California Birth Injury Lawyers

More than 400,000 babies are born in California every year, most of them safely. When something goes wrong in the delivery room — a fetal monitor that was not watched, a C-section that came too late, a baby pulled too hard — the injury can last a lifetime, and California law gives the family a way to hold the hospital accountable.

This guide explains the injuries we see most, the deadlines that apply to a child’s case, how the MICRA cap works, and what to ask the hospital for. Every page is general information; the honest answer for your family comes from a free review of the actual delivery records.

Birth injuries we handle

Deadline to file 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.

Many California babies are born at county or University of California hospitals: LAC+USC, Harbor-UCLA, Olive View-UCLA, Riverside University Health System, Arrowhead Regional, UC Irvine, UC San Diego, UC Davis and others. 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 public-hospital birth should act right away.

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.

Cities we serve

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 fee unless we win. Last reviewed: 2026-09-18.