San Bernardino Birth Injury Lawyer

Birth Injury Attorney in San Bernardino, CA

Childbirth is a beautiful moment that should bring joy and excitement. However, some births can be traumatic and jeopardize the baby’s well-being. It can only take a few seconds of improper procedure and malpractice to forever change a family’s life. If you believe you received a birth injury due to medical malpractice, a San Bernardino birth injury lawyer may help review your case and discuss viable options.

Belgum, Fry & Van Allen offers years of experience in personal injury and medical malpractice cases. These laws can be difficult to navigate, and we are committed to ensuring our clients can challenge health procedures with ease and competence. Hire a birth injury lawyer who can advocate for your rights while providing aggressive representation both in and out of court.

What Are Birth Injuries?

Birth injuries are physical traumas or injuries that originated during labor and delivery. These injuries may impact the mother, the infant, or both. They can result in temporary conditions that resolve over time or in long-lasting disabilities that can affect mobility, health, and quality of life. Birth injuries may be the product of medical negligence or a procedure that could have been avoided with proper care and attention.

Types of Birth Injuries

Infants can develop short-term and long-term conditions after suffering from birth injuries. These conditions or disabilities may lead to physical limitations, the need for accommodations, and the need for expensive treatments. While the following is not an exhaustive list, birth injuries can include:

• Cerebral palsy
• Brain damage
• Minor bruises
• Severe bone fractures
• Infections
• Surgical instrument injuries
• Brachial plexus injuries
• Fetal distress

While some conditions may be congenital, the delivery process plays a significant role in either triggering or worsening certain disabilities. A medical professional must be aware of the instruments that they use, the medication provided, as well as its side effects, and the positioning of the fetus during labor. Otherwise, the use of excessive force, contaminated equipment, or improper delivery techniques may impact the infant’s health.

Filing a Birth Injury Claim in San Bernardino

The process of filing a birth injury claim can be frustrating, but it is necessary to raise awareness about an issue that brings thousands of complaints each year. For the first nine months of 2025, the National Practitioner Data Bank (NPDB) submitted almost 3,000 adverse action reports in California, resulting in about 700 medical malpractice payment reports. To file a claim, a plaintiff may do the following:

• Gather enough evidence to sustain a birth injury claim. This could include hospital records, witness testimony, and other pertinent documentation.
• File a claim with the Civil Division of the San Bernardino District Court.
• Plaintiffs are required to give healthcare practitioners a notice in writing about their intent to file a claim against them. This must be done at least 90 days before filing.
• Keep statutes of limitations in mind. These may vary depending on who is filing the claim.
• Prepare to negotiate, as most birth injury cases are resolved through settlements. However, the plaintiff should also be prepared to take matters to court if needed.

Healthcare professionals should be held to the highest standard, especially as people rely on them for their own health and that of their children. Whether an individual gave birth at St. Bernardine Medical Center, Community Hospital of San Bernardino, or at home, the nurses, doctors, and midwives involved are legally responsible for performing their duties adequately.

Possible Compensation for Birth Injuries in California

Individuals may be entitled to economic and non-economic damages. Economic damages may include medical bills, lost wages, and rehabilitation costs. Non-economic damages may include pain and suffering. Punitive damages may be awarded in cases of egregious negligence. The State awarded $27 million in 2024 for failure to identify fetal distress, which is a form of birth injury. Plaintiffs have several compensation options to consider.

FAQs

How Do You Prove a Birth Injury Claim in California?

The individual must prove that the injury, condition, or disability originated during the labor and delivery of the infant. They must also prove the healthcare professional had a duty to provide appropriate care at the time, yet their negligent or reckless actions led to birth complications. During the filing process, the strength of the evidence supporting the case will be key to determining a favorable outcome.

What Are the Statutes of Limitations for Birth Injuries in California?

People usually have three years to file a birth injury complaint, though they may be given one year to file once they have reasonably discovered the presence of an injury. The statutes of limitations may vary when an individual files on behalf of a minor under eight years old. The filer may consult with a San Bernardino birth injury lawyer to ensure compliance with these birth injury statutes.

Why Should You Hire a San Bernardino Birth Injury Lawyer?

Birth injuries are one of the most complex personal injury cases to prove, since they also overlap with medical malpractice cases. Medical malpractice is a serious accusation, and healthcare practitioners and institutions often rely on powerful representation and support. Moreover, the client must be able to prove that the injury resulted from negligence, not from natural birth complications. A birth injury lawyer can help navigate these challenges.

How Should Parents Prepare When Filing a Complaint on Behalf of Their Infant?

Parents, especially the mother, can prepare to file a complaint against healthcare practitioners on behalf of their child by gathering as much evidence as possible. They can document the events and conversations leading to labor and delivery (e.g., disclosure of complications and updates on a fetus’s positioning), as well as the actions of nurses, doctors, and other healthcare practitioners during delivery.

Hire a Birth Injury Lawyer Today

At Belgum, Fry & Van Allen, we are committed to delivering justice for families affected by medical negligence. Birth injuries can have long-lasting effects on both the mother and the infant. It is imperative to seek fair compensation, as families experience additional financial burdens. Contact us today to schedule a free consultation.