a baby or mother, families may also have grounds for a wrongful death claim under California law.
Common Causes of Birth Injuries
Some of the most common causes of birth injuries we see in our cases include:
Improper fetal monitoring
Failure to detect signs of fetal distress on the monitor strips, or failure to act once distress is identified.
Improper medication and treatment
Incorrect dosing or mismanagement of labor-inducing drugs like Pitocin.
Untreated preeclampsia
A pregnancy complication that, left untreated, can cause stroke and seizures in both mother and baby.
Trauma during delivery
Injuries caused by excessive force, improper use of vacuum extractors or forceps.
Delayed C-section
An unreasonable delay in ordering an emergency Caesarian section when one is medically necessary.
Prolonged time in the birth canal
When the baby is allowed to remain in the birth canal too long without intervention.
Intrauterine growth restriction (IUGR)
Failure to recognize and treat a baby that isn’t growing properly in the womb, especially in the final weeks of pregnancy.
Oxygen deprivation (hypoxia)
Caused by problems with blood supply to the baby through the placenta or umbilical cord, which can lead to hypoxic-ischemic encephalopathy (HIE) and cerebral palsy.
Placental abruption
When the placenta separates from the uterine wall, causing severe bleeding and cutting off the baby’s oxygen and blood supply.
Why California Families File Birth Injury Claims?
Children who suffer birth injuries may face a lifetime of medical challenges, including brain damage, cerebral palsy, spastic quadriplegia (a severe form of cerebral palsy causing stiffness in all four limbs), seizure disorders, and other developmental or neurological problems. Some children will never be able to care for themselves, and their families face a lifetime of emotional and physical challenges along with staggering medical bills for therapy, surgery, medication, nursing, 24/7 attendant care, and special education.
The shock of learning your child has a birth injury eventually gives way to the day-to-day reality: caring for a child with severe disabilities often means less time for your other children, and one parent may need to leave their job entirely. Insurance rarely covers the full cost of long-term care, and many families exhaust their savings trying to keep up. In California, the average birth injury settlement is significantly higher than the statewide medical malpractice average due to the lifetime of care many of these children require.
While no settlement can undo what’s been lost, it can secure your child’s long-term care, therapy, and quality of life including after you’re no longer able to provide care yourself.
How Long Do I Have to File a Birth Injury Claim in California?
Time is critical. Under California law, the statute of limitations for medical malpractice claims is generally three years from the date of injury, or one year from the date you discovered (or reasonably should have discovered) the injury whichever comes first. For birth injury claims involving a minor, California law allows additional time, but the deadlines are still strict and case-specific.
Acting quickly also protects your case in other ways: medical records can be lost or altered, witnesses’ memories fade, and key evidence may disappear. The sooner an experienced birth injury attorney can investigate your case, the stronger your claim will be.
Don’t wait to find out if you have a case call (310) 954-2000 today for a free consultation.
Why Los Angeles Families Choose Heimberg Barr LLP?
Heimberg Barr LLP attorneys have spent decades facing down insurance companies and hospital defense teams. We know the medical and legal issues inside and out, and we know exactly what it takes to hold insurance companies accountable for claims they should be paying.
Dr. Steven Heimberg a licensed physician and trial attorney has spent more than 20 years working one-on-one with birth injury victims and their families. His medical background allows him to fully understand the scope of a child’s injuries and communicate that impact clearly to a jury, ensuring fair and just compensation. Heimberg Barr LLP attorneys are recognized year after year for their dedication and results:
- Named #1 Medical Malpractice Firm by The National Law Journal
- Repeatedly recognized as Top Tier in Medical Malpractice and Personal Injury by Best Lawyers and U.S. News & World Report
- Steven Heimberg named Los Angeles Trial Lawyer of the Year and Best Lawyers’ Lawyer of the Year
- Named Top 100 California Trial Lawyer for ten consecutive years
Deadlines for filing a medical malpractice claim are complex, and your claim may be forever barred if it is not filed in a timely manner. The best choice you can make is calling an attorney as soon as you believe that you or your loved one has been wrongly hurt and schedule a consultation. Dr Heimberg will work with you, even visit clients who are too sick or too injured to travel.
Read more about our results in past birth injury cases or hear directly from families we’ve represented.
Speak With a Los Angeles Birth Injury Lawyer Today
Heimberg Barr LLP is an award-winning catastrophic injury and medical malpractice firm. If you, your loved one, or your child sustained injuries before, during, or after the birth and delivery process, please call (310) 954-2000 or fill out this contact form, and schedule a free consultation. The firm serves clients throughout California.
“Max came into the world a hard way. He was suffering from oxygen deprivation while he was in utero … so he was born with extensive brain damage … I didn’t want to go through the litigation process, but thank goodness we did. The verdict that we were awarded … was at the time the largest verdict in California for a case involving a brain damaged baby… and we’re going to need every cent of it. Max’s care costs about $30,000 a month, and 95 percent of that is not covered by insurance. He requires almost 24/7 nursing care, physical therapy six times a week, all kinds of equipment … Money can’t undo the injuries that have occurred, but it certainly can help the quality of life.”
Kelly Akins
California Birth Injury Case Results
By Dr Steven Heimberg
Frequently Asked Questions
How long do I have to file a birth injury claim?
Birth injury claims generally provide more time than adult medical malpractice claims, but the deadlines are complex.
The child's claim is generally six years from birth and may extend to eight years in certain circumstances.
However, the parents' individual claims usually remain subject to the standard one-year deadline.
Claims involving public hospitals may require a government claim to be filed within six months.
Families should consult an experienced attorney as early as possible to avoid losing important rights.
What compensation can I get for a birth injury?
The largest component of compensation is typically the cost of lifelong care.
Severely injured children may require 24/7 attendant care, often involving multiple nursing shifts every day for life.
Additional damages may include occupational therapy, physical therapy, special education expenses, and lost future earning capacity.
Subject to MICRA limitations, non-economic damages may also be available.
Multiple family members may have independent claims, including the mother, father, and potentially a future wrongful death claim if the child later passes away.
Who is liable for a birth injury?
Responsibility for birth injuries is frequently shared among multiple parties.
Common defendants include the delivering obstetrician, neonatologists, nurses, and the hospital itself.
Hospitals may also be liable for inadequate staffing, credentialing failures, nursing errors, or system failures such as an inability to perform an emergency C-section within accepted standards.
Identifying every responsible party is important because it may significantly affect available compensation and applicable damage caps.