Kaiser Permanente Downey Medical Center Birth Injury Lawyers

This page is for families who welcomed a baby at Kaiser Permanente Downey Medical Center, at 9333 Imperial Highway in Downey, Los Angeles County, and who now have questions about how the delivery went or about their child's health. Maybe your baby needed intensive care, was slow to reach milestones, or a doctor mentioned a term such as oxygen deprivation, cerebral palsy or brachial plexus injury. Maybe you simply feel that something about the birth was never fully explained. Wanting to understand is a normal and reasonable thing for a parent to do.

Nothing here says that anything went wrong at any hospital. Most births in California end well, and many injuries that appear around birth have causes that no one could have prevented. Our goal is to give you plain information: what the hospital reports about its maternity and newborn services, which birth injuries families ask about most, the early warning signs, who can be involved in a birth-injury claim, and the steps you can take now, such as getting your records and early help for your child.

Because Kaiser Permanente works differently from most hospitals, the page also explains, in general terms, how claims by Kaiser members are usually handled. California law sets strict deadlines for these cases, and the page adds the verified legal details below our text. This is general information, not legal advice about your child's situation. A free conversation with a birth-injury attorney can tell you how it applies to you.

Labor and delivery at Kaiser Permanente Downey Medical Center

Kaiser Permanente Downey Medical Center is a private, nonprofit hospital in Downey, California, operated by Kaiser Foundation Hospitals, Inc. According to Kaiser's own maternity pages, the medical center has a labor and delivery unit, and its tour materials describe private labor rooms and private, family-centered postpartum rooms. The hospital's main phone number is (562) 657-9000, and its address is 9333 Imperial Highway, Downey, CA 90242.

The state gives a picture of the size of the newborn services. According to the hospital's 2024 report to the state (the HCAI Hospital Annual Utilization Report), the hospital cared for 3,333 newborns in its newborn nursery in 2024. The same report lists 49 licensed intensive-care newborn (NICU) beds and 487 NICU discharges for 2024. Kaiser's tour materials also describe a neonatal intensive care unit for newborns with special medical needs, staffed by neonatologists and specially trained NICU nurses. We have not confirmed an official NICU level for this hospital, so we do not state one.

The hospital serves families across southeast Los Angeles County, including Downey and nearby cities. Many of those families are Kaiser Permanente members who receive their prenatal care, delivery and pediatric care within the same health system. That matters later, because the records, the medical group and the dispute process for Kaiser members can differ from those at other hospitals.

Birth injuries families ask about after a difficult delivery

Birth injury is a broad term. It covers harm to a baby around the time of labor and delivery, and also complications for the mother. Doctors do not always know why an injury happens, and some conditions develop with no clear cause. The descriptions below are general medical information, not statements about any hospital or any birth.

Hypoxic-ischemic encephalopathy (HIE) is brain injury caused by reduced oxygen and blood flow around birth. Babies with moderate or severe HIE may be limp, have seizures, or have trouble breathing and feeding. Cooling treatment, begun within the first hours of life, is the standard care for eligible babies, which is why early recognition matters. Cerebral palsy is a group of lifelong movement and posture conditions caused by damage to the developing brain. The National Institutes of Health and the Mayo Clinic explain that it can begin before birth, around birth or in early infancy, and that often no single cause is found. Oxygen deprivation around birth is one possible cause among several, and premature birth and low birth weight are major risk factors.

Erb's palsy and other brachial plexus injuries happen when the nerves running from the neck to the arm are stretched or torn, most often when a baby's shoulders are delivered, as in shoulder dystocia. The Cleveland Clinic and NINDS describe signs such as an arm that hangs limp, an absent startle reflex on one side, and reduced grip. Many mild cases improve with therapy, while severe ones may need surgery. Other injuries families ask about include bleeding in a newborn's brain, a broken collarbone or skull fracture, and infections such as group B strep. Mothers can also face serious complications such as heavy bleeding after delivery. Each of these has risk factors that can be present even with excellent care, which is why a careful review of the actual medical record is the only way to know what happened in a particular case.

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, who does not cry strongly, who has trouble breathing, sucking or swallowing, or who has seizures, such as rhythmic jerking, staring spells or lip smacking. An arm that does not move, a bump or swelling on the head, a collarbone that feels odd, a high or very low temperature, or unusually yellow skin also deserve attention. If your baby needed the NICU, ask the care team to explain in plain words why, what tests were done and what they showed.

In the first weeks and months, the signs are often about development. Watch for a baby who does not follow faces or lights, startles very little or too much, keeps hands in tight fists past the first months, favors one side of the body, has feeding trouble or poor weight gain, or arches the back and stiffens often. Later, delays in rolling over, sitting, crawling, babbling or walking can be a signal. The American Academy of Pediatrics and the CDC offer milestone checklists for parents.

Not every delay means an injury, and many children catch up. But early evaluation helps in every case, whatever the cause. If something worries you, tell your child's pediatrician, ask for a referral to a specialist, and keep your own notes with dates. You do not need to decide anything about a legal claim to ask for medical answers.

Who may be responsible in a birth-injury claim?

Many people take part in a delivery, and a claim can look at more than one of them. Depending on the facts, those who may be involved include the hospital's labor and delivery nurses and other staff, the obstetrician, a midwife, an anesthesiologist, the neonatal and pediatric team, and the medical group that employs or contracts with them. Whether any of them is responsible is something only a review of the records can show, and in many births no one is.

Who employs each person matters. Some doctors are employees of the hospital or its affiliated medical group. Others are independent physicians who have privileges at the hospital but bill separately. A family may think of everyone in the delivery room as 'the hospital', yet the legal answer can differ from one person to the next. At a Kaiser Permanente facility, care is typically provided by Kaiser Foundation Hospitals together with a separate Permanente medical group, and a review would look at how each fits into your own case.

If your baby was born at a public hospital instead, special rules and much shorter deadlines apply. That is one reason families should always check where and how the delivery took place before assuming a timeline.

How an independent expert review of the delivery works

A review starts with the complete record: prenatal care notes, labor and delivery charts, the nurses' notes, the anesthesia record and the NICU chart. Qualified physicians, often an obstetrician, a neonatologist and, when needed, a pediatric neurologist, read those records on their own and answer a simple question: did the care meet accepted standards, and did any departure cause the injury?

Several pieces of evidence carry particular weight. The fetal heart monitoring strips show how the baby's heart rate responded during labor and when staff reacted. Apgar scores, assigned at one and five minutes, give a quick snapshot of the baby's condition. Umbilical cord blood gas results can show how much oxygen the baby had at birth. Brain imaging such as MRI, taken in the days after birth or later, can show the pattern and timing of an injury, and NICU notes describe the baby's course, seizures and treatment, including any cooling therapy.

An independent review protects you in both directions. If the experts find no fault, you will have a clearer understanding of what happened, which can bring some peace. If they find a problem, the family can decide what to do next with solid information. Reputable firms do not file claims without this kind of review.

What to do now: steps for families after a birth injury

First, take care of your child's health. Keep all medical appointments, follow the treatment plan and ask for referrals to specialists such as a pediatric neurologist, a physical or occupational therapist, or a brachial plexus clinic. Write down dates, names of providers (for your own use), symptoms and questions.

Second, request the records. Ask for both your own labor and delivery records and your baby's records, including the fetal monitoring strips, the NICU chart and any imaging. Third, do not wait. California gives strict deadlines in birth-injury cases and the clock can run before a family feels ready. Kaiser members' claims are usually decided in arbitration, which also has its own steps. Fourth, talk to a birth-injury attorney who will review your records without charge and explain your options. Keep copies of bills, insurance letters and any papers the hospital sent you, and avoid posting details about your case on social media.

You are not accusing anyone by asking questions. Families who ask early usually have more choices, better records and more time to plan for their child's needs.

Support for your child while the case is reviewed

Your child's care should not wait for any legal review. Early intervention, such as physical, occupational and speech therapy, can make a real difference in the first three years, when the brain is changing quickly. Your pediatrician can refer you, and your health plan may cover many of these services.

Families in Downey can contact the regional center that serves their area for Early Start, a state program for babies and toddlers under 3 with delays or a high chance of delay. California Children's Services (CCS), run through the county with the Department of Health Care Services, helps children with certain serious conditions get specialty care, and Medi-Cal can help cover medical needs for eligible families. Eligibility rules vary, so ask each program what applies to you.

We cannot promise how any of these programs, or any legal claim, will turn out. What we can say is that you do not have to choose between getting help now and understanding what happened. You can do both at once.

Kaiser members: arbitration instead of a jury

Kaiser Permanente works differently from most hospitals. Kaiser’s own member materials explain that members agree to binding arbitration instead of a jury or court trial for certain matters, that a member who believes their care was negligent can ask for binding arbitration, and that the arbitrator’s decision is binding on both the member and Kaiser Permanente. These arbitrations are run by a neutral Office of the Independent Administrator (oia-kaiserarb.com), not by Kaiser. For a family who delivered at a Kaiser hospital as Kaiser members, that usually means a birth-injury claim is decided by an arbitrator rather than a jury — and the claim still has to be started on time, so it is important not to wait.

Deadlines for a birth-injury claim 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.

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 Kaiser Permanente Downey

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 records from Kaiser Permanente Downey Medical Center, use Kaiser's Release of Information process for Southern California, which handles requests for medical records and copies. Kaiser's Southern California site directs members to kp.org/requestrecords for local Release of Information contacts, and members can also start a Medical Information Request through the KP app under the Medical Record section. Ask for the mother's labor and delivery chart and the baby's chart, including the fetal heart monitoring strips, the NICU record and imaging. California law gives parents a right to inspect and copy these records, and a written request is the safest way to begin. Keep a copy of what you send and the date you sent it.

The hospital’s medical records page →

Where a case from Downey would be filed

A birth-injury lawsuit in Los Angeles County is usually filed in the Superior Court of California, County of Los Angeles. The court's civil unlimited cases are heard at the Stanley Mosk Courthouse, 111 North Hill Street, Los Angeles, CA 90012, though court assignments can change, so confirm with the court's website. If you delivered at Kaiser Permanente Downey Medical Center as a Kaiser member, your claim will usually go to binding arbitration instead of a court, so the court may not be where the case is decided.

Superior Court of California, County of Los Angeles – Stanley Mosk Courthouse → — 111 North Hill Street, Los Angeles, CA 90012

Help for your child now: Early Start in Los Angeles County

Early Start is California's early intervention program for babies and toddlers under 3 who have developmental delays or are at high risk for them. Downey is listed among the cities served by the South Central Los Angeles Regional Center (SCLARC), which provides Early Start services through the Department of Developmental Services. You can call SCLARC's main number at (213) 744-7000 and say you want an Early Start evaluation, or call the state's Early Start BabyLine at 800-515-2229. You do not need a diagnosis or a doctor's order to ask, and you can confirm which regional center serves your address with the lookup tool on dds.ca.gov.

South Central Los Angeles Regional Center (SCLARC) →

Key facts

Questions parents ask

Other Los Angeles County hospitals we cover

Cedars-Sinai Medical Center · Miller Children’s & Women’s Long Beach · Pomona Valley Hospital Medical Center · Los Angeles 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 Kaiser Permanente Downey Medical Center or Kaiser Permanente (Kaiser Foundation Hospitals). 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.