Community Hospital of San Bernardino Birth Injury Lawyers

This page is for parents, grandparents and caregivers whose baby was born at Community Hospital of San Bernardino, at 1805 Medical Center Drive in San Bernardino, San Bernardino County. Maybe the delivery was long or frightening, your baby needed the NICU, or a doctor has since told you about a diagnosis such as cerebral palsy, a nerve injury in the arm or a brain injury from low oxygen. You may simply want to understand what happened and what your options are.

Everything here is general information. Nothing on this page says that anyone at the hospital did anything wrong, and a hard outcome does not by itself mean that care fell short. Many serious newborn conditions happen even when everyone does everything right. The aim is to help you ask good questions, gather the right papers and understand how an independent review of a delivery works.

Below you will find what the hospital itself says about its birth center, plain explanations of common birth injuries with medical sources, warning signs to watch for, who may be involved in a claim, how to get your records, and where to find early help for your child. Short sections on California's deadlines, the records law and the courts follow. This page is not legal advice, and reading it does not create an attorney-client relationship.

Labor and delivery at Community Hospital of San Bernardino

Community Hospital of San Bernardino is a nonprofit hospital at 1805 Medical Center Drive in San Bernardino. It is part of CommonSpirit Health, and the system's pages list it as Dignity Health – Community Hospital of San Bernardino. According to the hospital's own Family Birth Center page, the unit offers maternity care before, during and after delivery, private labor and delivery suites, vaginal and cesarean birth, couplet care so babies can stay with their mothers, round-the-clock care, breastfeeding support, childbirth classes and tours, and care for high-risk pregnancies.

According to the hospital's 2024 report to the state (HCAI), its newborn nursery cared for 1,366 babies in 2024. The same report lists 9 licensed intensive-care newborn (NICU) beds and 135 NICU discharges for 2024. The hospital's own page describes a Level II NICU for babies who need extra support. If you want to know what that level of care meant for your baby, the NICU records and the care team can tell you more.

The hospital serves families from the city of San Bernardino and the surrounding county. Whatever your experience was, you have the right to ask questions about it and to have your baby's records explained. The rest of this page is general information to help you do that, and it is not a statement about any particular delivery.

Birth injuries families ask about after a difficult delivery

Hypoxic-ischemic encephalopathy, or HIE, is brain injury from too little oxygen or blood flow around the time of birth. A Cochrane review of cooling trials found that cooling a baby's body, started within six hours of birth, reduces the risk of death without increasing major disability in survivors who are born at or near term with moderate-to-severe HIE. Because the window is short, doctors look for the condition quickly, and the NICU chart usually records what was seen and when.

Cerebral palsy is a group of conditions that affect movement and posture because of abnormal development of, or damage to, the developing brain. The CDC explains that most cases are congenital, meaning the brain was affected before, during or shortly after birth, and that premature birth and multiple births are among the main risk factors. A cerebral palsy diagnosis does not by itself tell you why it happened. That question is often answered only by reviewing the records and the imaging.

Erb's palsy, also called brachial plexus birth injury, happens when the nerves running from the neck to the arm are stretched during delivery. Medical references describe a baby holding the arm limp at the side, often with the elbow straight, and note that many babies recover with therapy while more severe cases may need surgery. Families also ask about newborn brain bleeds, skull or collarbone fractures, infections such as group B strep, and maternal injuries such as heavy bleeding after birth. Each of these has many possible causes and needs a doctor's evaluation. None of this is a statement about this hospital.

Warning signs of a birth injury in the first days, weeks and months

In the first hours and days, signs doctors ask parents to report include trouble breathing, a weak or unusual cry, seizures or jerking movements, a baby who is very floppy or very stiff, unusual sleepiness, poor feeding, fever, a bluish color, or one arm or leg that is not moving like the other. Group B strep infection can show up as fussiness, unusual sleepiness, breathing trouble or fever, in the first week and sometimes weeks later, according to children's hospital health libraries.

In the first weeks and months, watch for trouble feeding or swallowing, stiff or tight muscles, a baby who always favors one side, arms or legs that seem weak, no response to sounds or faces, or missing milestones such as holding up the head or smiling. Some effects, such as those of cerebral palsy, may not be clear for months or even a couple of years, which is why follow-up visits matter.

A sign on this list does not prove an injury, and many babies with these signs turn out to be fine. Still, if something worries you, tell your pediatrician and say so again if the worry continues. Write down dates, symptoms and what each doctor said. Those notes are valuable later, whether you are getting medical care or asking for a review of the delivery.

Who may be responsible in a birth-injury claim

In a delivery, many people may be involved: labor and delivery nurses, the obstetrician, a certified nurse midwife, an anesthesiologist, a neonatologist or pediatrician, and the staff who read and respond to the baby's heart rate. Whether any of them may be responsible in a given case depends on the facts, and a review is how those facts are sorted out. This section describes who can be part of a claim in general, not who was at your delivery.

One question families often miss is who employed the doctor. Hospital nurses and staff are usually employees of the hospital or its health system. Many physicians, however, work for independent medical groups or run their own practices, and are not hospital employees even if they deliver babies at the hospital. In some claims the hospital may be responsible for its own staff, and a separate doctor or medical group may be responsible for the physician's decisions. Sometimes both are involved.

Because the answer turns on who worked for whom, and on what the chart shows, it is not something to guess at. Ask for the complete records, including the names on the delivery summary and the consent forms. A lawyer or reviewing expert can then work out which providers, if any, should be notified. As the legal paragraphs below explain, California has strict deadlines and a required written notice before a medical case can be filed.

How an independent expert review of a delivery works

An independent review starts with records. The reviewer, usually a physician with experience in obstetrics, neonatology or pediatric neurology, reads the prenatal chart, the labor and delivery record, the baby's NICU notes, and later medical records. The reviewer is independent of the hospital and of the family, and is asked one question: did the care meet the standard expected of a careful provider in the same situation?

Several documents carry special weight. Fetal heart monitoring strips show the baby's heart rate and the mother's contractions through labor. Apgar scores, given at one and five minutes of life, give a quick snapshot of how the baby was doing. Umbilical cord blood gases measure acidity in the blood at birth. Brain MRI and other imaging after birth may show the pattern and timing of an injury. NICU notes record the baby's condition, treatments and any cooling therapy.

The review may take weeks or months, depending on how fast records arrive. It may conclude that the care was appropriate and that the outcome had other causes. That is useful information too, because many families find peace in knowing. Or it may identify concerns that deserve a formal claim. Either way, the family decides what to do next with the information.

What to do now: step by step

First, take care of your child. Keep every pediatric, neurology and therapy appointment, and ask the doctors to explain the diagnosis in plain words. Second, start a folder with every paper you have: discharge summaries, test results, bills, insurance letters, and photos or videos of your baby's early weeks. Write a short timeline in your own words while the details are fresh.

Third, request the complete records of the delivery and of the baby's stay, and ask for the fetal monitoring strips and the cord blood gas results by name. Request the mother's and the baby's records separately, since they are separate charts. Fourth, do not post about your case on social media, and avoid signing releases or settlement papers from any insurer until you understand them.

Fifth, talk with a lawyer early, even if you are not sure you want to file anything. California sets strict deadlines for children and for parents, and different rules for public hospitals and Kaiser members, so waiting can close doors. A first call costs nothing at Beverly Law, and we will tell you honestly whether a review makes sense. Sixth, line up early help for your child, described next, whether or not a case ever follows.

Support while the case is reviewed: therapies, Early Start and Medi-Cal

A child's care should not wait for a legal question to be answered. Physical, occupational and speech therapy are often prescribed for babies with cerebral palsy, nerve injuries or brain injury, and the earlier they start, the more they may help. Ask your pediatrician for referrals, and ask whether a pediatric neurologist, orthopedic specialist or feeding specialist should be involved.

For babies under three, California's Early Start program provides evaluations and services for infants with delays or conditions that may cause delays. Inland Regional Center serves San Bernardino County. Families do not need a lawyer, a diagnosis or a court case to ask for an evaluation.

Families with Medi-Cal may also ask about California Children's Services (CCS), a state program for children with certain serious medical conditions, and about in-home supportive services. Eligibility depends on income and on the child's diagnosis, so ask your county or your child's doctor. None of these programs is a promise of coverage, but they are worth asking about early.

Deadlines for a birth-injury case in California

California gives a child’s birth-injury case its own deadline. Under Code of Civil Procedure § 340.5, a minor must sue within three years of the wrongful act, but a child who was under six when it happened has until his or her eighth birthday if that is longer. For a baby hurt during labor or delivery, that usually means the eighth birthday. The clock runs from the act itself, not from the day the family learned what went wrong, and it is paused only in narrow cases of fraud or collusion. Parents’ own claims, and claims against a public hospital, can have much shorter deadlines, so it is safer to get advice early.

Before a medical malpractice lawsuit can be filed in California, the doctor or hospital must get written warning. Under Code of Civil Procedure § 364, the health care provider must receive at least 90 days’ notice of the intention to sue. No special form is required, but the notice must state the legal basis of the claim, the type of loss and the specific injuries suffered. Under § 364(d), if the notice is served within the last 90 days of the filing deadline, the deadline is extended 90 days from the date of service. The notice is a required step, and it is often the moment a case moves from questions to formal action.

What MICRA caps — and what it does not

California’s MICRA law limits one part of a medical malpractice recovery. Under Civil Code § 3333.2, as amended by AB 35, non-economic damages (pain, suffering, loss of enjoyment of life) are capped. In 2026 the cap is $470,000 for injury and $650,000 for wrongful death, and it rises every January 1 ($40,000 and $50,000 a year until 2033, then 2% a year). Separate caps can apply to doctors, hospitals and unaffiliated providers. Economic damages are not capped: lifetime medical care, therapy, equipment, home modifications and lost earning capacity can be recovered in full, and in a birth-injury case they are usually the largest part of the claim.

How to get the delivery records from Community Hospital

California law gives families a right to these records. Under Health and Safety Code § 123110, a patient or the patient’s personal representative — for a baby, a parent or guardian (§ 123105) — may inspect the records within five working days of a written request and is entitled to a paper or electronic copy, which the provider must send within 15 days after receiving a request that says which records are wanted. For a birth-injury review, ask for both charts: the mother’s labor and delivery record, including the fetal heart rate monitoring strips, and the baby’s newborn and NICU record.

To request your own or your baby's records from Community Hospital of San Bernardino, contact the hospital's Health Information Management (medical records) department at 1805 Medical Center Drive, San Bernardino, CA 92411. The hospital's records page, posted through CommonSpirit Health, asks you to download and complete a Patient Access Request Form (available in English and Spanish) and to send it by mail or bring it in person. It lists a records phone line of (909) 806-1555 and a fax of (909) 806-1063, with weekday business hours, so call first to confirm the current process. Ask for the complete delivery record, the fetal monitoring strips, the cord blood gas results and the baby's NICU chart, and ask for the mother's and the baby's charts separately.

The hospital’s medical records page →

Where a case from San Bernardino would be filed

A medical-injury case from San Bernardino County is usually filed in the Superior Court of California, County of San Bernardino. The court lists its Civil Division for the San Bernardino District at 247 West Third Street, San Bernardino, CA 92415. Where a case is filed can depend on where the care took place and where the defendants are located, so the court clerk or a lawyer should confirm the right courthouse before anything is filed.

Superior Court of California, County of San Bernardino – Civil Division, San Bernardino District → — 247 West Third Street, San Bernardino, CA 92415

Help for your child now: Early Start in San Bernardino County

Early Start is California's early intervention program for babies and toddlers under age 3 who have delays or conditions that may lead to delays. In San Bernardino County it is run through Inland Regional Center, which the California Department of Developmental Services lists as serving Riverside and San Bernardino counties. Its San Bernardino office is at 1365 S. Waterman Avenue, San Bernardino, CA 92408, main phone (909) 890-3000. Any parent, doctor or caregiver can ask for an evaluation, and you do not need a diagnosis or a lawyer. Call and say that you want an Early Start evaluation for your baby, and ask the NICU social worker or your pediatrician to send a referral too.

Inland Regional Center →

Key facts

Questions parents ask

Other San Bernardino County hospitals we cover

Kaiser Permanente Fontana · Loma Linda Children’s Hospital · Kaiser Permanente Ontario Medical Center · Arrowhead Regional Medical Center · San Antonio Regional Hospital · San Bernardino birth injury lawyers →

Related pages

Cerebral Palsy · Erb’s Palsy / Brachial Plexus Injury · HIE / Oxygen Deprivation at Birth · Statute of Limitations · MICRA Damages Cap · All California hospitals · California birth injury lawyers · Birth injury guides

Beverly Law is an independent law firm. We are not affiliated with, endorsed by or speaking for Community Hospital of San Bernardino or CommonSpirit Health (Dignity Health). Hospital facts on this page come from the public sources listed above.

Important: This page is general information about birth injuries and California law, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Every case is different — talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. No fees or costs unless we win. Last reviewed: 2026-09-18.