Bringing a child into the world should be one of the happiest moments of your life. Unfortunately, when medical professionals fail to meet the standard of care, preventable birth injuries can occur — leaving families facing medical, emotional, and financial challenges. At Wilcoxen Callaham, LLP, we have decades of experience representing families in California whose children suffered harm during labor and delivery.

In this article, we’ll explain the most common types of birth injuries, when they may be considered medical malpractice, what you can do to help your attorney build the strongest case possible, and the deadlines for taking legal action.

Common Types of Birth Injuries

While some birth injuries result from unavoidable complications, others are preventable with proper medical care. The most common injuries we see in California birth injury cases include:

  • Cerebral palsy – Often linked to lack of oxygen (hypoxia) during delivery.
  • Brachial plexus injuries (Erb’s palsy or Klumpke’s palsy) – Nerve damage to the shoulder and arm, often caused by excessive force during delivery.
  • Fractures – Broken collarbones or other bones from improper use of delivery tools or excessive pulling.
  • Facial nerve injury – Often from forceps or vacuum extraction.
  • Hypoxic-ischemic encephalopathy (HIE) – Brain damage due to insufficient oxygen or blood flow during labor.
  • Spinal cord injuries – Rare but devastating, usually caused by excessive traction or mishandling during birth.

When Birth Injuries May Be Medical Malpractice in California

In California, a birth injury may rise to the level of medical malpractice when the medical provider’s care falls below the accepted standard, causing injury to the mother or child. Examples include:

  • Failing to monitor fetal distress
  • Delaying a necessary C-section
  • Misusing delivery tools (forceps or vacuum extractor)
  • Administering incorrect medications or dosages
  • Ignoring maternal risk factors during pregnancy and labor

If these or similar negligent actions directly caused the injury, you may have grounds for a medical malpractice lawsuit.

How Parents Can Help Their Attorney

If you believe your child’s birth injury was caused by medical negligence, you can take key steps to strengthen your case:

  1. Preserve medical records – Keep copies of prenatal, labor, delivery, and postnatal medical records.
  2. Document symptoms and treatment – Keep a journal of your child’s medical symptoms, developmental milestones, and all related appointments.
  3. Gather witness information – If anyone was present during the birth (family, friends, or doulas), note their names and contact information.
  4. Avoid social media posts – Anything you post could be used against your case.
  5. Contact an experienced birth injury attorney quickly – The sooner we start, the more evidence we can preserve.

Why Choose Wilcoxen Callaham, LLP

We understand the emotional toll a birth injury takes on a family. Our Sacramento-based medical malpractice attorneys have a proven record of holding negligent healthcare providers accountable and securing compensation that helps families care for their children’s needs now and in the future.

If your child suffered a birth injury in California, contact us for a free, confidential consultation. We’ll review your medical records, consult with top medical experts, and guide you through every step of the process.

Contact Wilcoxen Callaham, LLP today to learn your rights and options.

📞 Call: (916) 442-2777
🌐 Visit: www.wilcoxenlaw.com