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Every family should be filled with joy at the prospect of adding a new child. Unfortunately, some new parents are denied this joy due to negligence, which can turn a happy occasion into something filled with deep sadness.
Though the United States is a wealthy country, it is one of the most dangerous places in the developed world to give birth, according to federal data. Hundreds of U.S. women die in childbirth annually, nearly 40,000 babies suffer a birth injury. These numbers mean the U.S. ranks first among all developed nations in serious birth incidents.
Perhaps the most troubling aspect of this situation is that many of these fetal and maternal deaths and injuries are preventable. A 2018 report by USA Today discovered 50% of birth injuries and fetal and maternal deaths were preventable with a better medical response.
So why is the medical system failing so many families and their newborns?
Phil Michels Law has recovered more than $1.5 billion in verdicts and settlements for our clients. Our birth injury cases include some of the largest verdicts in Los Angeles County history:
We take cases on contingency — if we don't win, you pay nothing.
Some of the most common birth injuries include:
Cerebral Palsy is one of the most common and devastating consequences of birth injury. It is often caused by oxygen deprivation during labor or delivery — a preventable outcome when medical staff properly monitor fetal heart rate and respond to signs of distress. Our attorneys have recovered tens of millions of dollars for children with cerebral palsy in Los Angeles and throughout California.
Hypoxic-Ischemic Encephalopathy (HIE) occurs when a baby's brain is deprived of adequate oxygen and blood flow around the time of birth. It is frequently caused by failure to perform a timely C-section, improper monitoring, or delayed response to fetal distress. Without prompt treatment, HIE can cause lifelong cognitive and physical disabilities.
Erb's Palsy and Brachial Plexus Injuries These nerve injuries typically occur when excessive force is applied during delivery — particularly in cases involving shoulder dystocia. The child may experience weakness, loss of movement, or permanent paralysis in the affected arm.
Brain Damage and Anoxia When the brain is fully deprived of oxygen — even briefly — the resulting damage can be irreversible. This can occur due to umbilical cord complications, prolonged labor, or failure to recognize fetal distress signals on a fetal heart monitor.
Stillbirth and Neonatal Death Some of the most devastating cases we handle involve the loss of a baby due to medical negligence. When physicians and nursing staff fail to adequately monitor the infant during labor, conditions that could have been treated become fatal. These losses are often preventable.
Kernicterus Severe newborn jaundice that goes undiagnosed or undertreated can progress to kernicterus — permanent brain damage caused by excess bilirubin. This is almost always a preventable condition when properly monitored.
These injuries are often caused or made worse by negligent medical care, prenatally, during labor or at delivery. A delayed response to complications, a failure to recognize or diagnose fetal distress or bleeding, or incorrectly using vacuum devices, Pitocin or other birthing tools are common forms of negligence, as is the failure to order a medically necessary C-section.
Should these events occur, deaths or permanent injuries may result -- injuries that may have devastating consequences for babies and their mothers, including lifelong physical disabilities. It is no exaggeration to say that inadequate knowledge of nurses or doctors, being hurried or inattentive can irrevocably alter the outcome of a newborn’s life.
Fortunately, the legal system features robust protections for those who have suffered from medical negligence. Working with an attorney who specializes in such litigation is the first step toward receiving justice.
Not every difficult birth is the result of malpractice. However, many birth injuries in Los Angeles hospitals occur because a physician, nurse, or other medical professional failed to meet the accepted standard of care. Common forms of negligence we investigate include:
We have handled birth injury cases against physicians and hospitals throughout the Los Angeles area, including cases at Cedars-Sinai Medical Center, UCLA Medical Center, Keck Medical Center of USC, Good Samaritan Hospital, and Kaiser Permanente facilities.
Birth injury refers to infants who at birth or soon after appear depressed-low heart rate, pale, not moving, not breathing, or any of these problems. The baby might receive CPR or intubation right in the delivery room. These babies often require care in the NICU or are transferred to a children’s hospital for higher-level care. Many of these infants are later diagnosed as having cerebral palsy or "CP", have problems with seizures, feeding, movement, spasticity and delayed development. We often find that these problems are caused by a lack of adequate oxygen during labor or delivery and could have been prevented with proper nursing, doctor and hospital care.
The answer is that in our cases - many times. We look carefully at the fetal heart monitor strips for signs that the baby or fetus is struggling during labor. Prompt action by the nurses or doctors including immediate delivery or other action may prevent permanent brain damage.
What do past clients of the lawyer say about them in online reviews; what have their results been; do other lawyers recommend them? Have they been active in trial lawyer organizations? How long have they been in practice; when you call them are you treated with respect, kindness and attention? Do you get prompt callbacks?
You should never be asked to pay for your medical records or expert evaluations. Experienced medical malpractice lawyers will always advance costs and be repaid only if they are successful in your case.
Look at the doctor’s website - are they board certified? There are national doctor organizations or boards that will recognize or "Certify" a doctor as experienced in a certain area of medicine. They usually require that the doctor pass an oral and written examination in their specialty.
Look at how long has the doctor been practicing and where was he trained. The medical schools in the United States are hard to get into and have rigorous requirements to graduate. Foreign medical schools may be less so.
Look for what training the doctor had after medical school. What residencies or fellowships did the doctor complete? What hospitals is he or she on staff at?
Not all hospitals are of equal quality. The major medical centers and those part of university-level training programs differ from community hospitals in the experience and training of their physicians and nursing staff. They are stricter in assuring that their policies and procedures are followed by the physicians and other staff. They have more resources than you find at community hospitals.
The deadline to file a birth injury lawsuit in California depends on who is bringing the claim and where the injury occurred. For an injured child, the statute of limitations is generally until the child's eighth birthday — but if the birth occurred at a government-run or public hospital, that window can be as short as six months. For parents bringing a claim on their own behalf, the standard medical malpractice deadline typically applies. Because these deadlines can be complex and vary by circumstance, it is critical to speak with a Los Angeles birth injury attorney as soon as possible.
The value of a birth injury case depends on the severity of the injury, the cost of current and future medical care, and the long-term impact on the child's quality of life. In California, non-economic damages in medical malpractice cases are capped under MICRA (the Medical Injury Compensation Reform Act). However, economic damages — which include all medical expenses, long-term care costs, therapy, assistive devices, and lost future earning capacity — are not capped and can be substantial. In the most severe cases, such as those involving cerebral palsy or permanent brain damage, lifetime care costs alone can reach into the millions. Phil Michels Law works with life care planners and economic experts to calculate the full value of your child's case.
Yes. Hospitals can be held liable for birth injuries caused by their employees — including nurses, residents, and other staff — as well as for systemic failures such as inadequate staffing, poor training, or failure to enforce proper protocols. We have successfully brought birth injury claims against some of the largest hospital systems in Los Angeles County.
First, request copies of all medical records — your prenatal records, labor and delivery records, fetal heart monitor strips, and your baby's NICU records if applicable. Do not sign any documents or speak with the hospital's risk management team or insurer without first consulting an attorney. Then contact an experienced Los Angeles birth injury lawyer who can have those records reviewed by a qualified medical expert at no cost to you.
Few things are more traumatic than serious birth injuries -- and statistics show that they occur with alarming frequency in the United States. The repercussions from such negligent actions can last a lifetime. They can turn a joyous occasion into one of the worst moments of a mother’s life.
We have extensive experience and vital resources including an in-house M.D. who has been our in-house Medical Director since 1994 and is the former Clinical Director of the Emergency Department at St. John’s Hospital in Santa Monica. For nearly two decades he has been especially focused on evaluating infants and children who may have suffered birth trauma or other medical challenges caused by medical malpractice and negligence.
Contact Los Angeles Birth Injury Attorneys With a Proven Record
If your child has suffered a birth injury — or if you are a mother who was harmed during pregnancy, labor, or delivery — contact Phil Michels Law today for a free case evaluation. Our Los Angeles birth injury attorneys have been representing California families for more than 40 years, with over $1.5 billion recovered for our clients. We have an in-house physician who has served as our Medical Director since 1994 and is the former Clinical Director of the Emergency Department at St. John's Hospital in Santa Monica. He personally reviews the medical records in every birth injury case we evaluate — at no cost to you.
We represent clients in Los Angeles, Santa Monica, Pasadena, Long Beach, Riverside County, San Diego County and throughout Southern California. There is no fee unless we win your case.