SAN DIEGO
BIRTH INJURY ATTORNEYS

Birth injuries are relatively common and have profound implications for both children and their families. According to one study in The Journal of Pediatrics, “Scalp injuries composed 80% of all birth traumas and increased yearly from 19.87 to 26.46 per 1000 hospital births. Major birth trauma decreased from 5.44 to 4.67 per 1000 hospital births due to decreased clavicular fractures, brachial plexus injuries, and intracranial hemorrhage.” These injuries can affect a child’s physical, emotional, and cognitive development.
In order for parents and children to get the best outcome possible after a birth injury, it is important that they seek legal support early on. Among other things, an attorney can help you secure the financial and medical support that your child will need to reach their full potential. The San Diego birth injury lawyers at Samer Habbas & Associates are here to support you. We can investigate the unique facts of your case free of cost and let you know if you have a claim that can be pursued. You can reach us anytime for a risk-free consultation at (949) 727-9300.
What are Birth Injuries?
Birth injuries are physical injuries that a newborn sustains during the process of childbirth. These are distinguished from birth defects, which may be the result of genetic anomalies or trauma during a woman’s pregnancy. There are a number of common birth injuries that may occur.
- Cerebral Palsy: This is a condition that is caused by brain damage and can affect a child’s motor skills as well as muscle coordination.
- Brachial Plexus Injuries (Erb’s Palsy): This is a condition caused by damage to the network of nerves that regulate movement in a person’s arm and hand. It can lead to weakness and even potentially paralysis.
- Hypoxic-Ischemic Encephalopathy (HIE): This is a condition caused by a lack of oxygen to a newborn’s brain. It may result in serious and permanent neurological damage.
- Skull Fractures or Head Trauma: A newborn’s head is extremely delicate by nature. Doctors and nurses could cause serious head trauma if they improperly use birth instruments. This may include applying excessive force with forceps during delivery.
These injuries tend to be the result of preventable errors during childbirth. For example, doctors may delay performing a C-section, fail to adequately monitor the mother, or misuse medical equipment.
The Impact of Birth Injuries
The effects of birth injury can be far-reaching and impact both the victim and their family for years or decades.
- Emotional Distress: Learning that your child has been affected by a birth injury can be overwhelming and cause serious emotional distress and anxiety about your child’s future.
- Financial Strain: The cost of caring for a child with a serious birth injury can be enormous. Medical costs will usually include long-term care, therapy, and adaptive equipment. The Centers for Disease Control has estimated that the lifetime costs associated with treating common birth injuries is over $1,000,000.
- Developmental Challenges: It is common for birth injuries to result in a child having a lifelong disability. This can impact their ability to learn, become employed, and their overall quality of life.
Much of the impact of a birth injury may not be immediately obvious. In many situations, a child’s condition can worsen after the initial trauma.
How A Birth Injury Attorney Can Help?
Working with an experienced San Diego birth injury attorney can make all the difference in terms of having a positive outcome for a civil case. Here are just a few of the functions that an attorney can assist with.
- Investigation: An attorney can collect and analyze medical records to identify potential cases of negligence and all possibly liable parties. They can also hire experts within the medical field to build a compelling case.
- Negotiation: One of the key functions of a birth injury lawyer is to negotiate with insurance companies in order to obtain a fair settlement. Attorneys are aware of the tricks and tactics used by insurance providers to avoid paying fair amounts.
- Litigation: If a hospital and insurance provider fail to offer a fair settlement, an attorney can take the case to court and present it to a jury.
- Seeking Compensation: An attorney can create a comprehensive demand for all of the compensation that a family or child is owed. This will typically include money for current and future medical expenses, pain and suffering, and lost income due to caregiving for an injured child.
There are no costs associated with hiring a birth injury lawyer. Instead, they only get paid by the opposing party if they are able to successfully resolve your case.
Why Choose Samer Habbas & Associates?
At Samer Habbas & Associates, we put clients needs first and will fight aggressively to make sure that they are treated fairly. There are several reasons that you should hire us for your birth injury claim.
- Extensive Experience: Our attorneys have decades of experience handling medical malpractice and personal injury claims. We use this experience to make sure that every case is given the proper care in order to achieve a successful outcome.
- Proven Results: We have a proven track record of securing compensation for birth injury claims. In all, we have secured over $350,000,000 for our deserving clients.
Compassionate Representation: Our law firm takes a client-focused approach that prioritizes the needs of impacted children and families. - Comprehensive Resources: Samer Habbas & Associates is proud to work with the foremost medical experts and legal scholars in the fields of birth injury and medical malpractice. We use these experts and our extensive financial resources to help build the strongest cases possible.
When you are our client, you can rest assured that your case is being handled by compassionate and experienced professionals. But don’t simply take our word for it. Feel free to read any of our dozens of five-star reviews by people who trusted us to handle their claims.
Steps to Take If You Suspect a Birth Injury
If you suspect that your child has sustained a birth injury, it is crucial to take certain steps as quickly as possible.
- Seek Medical Attention: Your first priority should always be to ensure that your child gets immediate medical care in order to address any possible injury. Many injuries can become progressively worse in the total absence of intervening care.
- Preserving Evidence: Gather all of the medical records related to any potential injury. It’s also a good idea to document all of the symptoms that your child has and related expenses.
- Consult an Attorney: Speak with an experienced birth injury lawyer as soon as possible. They can evaluate the unique facts of your case and let you know if any injury was the result of medical negligence.
Hospitals and insurance providers will often do everything in their power to deny liability if they injured a newborn during childbirth. Legal oversight is essential for holding these institutions accountable for their misconduct.
Contact Samer Habbas & Associates Today

There is a tremendous peace of mind that comes with having a skilled San Diego birth injury attorney handle your case. They do all of the work so that you can focus on taking care of your family. There is no need to face hospitals and insurance providers alone if your child has been injured.
If your child has sustained a birth injury, you may be entitled to compensation. The San Diego birth injury lawyers at Samer Habbas & Associates can help guide you through this difficult period. Our legal team will leave no stone unturned when it comes to holding all responsible parties accountable. Though most cases settle out of court, we are prepared to take every case to trial if that is what it takes to get you the best outcome. Whether you just have legal questions or are thinking about hiring an attorney, we are here to serve your needs. You can reach out to us anytime at (949) 727-9300.
Frequently Asked Questions
What is the statute of limitations for birth injury claims in California?
In California, the typical statute of limitations for parents to pursue a claim is three years from the date of the injury or 1 year from the time the injury was discovered or should have reasonably been uncovered. With respect to minors, the statute of limitations extends to their 8th birthday. But there are certain exceptions that may apply to any particular case.
How much compensation can I expect from a birth injury case?
No two cases are completely the same. Compensation can vary greatly between two different claims. But one of the most significant factors affecting compensation is the extent of the injuries and the related costs for medical care.
How much does it cost to hire a birth injury lawyer?
There are no up-front costs to hire a birth injury lawyer, and they only get paid by the opposing party if they are able to successfully resolve your case.
Will my case go to trial?
The vast majority of cases get settled before going to trial. But if the opposing party is not willing to offer a fair settlement for your case, we will absolutely be prepared to take your case to trial.
How long does a birth injury claim take to resolve?
It is important to understand that every case is different. Some cases may settle within a few months. But this is certainly not always what happens. Given all of the appeals and court dates, some cases may take several months or even several years to resolve.










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