Sacramento Birth Injury Lawyer

Some of the most traumatic injuries are those that occur to a newborn child during childbirth. When giving birth, there are many things that can make the process more difficult and potentially cause injury to the baby. Statistics show in California alone, 40 babies a day are born with some type of birth injury.

Most birth injuries can have a lasting impact on both the child and their family, often requiring significant medical care and support.

Complications can arise during the birth of any child. Some of the common complications are well known to the medical profession, and there are usually steps that competent doctors and hospitals can take to prevent or minimize the extent of the birth injuries a child suffers. Unfortunately, sometimes these steps are not followed because of negligence or fatigue by medical personnel. California hospitals must adhere to strict protocols during childbirth, and failure to meet these standards can lead to birth injuries.

Tragically, it is then a precious newborn child and his or her parents who pay the price. Children who suffer birth injuries may have difficulty walking, talking, growing, breathing, or cognitively. In some cases, they may need extended medical care and treatment, sometimes for the rest of their lives. This puts a tremendous burden on the parents, both financially, but more importantly emotionally. A child's birth injury can affect the child's future, leading to potential disabilities, developmental delays, and the need for long-term care and therapies. The impact of a child's injuries can be overwhelming, affecting the entire family’s quality of life and financial stability.

All parents want to see their children thrive and grow, to run and play, to laugh and learn, and to achieve everything possible in life and eventually have families and children of their own. Many of these aspirations are cruelly limited when a child suffers from a birth injury. When this happens, parents have an absolute obligation to do everything they can to make sure that their injured son or daughter gets all the help they need and deserve to address the problem and to have a successful and happy life.

Birth injuries can profoundly affect not only a child’s health and development but also the well-being of the entire family. When a birth injury occurs during the birth process, it is often the direct result of medical negligence or improper care by those entrusted with your child’s safety. These injuries can lead to lifelong challenges, including physical limitations, emotional distress, and significant financial burdens. If your child has suffered a birth injury, it is crucial to consult with a knowledgeable birth injury lawyer who understands the complexities of birth injury cases and can guide you through the process of filing a birth injury lawsuit. California birth injury lawyers, such as those at Cutter Law, are highly skilled in handling these sensitive cases and are dedicated to helping families secure the fair compensation they deserve. By seeking legal representation, you can ensure that your child’s needs are met and that those responsible for the injury are held accountable for their negligence.

The most catastrophic birth injuries are those caused by deprivation of oxygen or blood flow to the brain. Total lack of oxygen to the brain (anoxia) or partial lack of oxygen (hypoxia) and bleeding can cause the child to have conditions such as Cerebral Palsy, Erb’s Palsy, Brachial Plexus Palsy, and mental retardation.

Children can also suffer fractures during birth, the most common of which is a fracture of the clavicle. Based on the most recent statistics from 2025, the most catastrophic birth injuries are those caused by deprivation of oxygen or blood flow to the brain. Total lack of oxygen to the brain (anoxia) or partial lack of oxygen (hypoxia) and bleeding can cause children to develop conditions such as Cerebral Palsy, Erb's Palsy, Brachial Plexus Palsy, and cognitive disabilities.

Common cases handled by birth injury lawyers in Sacramento include Cerebral Palsy, Erb's Palsy, and brain damage caused by oxygen deprivation. Broken bones can occur during difficult deliveries, often due to excessive force or improper use of delivery instruments. Shoulder dystocia happens when one or both of the baby's shoulders get stuck during delivery, often requiring immediate medical attention. Fetal macrosomia, or large baby size, can increase the chance of shoulder dystocia and nerve injuries during labor. Gestational diabetes can lead to high birth weight and other complications that may result in birth injuries. Preeclampsia can restrict blood flow to the placenta and cause serious complications for both mother and baby.

Certain risk factors can make birth injuries more likely, and it is the responsibility of medical professionals to recognize and address these risks throughout the delivery process. Factors such as the baby’s size and position, prolonged or difficult labor, and the mother’s underlying health conditions all require careful monitoring. When these risk factors are not managed properly, the consequences can be severe, including brain damage, physical trauma, or even loss of life. Medical negligence—such as failing to act quickly or overlooking warning signs—can turn a manageable situation into a tragic outcome. If you believe your child’s birth injury was caused by such negligence, a birth injury lawyer can review your medical records, assess the actions of the medical team, and help you determine the best way to seek justice and compensation for your child’s injuries.

A child can suffer a birth injury before, during, or immediately after delivery. Birth injury can be caused by mistakes made by doctors, medical professionals, or hospitals. Failing to take necessary actions in a timely matter, for example waiting too long to perform a C-section, or misjudging the situation can cause traumatic injury to the baby. Baby's injuries can result from medical negligence during childbirth, such as improper use of forceps, delayed C-sections, or failure to monitor fetal distress.

Other causes of birth injuries can include infections, abnormal birth positions, breech presentation, and errors in the use of forceps and vacuum extraction. Head trauma during delivery can result in a number of troubling injuries including a variety of hemorrhages. Attorneys review prenatal records, fetal monitoring strips, and delivery notes to identify missed warning signs of negligence. Investigation of medical negligence includes identifying errors such as delayed C-sections or improper use of delivery instruments.

In the situation of a birth injury, it is vitally important to speak to a lawyer as soon as possible. Children who have suffered injuries due to medical negligence deserve legal intervention to secure the care and compensation they need.

In California, the law imposes a statute of limitations, which sets a maximum amount of time that legal proceedings can occur after the date of the accident or other incident. Each year at our Law Office, people call me to ask me for help that have legitimate cases, only to find their statute of limitations has already run out. It is one of the most difficult things for me to tell them I can’t help because they waited too long. If you wait to take action, you may have the best case in the world, and be very deserving of receiving compensation, but your claim is harshly lost forever. Don’t let this happen to you and your child! The statute of limitations for filing a medical malpractice lawsuit in California is typically one year.

Another important reason to contact an experienced attorney as quickly as possible after a birth injury occurs is to make sure that all possible needed evidence in the case that will be required to present a legal claim is preserved, including medical records and test results, witness statements from everyone in the hospital room where the birth took place, and the identities of all medical personnel involved and responsible. Our office knows all the steps that must be taken, so that all your legal rights will remained preserved. Your medical records tell the story of what happened during your pregnancy, labor, and delivery. The right attorney will ensure that all relevant evidence is collected and that your claim is filed on time.

Children who have suffered a birth injury may need a variety of extra assistance. In addition to medical care and treatment, they may need physical, occupational, or speech therapy, and special education services or tutoring when they attend school. In the most severe cases, a child may need extended care, including nursing care, and may need financial assistance later in life if they are unable to work. When a child suffers a birth injury due to negligence or other misconduct by medical personnel, the extraordinary burden of providing these things should not fall on the parents, nor should the child be left in the lurch and want for any of the extra help they need and deserve. Birth injury lawyers develop a comprehensive 'Life Care Plan' to account for future medical expenses and care needs. Obtaining funds for ongoing therapies and specialized care is a key role of birth injury lawyers.

A medical malpractice lawsuit requires proof of what doctors or other medical personnel did wrong that contributed to causing the injury. The law imposes a number of procedural and legal barriers to recovering damages – an often complex maze that requires an experienced and dedicated attorney to guide the case through to success. Birth injury attorneys help families by investigating medical records and consulting medical experts to prove breach of duty. A birth injury lawyer should have access to medical experts to establish that the care provided fell below the accepted standard of care. Expert witnesses, such as medical professionals, are crucial in explaining complex medical records and strengthening your case in medical malpractice lawsuits. Birth injury lawyers hold negligent healthcare providers accountable for injuries like cerebral palsy or brain damage and ensure they are held responsible for the harm caused.

If you or a loved one has experienced the tragedy of a child born with a birth injury, you will need a lawyer with specific experience. Call Moseley Collins at (916) 444-4444 for a free consultation.

Moseley Collins is a personal injury attorney serving those badly hurt throughout California. There is absolutely NO FEE to discuss your case and there is absolutely no fee unless we win and get you the money you are entitled to.