Natividad Medical Center Birth Injury Lawyers

Natividad Medical Center is the county hospital at 1441 Constitution Boulevard in Salinas, in Monterey County, California. According to the hospital's 2024 report to the state (HCAI), its newborn nursery cared for 1,959 babies that year, and it is licensed for 15 intensive-care newborn (NICU) beds. For many families in Salinas and the Salinas Valley, it is the place where their baby was born.

This page is for parents and guardians who delivered at Natividad and now have questions about their child's health after labor and delivery. Maybe your child has a diagnosis such as cerebral palsy, or an arm that does not move the way the other one does, or a NICU stay that no one fully explained. Most births in California go well, and nothing on this page says anything about the care given at any particular birth or at any hospital. Our goal is simply to explain the medical terms, the records and the legal timeline in plain words, so you can decide what to do.

Beverly Law reviews birth-injury questions for families. A first conversation is a chance to ask questions, and it is not a commitment to anything. Because California sets strict deadlines, and because a public hospital has its own, shorter claim process, we encourage families to ask early rather than wait. Everything here is general information. It is not medical or legal advice about your child, and it cannot replace your child's doctors.

Labor and delivery at Natividad Medical Center in Salinas

Natividad is a county hospital, owned and operated by the County of Monterey. Its own website describes labor and delivery care built around the family. The hospital's labor and delivery page says each delivery is attended by a doctor, a labor nurse and a baby nurse, and that the unit has private labor, delivery and recovery rooms. It also says an obstetrician and anesthesia coverage are in the hospital around the clock, including for epidurals and emergency cesarean deliveries. Other pages on the hospital's site describe midwifery options, doula options, induction, pain-management options and vaginal birth after cesarean (VBAC), plus a Mother Infant Unit for the days after birth.

Babies who need extra care can be treated in the hospital's neonatal intensive care unit, or NICU. The hospital's NICU page describes a Level III unit that is certified by California Children's Services, with neonatologists who work with UCSF and neonatal nurse practitioners in the hospital 24 hours a day. According to the hospital's 2024 report to the state (HCAI), the hospital is licensed for 15 intensive-care newborn beds, and there were 246 NICU discharges in 2024.

As a county hospital, Natividad is part of the public health care network of Monterey County. That matters to a family for one practical reason. A public hospital is a government entity, and a different claim process with shorter time limits can apply, which we explain further down this page. This section only describes what the hospital says it offers. It is not a statement about the care in any one birth.

Birth injuries families ask about after a difficult delivery

Hypoxic-ischemic encephalopathy, usually called HIE, is injury to a baby's brain from too little oxygen and blood flow around the time of birth. Babies with moderate or severe HIE are often treated with therapeutic cooling in a NICU, which doctors generally try to start within the first six hours of life. An NICHD Neonatal Research Network trial published in JAMA in 2017 looked at starting cooling between 6 and 24 hours after birth and concluded it may have benefit, but with uncertainty. Babies who need cooling are sometimes moved to a hospital with a higher level of newborn care.

Cerebral palsy, or CP, is a group of disorders that affect movement, balance and posture. The CDC calls it the most common motor disability in childhood. The CDC explains that 85 to 90 percent of cases are congenital, meaning they begin before or during birth, that often no specific cause is found, and that loss of oxygen during birth now appears to explain only a small number of cases. CP does not get worse over time, but a child's needs can change as they grow, which is why early therapy and a clear diagnosis matter.

Brachial plexus birth palsy, which includes Erb's palsy, is a stretch injury to the nerves that run from the neck into the arm. According to the American Academy of Orthopaedic Surgeons (OrthoInfo), most infants recover movement and feeling in the arm, but nerves heal slowly, sometimes over up to two years, and a nerve that is torn apart will not heal on its own. Physical therapy is central, and surgery is considered when a baby is not recovering.

Families also ask about bleeding in the newborn brain, skull fractures, collarbone (clavicle) fractures, and infections such as Group B strep (GBS). The CDC lists fever, trouble feeding, irritability or limpness, trouble breathing and bluish skin color as signs of GBS disease in a newborn, and notes that most babies with early GBS disease show symptoms on the day of birth. Mothers can be hurt too, for example by heavy bleeding after birth (hemorrhage), deep tears or infection. Some of these conditions happen even when everyone does everything right. Whether a particular outcome could have been avoided is a question for a medical expert who reads the records, not something anyone can answer from a diagnosis name alone.

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

In the first days, tell the nurses or your baby's doctor right away if your baby has trouble breathing, a weak or missing cry, seizures (jerking movements, staring spells, lip smacking), poor feeding, unusual sleepiness or being very hard to wake, a body that seems very floppy or very stiff, a low temperature, a fever, or an arm or leg that is held still. Bluish skin or pauses in breathing are emergencies: call 911.

In the first months, the CDC describes signs of cerebral palsy such as head lag when the baby is pulled up from lying on the back, stiffness or floppiness, arching of the back and neck, and stiff, crossing legs when the baby is picked up. After about six months, not rolling over, trouble bringing the hands together or to the mouth, and reaching with only one hand are signs to mention. Around ten months, lopsided crawling, or scooting without crawling on all fours, is another. A missed milestone does not by itself mean a child has CP, since some children without CP show these signs too. A developmental evaluation is how this is sorted out, so bring your concerns to your pediatrician without waiting.

Who may be responsible in a birth injury claim

A birth-injury claim is not always about one person. Many people take part in a labor and delivery: nurses and other hospital staff, the obstetrician, a midwife, an anesthesiologist, a neonatologist or pediatrician who sees the baby after birth, and sometimes a medical group that arranges coverage. Depending on the facts, any of them may be part of a review. A claim only goes forward against someone when a qualified expert believes the care fell below accepted standards and that this caused the injury.

An important question is who employed each person. Nurses and staff are often employees of the hospital. Many physicians, however, are independent doctors or belong to a separate medical group, even when they work inside the hospital. Anesthesia and newborn specialists are sometimes arranged through contracts. This affects which people and entities may be named, which insurance applies and, at a public hospital, which deadlines apply. It is something to sort out from the records, not something to guess.

How an independent expert review of a delivery works

An independent expert review means doctors who have no connection to the hospital read the records and say, in plain terms, what happened and why. In a birth case that often includes an obstetrician, a neonatologist and, when the question is the child's brain, a pediatric neurologist or neuroradiologist. The reviewers look at the whole story from prenatal visits through the NICU, not just the minutes around the birth.

Several records matter most. The fetal heart monitoring strips show the baby's heart rate and the mother's contractions during labor. Apgar scores rate the baby's condition at one and five minutes after birth. Umbilical cord blood gases measure acid and oxygen levels in the cord blood. Labor and delivery nursing notes, medication and anesthesia records, delivery notes, NICU notes, lab results, and imaging such as brain MRI, head ultrasound and EEG fill in the rest. Pathology on the placenta, if it was kept, can also help explain the cause.

Experts ask two questions. First, did the care meet the accepted standard? Second, if not, did that actually cause the child's injury? The second question is often the hard one, because many brain injuries begin before labor or have causes no one could have prevented. An honest review can end with the answer that a claim is not supported. That is still valuable, because it gives the family clear information about what happened.

What to do now after a birth injury: step by step

Second, write down what you remember while it is fresh: the date and time labor started, when you arrived at the hospital, what you were told, who you spoke with, how long things took, and what happened to the baby in the first hours. Keep discharge papers, bills, insurance letters and the names of clinics. Then request the records. The hospital records section below explains how to ask Natividad, and asking is free of risk, because it does not start any dispute. Avoid posting about the delivery on social media, and read anything an insurer or hospital sends you before you sign it.

Third, do not wait on the deadlines. California has strict time limits for birth-injury cases, parents' own claims can have shorter deadlines than the child's, and claims against a public hospital start with a written claim that has its own six-month window. A free or low-pressure first conversation with a lawyer can tell you which deadlines apply to your situation. Finally, ask about early intervention services for your baby right away, which does not depend on any legal case.

Support for your child while a case is reviewed

Your child can get help now, whatever happens with a legal review. In California, babies and toddlers under three who have, or are at risk for, a developmental delay can be evaluated for the Early Start program through their regional center. Early Start services can include physical, occupational and speech therapy and family support, and they are free to eligible families. Starting early matters, because a young child's brain and body respond well to therapy.

Health coverage can also help. Medi-Cal covers many medical visits, therapies and equipment for eligible children. California Children's Services (CCS) is a state program for children with certain serious medical conditions, and the hospital's NICU page notes that its NICU is CCS certified. Whether your child qualifies depends on the condition and your family's situation, so ask the hospital's social worker or your pediatrician to help you apply. From age three, the school district can evaluate a child for special education services.

Natividad Medical Center is a public hospital: the six-month claim comes first

Because Natividad Medical Center is a county / public hospital (operated by County of Monterey), a claim for an injury at birth usually has to start with a written government claim, not a lawsuit. This is the single most important deadline on this page.

Many California babies are born at county hospitals, such as LAC+USC, Harbor-UCLA, Olive View-UCLA, Riverside University Health System and Arrowhead Regional, or at public health care district hospitals. These are public entities, and the Government Claims Act applies. Under Government Code § 911.2, a written claim for injury or death must be presented to the public entity within six months of the injury, before any lawsuit. If the claim is rejected in writing, Government Code § 945.6 gives six months from that notice to file suit. The child’s longer deadline under Code of Civil Procedure § 340.5 does not replace this six-month claim, so families with a county or district hospital birth should act right away. University of California hospitals, such as UC Irvine, UC San Diego, UC Davis and UCLA, are different: Government Code § 905.6 exempts claims against the Regents from this six-month claim, so the regular deadline under Code of Civil Procedure § 340.5 applies.

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.

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 Natividad Medical Center

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 get your baby's or your own delivery records from Natividad, contact the hospital's Health Information Management Department at 1441 Constitution Boulevard, Building 580, Salinas, CA 93906. The hospital's medical records page says to send a signed authorization for release of health information along with a copy of a valid photo ID. There is an online authorization form on that page. You can also email NMC-HIMROI@natividad.com or call 831-783-2415 (fax 831-796-1661). The office is open Monday through Friday, 8:00 am to 4:00 pm, and the hospital says copies are typically processed within 5 to 15 days after it confirms the authorization and ID. For a birth injury, ask specifically for the labor and delivery chart, the fetal heart monitoring strips, the newborn and NICU records, and the baby's records as well as your own. The MyNatividad patient portal can also show part of your health information.

The hospital’s medical records page →

Where a case from Salinas would be filed

A civil birth-injury lawsuit in Monterey County is filed in the Superior Court of California, County of Monterey. The court's January 2026 local rules assign unlimited civil cases to Departments 13-A, 14 or 15, and the court's locations page lists courtrooms 13 through 17 at the Monterey Courthouse, 1200 Aguajito Road, Monterey, CA 93940 (831-647-5800). The court's main clerk line is 831-775-5400 and its Salinas Courthouse is at 240 Church Street, Salinas. Because filing locations can change, a lawyer confirms with the clerk where a new case is filed. For a public hospital, a written claim to the public entity comes first, before any lawsuit.

Superior Court of California, County of Monterey (Monterey Courthouse) → — 1200 Aguajito Road, Monterey, CA 93940

Help for your child now: Early Start in Monterey County

Early Start is California's early intervention program for babies and toddlers under age 3 who have a developmental delay or a condition that puts them at risk. For Salinas and Monterey County, it is run through San Andreas Regional Center, which the Department of Developmental Services lists as the regional center for Monterey County. To ask for an evaluation, call the Monterey County Early Start intake line at 831-443-1279 or visit sanandreasregional.org. You do not need a diagnosis and you do not need to wait for a doctor's referral, and a parent can make the call. Say that you are worried about your baby's development and that your child had a difficult birth or NICU stay.

San Andreas Regional Center →

Key facts

Questions parents ask

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 Natividad Medical Center or County of Monterey. 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.