Birth Injuries in California
Average Settlement: $1,000,000 - $5,000,000 | Statute: 1 year from discovery of the injury or 3 years from the date of injury, whichever comes first
About Birth Injuries
Birth injury malpractice occurs when negligent medical care during pregnancy, labor, or delivery causes harm to the mother or newborn. These cases often involve catastrophic, lifelong injuries such as cerebral palsy or brain damage resulting from oxygen deprivation. Birth injury claims are among the most high-value malpractice cases because they frequently involve permanent disabilities requiring a lifetime of medical care, therapy, and support.
California Medical Malpractice Laws
Statute of Limitations
1 year from discovery of the injury or 3 years from the date of injury, whichever comes first
Damage Cap
$350,000 non-economic damages (MICRA — increasing annually under AB 35 starting 2023; rises to $750,000 for non-death cases and $1,000,000 for death cases by 2033)
Discovery Rule
California applies a robust discovery rule — the 1-year period begins when the patient discovers, or through reasonable diligence should have discovered, the injury.
Pre-Filing Requirements
Plaintiffs must provide 90 days' notice of intent to sue before filing a medical malpractice lawsuit.
Common Examples of Birth Injuries
- •Failure to monitor fetal heart rate and respond to signs of fetal distress
- •Delayed or improperly performed emergency cesarean section
- •Excessive use of force with vacuum extractors or forceps during delivery
- •Failure to diagnose and treat maternal infections during pregnancy
- •Improper administration of labor-inducing drugs such as Pitocin
- •Failure to identify and manage umbilical cord complications
- •Missed diagnosis of gestational diabetes or preeclampsia
Key Facts
- ✓Cerebral palsy caused by birth asphyxia is one of the most frequently litigated and highest-value medical malpractice claims in the United States
- ✓Fetal monitoring strips are among the most important pieces of evidence in birth injury cases, as they document the baby's heart rate and the timing of medical interventions
- ✓Birth injury cases often involve life care plans prepared by specialists that project the total cost of care over the child's expected lifetime, which can exceed tens of millions of dollars
- ✓Many states have extended statutes of limitations for birth injury claims, allowing minors to file suit until several years after they reach the age of majority
- ✓Both the obstetrician and the hospital can be held liable, particularly when hospital staffing levels or policies contributed to delayed intervention
- ✓Expert neonatologists and maternal-fetal medicine specialists are typically required to testify about the standard of care during labor and delivery
- ✓MICRA (Medical Injury Compensation Reform Act of 1975) was significantly amended by AB 35 in 2022, raising the non-economic damage cap for the first time in nearly 50 years.
- ✓California uses a pure comparative negligence system, allowing plaintiffs to recover damages even if they are primarily at fault.
- ✓Attorney fees in medical malpractice cases are limited by a sliding scale under MICRA.
- ✓Punitive damages are not subject to MICRA's cap and may be awarded upon proof of malice, oppression, or fraud.
- ✓Periodic payment of future damages can be ordered for judgments exceeding $50,000.
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This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in California.