Adventist Health Bakersfield Birth Injury Lawyers

This page is for families who delivered a baby at Adventist Health Bakersfield, at 2615 Chester Avenue in Bakersfield, Kern County, and who now have questions about a difficult birth, a newborn who needed intensive care, or a child whose development worries them. If you are a parent, a grandparent or a guardian trying to understand what happened, you are in the right place.

We wrote this guide in a neutral way. Most births at any hospital go well, and nothing here says that anything went wrong at Adventist Health Bakersfield. Our goal is simpler: to explain, in plain words, what birth injuries are, what warning signs to watch for, how an independent medical review of a delivery works, and what steps a family can take to protect its options while it looks for answers.

Birth-injury questions often come months or years after the delivery, when a child misses milestones or a doctor mentions a diagnosis. Because California sets strict deadlines, learning your options early costs you nothing and can matter a great deal. Nothing on this page is legal advice for your situation, and reading it does not create an attorney-client relationship.

Labor and delivery at Adventist Health Bakersfield

Adventist Health Bakersfield is a general acute care hospital on Chester Avenue in Bakersfield. In its report to the state, the hospital is classified as a non-profit corporation, and its parent organization is listed as Adventist Health System West. The hospital's own maternity page describes a Birth Center with nine private birthing suites, two dedicated surgical suites for cesarean births, and 14 postpartum rooms, along with lactation support and childbirth classes. The page also states that the center has a neonatal intensive care unit.

The state's numbers give a sense of scale. According to the hospital's 2024 report to the state (HCAI, the Department of Health Care Access and Information), the hospital cared for 2,169 newborns in its newborn nursery in 2024. The same report lists nine licensed intensive-care newborn beds and 252 NICU discharges for that year. These figures describe volume only. They say nothing about the quality of any individual birth.

Many families in Kern County deliver here, including families from Bakersfield and the surrounding communities. If you have questions about services or visiting, the hospital's main number is 661-395-3000. The hospital's website does not state an official NICU level, so we do not assign one here; if the level matters to you, ask the hospital directly or check the state's California Children's Services information.

Birth injuries families ask about after a difficult delivery

Doctors use the term birth injury for harm to a baby or a mother connected to pregnancy, labor, delivery or the first days of life. Many of these conditions can happen even when everyone does everything right, which is why a careful medical review matters before anyone draws a conclusion. What follows is general medical information, not a statement about any hospital.

Hypoxic-ischemic encephalopathy (HIE) is brain injury in a newborn caused by too little oxygen or blood flow around the time of birth. A National Institutes of Health-supported study describes it as occurring in roughly 1.5 of every 1,000 live births, and notes that cooling treatment started within the first six hours of life has been shown in earlier trials to lower the risk of death or disability. Cerebral palsy is a group of movement and posture disorders. The CDC explains that most cerebral palsy begins before or during birth, that the cause is often unknown, and that lack of oxygen at birth is now thought to explain only a small number of cases. A cause is never assumed; it has to be examined.

Erb's palsy and other brachial plexus injuries involve the nerves that control the arm. The Hospital for Special Surgery explains that they most often happen when a baby's shoulder is stuck behind the mother's pelvis, a situation called shoulder dystocia, and that roughly two-thirds of children recover without surgery. Other conditions families ask about include bleeding in a newborn's brain, skull or collarbone fractures, infections such as group B strep (GBS), and maternal complications such as heavy bleeding after birth (hemorrhage). Each has its own causes, treatments and outlook, and each needs a doctor's evaluation.

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

In the first days, parents and nurses may notice a baby who is very floppy or very stiff, has trouble feeding or breathing, has seizures (rhythmic jerking, staring or lip smacking), is unusually hard to wake, or cries in a high-pitched way that does not settle. A baby who needs cooling treatment, breathing support or a transfer to intensive care deserves a clear explanation from the care team. It is reasonable to ask what happened, what tests were done and what the plan is.

In the first weeks, watch for one arm that moves much less than the other, a hand that stays fisted, a head that is tilted, poor sucking, or a baby who seems always irritable or always sleepy. A fracture of the collarbone may show up as swelling or pain when the baby is picked up. Fever, poor feeding and unusual sleepiness in a young baby can point to infection and need medical attention right away.

In the first months and years, the main sign of cerebral palsy, according to the CDC, is delay in reaching motor milestones such as rolling over, sitting, crawling, standing and walking. Under six months, a baby whose head lags when lifted, whose body feels stiff or floppy, or whose legs stiffen and cross may need an evaluation. The CDC also reminds parents that a sign alone does not confirm a diagnosis, and that you do not need a doctor's referral to ask your state's early intervention program for an evaluation. If something worries you, trust that instinct and ask.

Who may be responsible in a birth-injury claim?

A birth involves many people, and in a birth-injury claim more than one may have a role to review. Depending on the facts, that may include the obstetrician, a midwife, a nurse or other hospital staff who watched the baby's heart rate, an anesthesiologist, a neonatologist or pediatrician, and the medical group that employs them. Whether anyone is legally responsible is never assumed. It depends on what the records show and on what qualified experts say about the standard of care.

One of the first questions in any case is who employed the people involved. Some doctors are employees of a hospital or a medical group. Others are independent physicians who have privileges to treat patients at the hospital but run their own practice. If your obstetrician did not work for the hospital, that does not end the conversation: it simply changes who may need to be notified. Nurses and other hospital staff are often treated differently from independent doctors.

The type of hospital also matters for deadlines. According to the state data we reviewed, Adventist Health Bakersfield is operated by a non-profit corporation, so it is a private hospital rather than a county or University of California hospital. The very short six-month claim that applies to public hospitals is therefore not the usual rule here, but a doctor or group involved in your care could be different, and members of some health plans have special rules. A short consultation can sort this out.

How an independent expert review of a delivery works

Before a medical case can go forward, someone with the right training has to look at the medical facts. An independent review usually starts with the complete chart: the prenatal records, the labor and delivery notes, and the baby's records. Reviewers ask whether the care followed accepted standards and, separately, whether anything about the care actually caused the injury. Both questions must be answered, and sometimes the answer is that nothing could have been done differently.

Experts commonly study several kinds of records. Fetal heart monitoring strips show the baby's heart rate and the mother's contractions over time. Apgar scores, given at one and five minutes after birth, give a quick picture of how the baby was doing. Umbilical cord blood gases measure acidity and can suggest how much stress the baby was under. Brain MRI and other imaging, neonatal intensive care (NICU) notes, medication records and nursing notes help fill in the timeline. Obstetric, neonatal, nursing and pediatric neurology specialists may each be asked to weigh in.

This review takes time, and it is the step that turns worry into information. A family that has the records and an honest expert opinion can decide what to do with clear eyes, whether that means moving forward, continuing to monitor the child, or concentrating on treatment and support. Many families find the explanation itself valuable, even when no claim follows.

What to do now: a step-by-step plan for families

First, take care of your child. Keep every medical, therapy and developmental appointment, and write down what each specialist says. Second, start a simple folder: discharge papers, bills, insurance letters, photos, and a dated diary of symptoms and milestones. Do not post details about your child's care or your questions about the hospital on social media, because those posts can be misread later.

Third, request the records. You have the right to your baby's chart, and you should ask for both the mother's and the baby's records, including the fetal monitoring strips and the NICU notes if your baby stayed in intensive care. Fourth, talk to a birth-injury attorney early, even if you are unsure. A consultation does not commit you to anything, and many firms offer a free first conversation and take cases on contingency, meaning no fee unless there is a recovery. Ask about the cost before you agree.

Fifth, keep the deadlines in mind. California gives strict time limits, which are longer for a child's own claim than for a parent's claim, and a written warning must be sent to doctors and hospitals before a malpractice lawsuit is filed. Because some of these dates are measured from the delivery and not from the day you learned of a problem, waiting can close doors. Finally, be kind to yourself. A difficult birth is hard on a family, and asking questions is not a betrayal of anyone.

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

Support for your child does not have to wait for a legal answer. Physical, occupational and speech therapy can begin as soon as a doctor recommends them. For children under three, California's Early Start program offers evaluations and services for infants with developmental delays or at-risk conditions, through the regional centers, and the CDC notes that a doctor's referral is not required to ask for an evaluation.

Families with Medi-Cal may be able to receive medical care and therapy for their child, and California Children's Services (CCS) covers certain serious medical conditions for eligible children. Eligibility depends on income and on the condition, so ask your pediatrician or a hospital social worker how to apply. We cannot promise any particular service or outcome, but these programs exist to help families, and using them does not prevent you from asking questions about the birth.

Support is also emotional. Parent support groups, a trusted pediatrician, school or district special-education staff once your child is older, and your own doctor can all help. If you are overwhelmed, reaching out is a strength.

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 Adventist Health Bakersfield

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.

Adventist Health Bakersfield handles medical records requests through its Medical Records department at 2801 Chester Avenue, Bakersfield, CA 93301 (phone 661-869-6120, fax 661-327-3361), open Monday to Friday, 8 a.m. to 4:30 p.m.; the hospital asks you to call ahead before visiting. According to the hospital's website, you can use its online request form, or you can complete the Authorization to Release Medical Information (or the Patient Directed Request form) and send a scanned copy to MedRecords@ah.org or send it by fax or mail. The hospital says requests are typically fulfilled within about 14 business days. For a baby, a parent or guardian signs the request. Ask for both the mother's and the baby's records, including the fetal monitoring strips and NICU notes.

The hospital’s medical records page →

Where a case from Bakersfield would be filed

A birth-injury case in Kern County is usually filed in the Superior Court of California, County of Kern. According to the court's website, unlimited civil cases (those seeking more than $35,000) are filed at the Metropolitan Division's Metro Justice Building, 1215 Truxtun Avenue, Bakersfield, CA 93301. Court departments and addresses can change, so a lawyer confirms the correct courthouse before filing.

Superior Court of California, County of Kern – Metropolitan Division (Metro Justice Building) → — 1215 Truxtun Avenue, Bakersfield, CA 93301

Help for your child now: Early Start in Kern County

In Kern County, Early Start for babies and toddlers under age 3 is provided through Kern Regional Center, 3200 N. Sillect Avenue, Bakersfield, CA 93308, which also serves Inyo and Mono counties. Parents, doctors or other community agencies can refer a child who may have a developmental delay or be at risk of a developmental disability. To ask for an evaluation, call the center at 661-327-8531 and say you want to request an Early Start evaluation, or visit kernrc.org. You do not need a lawyer or a case to ask, and you can ask now.

Kern 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 Adventist Health Bakersfield or Adventist Health (Adventist Health System West). 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.