SANTA CLARITA BIRTH INJURY ATTORNEYS

​​If your child suffered a preventable injury during birth, you deserve clear answers about what happened and what your options are. Robert Mansour, Santa Clarita birth injury attorney, helps families across Valencia, Canyon Country, Newhall, Castaic, Stevenson Ranch, Saugus, and the entire Santa Clarita Valley understand their rights when a birth injury may have resulted from medical negligence. Call (661) 414-7100 today for a free, confidential consultation.

What Is a Birth Injury?

A birth injury occurs when a newborn or mother suffers harm during labor, delivery, or immediately after birth due to medical negligence. Unlike birth defects, which develop during pregnancy independent of medical care, birth injuries are potentially preventable and may result from:

• Failing to monitor fetal distress
• Delaying a necessary C-section
• Misusing delivery tools such as forceps or a vacuum extractor
• Administering incorrect medications
• Ignoring known maternal or fetal risk factors
• Poor communication among medical staff during labor and delivery

Common birth injuries include cerebral palsy, brachial plexus injuries (Erb's palsy), hypoxic-ischemic encephalopathy (HIE), skull fractures, and, in the most severe cases, wrongful death.

Why Birth Injury Cases Require Specialized Guidance
Birth injury cases are medical malpractice claims, which involve legal and procedural rules that don't apply to an ordinary personal injury case:

• Medical complexity: these cases typically require input from neonatologists, obstetricians, and nursing standard-of-care experts
• Investigation resources: thorough review of medical records and, generally, supporting expert testimony
• California's malpractice-specific rules: including MICRA's damage structure and a mandatory 90-day pre-filing notice requirement under Code of Civil Procedure Section 364
• Sophisticated defense: hospitals and medical malpractice insurers typically mount a well-resourced defense

Robert Mansour brings a unique perspective: he spent years working as a defense attorney for a major insurance company before representing injury victims, which helps clients understand how these claims are evaluated and defended from the other side.

Common Birth Injuries

• Cerebral palsy: a brain injury affecting movement, muscle tone, and coordination
• Erb's palsy / brachial plexus injury: nerve damage affecting arm and hand function, often associated with shoulder dystocia during delivery
• Hypoxic-ischemic encephalopathy (HIE): brain damage caused by oxygen deprivation during labor or delivery
• Skull fractures and intracranial bleeding: trauma during delivery causing head injury
• Shoulder dystocia: the baby's shoulder becomes stuck during delivery, which can cause nerve or muscle damage
• Umbilical cord complications: the cord becomes wrapped around the neck or prolapses, cutting off oxygen supply

What Compensation May Be Available
The value of a birth injury claim depends entirely on the specific facts of the case — the nature and severity of the injury, the strength of the evidence, and the long-term care needs involved. We don't provide settlement estimates or predicted outcomes on this website, since every case is different and any such figures would be misleading without a full case evaluation. A claim may account for:

• Past and future medical expenses (hospital bills, surgeries, therapy, medications)
• Rehabilitation costs (physical, occupational, and speech therapy)
• Lost wages for parents providing care
• Pain and suffering, for both the child and, where applicable, the family
• Lifelong care costs for permanent disabilities
• Loss of future earning capacity

California's MICRA Damage Structure
Birth injury claims are subject to the Medical Injury Compensation Reform Act (MICRA), which caps non-economic damages (pain and suffering) in medical malpractice cases. As of January 1, 2026, under the annual increase schedule established by Assembly Bill 35, the non-economic damages cap is $470,000 for non-death cases and $650,000 for wrongful death cases. These caps are scheduled to continue increasing annually through 2033. Importantly, economic damages — including past and future medical expenses and lifetime care costs — are not capped under MICRA, which is often where the largest portion of a serious birth injury case's value comes from.

California's Statute of Limitations for Birth Injury Claims
Birth injury claims are governed by California's medical malpractice statute of limitations under Code of Civil Procedure Section 340.5, which sets different rules for minors than for adults:

• For a minor under the full age of six at the time of injury (which covers virtually every birth injury case): the claim must be filed within three years of the injury, or before the child's eighth birthday — whichever period is longer. In practice, for a newborn, this almost always means the family has until the child's eighth birthday, since three years from birth would expire well before then.
• For a minor six or older at the time of injury: the claim must generally be filed within three years of the wrongful act.
• A mandatory 90-day pre-filing notice must generally be served on each healthcare provider before a lawsuit is filed, under Code of Civil Procedure Section 364.

These deadlines are strict, and exceptions are limited, so it's important to consult an attorney as early as possible rather than waiting.

Hospitals and Providers in the Santa Clarita Area
Birth injuries can occur at any hospital or birthing facility, including those serving the Santa Clarita Valley and greater Los Angeles area. If your child was harmed during birth at a local hospital or elsewhere, it's worth having your case evaluated regardless of where the delivery took place.

Frequently Asked Questions

What qualifies as medical malpractice in a birth injury case?

Medical malpractice occurs when a healthcare provider's care falls below the accepted standard, causing injury to the mother or baby. Examples include failing to monitor fetal distress, delaying a necessary C-section, or misusing delivery instruments.

How long do we have to file a birth injury claim in California?

For a child under six at the time of injury, which covers nearly all birth injury cases, the deadline is three years from the injury or the child's eighth birthday, whichever period is longer — in practice, usually the eighth birthday. A mandatory 90-day pre-filing notice to healthcare providers is also required before filing suit.

Are damages capped in a birth injury case?

Non-economic damages (pain and suffering) are capped under MICRA — as of 2026, $470,000 for non-death cases and $650,000 for wrongful death cases, with the cap increasing annually. Economic damages, including medical expenses and lifetime care costs, are not capped.

Can I file a claim if my child is already receiving treatment?

Yes. Even if your child is currently receiving treatment, you may still have a valid claim, and both past and future medical expenses are generally recoverable.

What evidence is important in a birth injury case?

Key evidence typically includes medical records from pregnancy through delivery, birth records, neonatal ICU records, expert medical testimony on the standard of care, and documentation of the child's ongoing care needs.

Talk to a Santa Clarita Birth Injury Attorney Today
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If your child was harmed during birth, your family has rights worth understanding. Contact the Law Office of Robert M. Mansour to evaluate your case and get honest, straightforward guidance. He serves the entire Santa Clarita Valley including Valencia, Canyon Country, Saugus, Newhall, Castaic, Stevenson Ranch, and surrounding communities. Call Santa Clarita personal injury attorney Robert Mansour at (661) 414-7100 for a free consultation and evaluation of your case.  You can also fill out our Free Case Evaluation form.

Advice from a former insurance company lawyer.

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