MemorialCare Orange Coast Medical Center Birth Injury Lawyers

If your baby was born at MemorialCare Orange Coast Medical Center, at 9920 Talbert Avenue in Fountain Valley, Orange County, and the delivery was difficult, or your child was later diagnosed with a condition you think may be linked to birth, you probably have a lot of questions. This page is written for you: the mother, father or guardian who wants to understand what a birth injury is, what the warning signs look like, and what the options are if you want the delivery looked at by an independent expert.

Most babies born at any hospital do well, and nothing on this page says otherwise about this hospital. Birth injuries can happen for many reasons, and some are nobody's fault. Still, when a child has a lasting medical need, families deserve clear answers and a calm, respectful way to find out what happened. The sections below explain the medical terms in plain words, point to trusted medical sources, and walk through practical steps such as requesting records and asking for early-intervention services.

Beverly Law offers a free conversation for families who want to understand their rights. Nothing here is legal advice for your specific case, and reading this page does not create an attorney-client relationship. Strict deadlines apply to birth-injury claims in California, so it is wise to ask early, even if you are not sure you want to take any action.

Labor and Delivery at MemorialCare Orange Coast Medical Center in Fountain Valley

MemorialCare Orange Coast Medical Center is a hospital at 9920 Talbert Avenue in Fountain Valley, Orange County. According to the hospital's own website, its Childbirth Center offers private labor, delivery and recovery suites, an obstetrical emergency department that is open around the clock, prenatal classes, lactation support, couplet care (mother and baby staying together), and multilingual staff. The hospital also lists Certified Nurse Midwives as part of its medical staff and offers Vietnamese-language childbirth classes. The hospital's website also lists in-person Childbirth Center tours.

The hospital's website describes its newborn intensive care unit as a Level II NICU, staffed by specially trained nurses and board-certified neonatologists, along with respiratory care practitioners, dietitians and lactation consultants. According to the hospital's 2024 report to the state (HCAI), the hospital cared for 1,546 newborns in its newborn nursery that year, is licensed for 12 intensive-care newborn beds, and had 138 NICU discharges. Those numbers simply show the size of the program that serves local families.

The hospital is run by a non-profit corporation and, in the state's report, its parent organization is listed as Memorial Health Services. It is a private nonprofit hospital, not a county or University of California hospital. That matters later in this page, because different legal rules can apply to public hospitals. You can reach the hospital's main line at (714) 378-7000. Everything in this section comes from the hospital's own pages or the state's data; the rest of this page is general information about birth injuries and not a statement about any particular delivery.

Birth injuries families ask about after a difficult delivery

Doctors use the term birth injury for harm to a baby (or to the mother) that happens around labor and delivery. One that families ask about often is hypoxic-ischemic encephalopathy, or HIE, which means the baby's brain did not get enough oxygen or blood flow around birth. For moderate or severe HIE in babies born at or near term, a treatment called therapeutic cooling, which lowers the baby's body temperature for about three days, has become the standard of care, and medical reviews describe starting it within the first six hours of life. This is why newborn teams watch certain babies so closely in the first hours.

Cerebral palsy, or CP, is a group of disorders that affect movement, balance and posture. The CDC explains that it is the most common motor disability in childhood and is caused by abnormal development of, or damage to, the developing brain. The CDC also notes that most CP begins before or during birth, that the cause is often unknown, and that a lack of oxygen during birth is now believed to account for only a small number of cases. So a CP diagnosis does not by itself show what happened at delivery; that is a question for medical records and experts.

Other conditions families ask about include Erb's palsy and other brachial plexus injuries, in which the nerves running from the neck to the arm are stretched during delivery. A StatPearls medical review lists a large baby and shoulder dystocia among the main risk factors and notes that many babies recover, especially when improvement starts in the first weeks. Families also ask about bleeding in the newborn brain, skull or collarbone (clavicle) fractures, serious infections such as group B strep (GBS), and injuries to the mother such as severe postpartum hemorrhage. Each of these has several possible causes, and many occur even with excellent care. This section is general medical information, not a statement about any hospital.

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

In the first days, parents and nurses watch for trouble feeding, a weak or unusual cry, unusual sleepiness or irritability, seizures (rhythmic jerking, staring or lip-smacking), breathing problems, or a baby who seems very stiff or very floppy. A baby who cannot move one arm, or holds it limp against the body, may have a nerve injury. Swelling or pain over the collarbone, or a baby who cries when handled, can point to a fracture. Any of these deserves a prompt conversation with the baby's doctors.

In the following weeks and months, the CDC lists signs of possible cerebral palsy that include delays in motor milestones such as rolling over, sitting, standing or walking. Before six months, a baby's head may lag when lifted, the body may feel stiff or floppy, or the legs may stiffen and cross when the baby is picked up. After six months, a child who cannot roll in both directions, cannot bring hands together or to the mouth, or reaches with one hand while keeping the other fisted should be checked. After ten months, crawling in a lopsided way is another sign. The CDC adds that some children without CP show these signs too.

Trust your instincts. If something about your child's movement, feeding, hearing, vision or development worries you, tell your pediatrician and ask for a referral for a developmental evaluation. Write down dates, what you saw and what you were told. Early evaluation helps your child get therapy sooner, and clear notes help later if you decide to ask an independent expert to review the delivery.

Who may be responsible in a birth injury claim?

In a birth-injury claim, the question is whether the care a mother and baby received met the accepted standard, and, if it did not, whether that caused the injury. Many people take part in a delivery. Depending on the facts, those who may be involved in a review include the nurses and other staff who monitor labor, the obstetrician, a certified nurse midwife, the anesthesia team, neonatal or pediatric specialists, and the medical group that employs or contracts with them. No claim is assumed; the review simply sorts out who did what and when.

One point surprises many families: the doctor who delivers a baby is not always an employee of the hospital. Many obstetricians, anesthesiologists and neonatologists work for independent practices or medical groups and have privileges to treat patients at the hospital. Nurses and other staff are more often hospital employees. Which person works for which organization can change who an injury claim would be directed to, so it is one of the first things a careful review looks at.

A claim can also fail for reasons that have nothing to do with the delivery, such as a missed deadline or an injury that was not caused by anyone's care. That is why a respectful, independent review of the records comes first. California also requires written notice to a health care provider before a medical malpractice lawsuit is filed, and the legal paragraphs added to this page explain the main rules and time limits. Because strict deadlines can be much shorter for some claims, including claims by the parents themselves, it is safer to get advice early.

How an independent expert review of the delivery works

An independent review starts with the records. The most important ones in a birth case are usually the fetal heart monitoring strips, which show the baby's heart rate and the mother's contractions during labor; the nursing and physician notes; the Apgar scores recorded at one and five minutes after birth; the umbilical cord blood gas results, which show how much oxygen and acid were in the baby's blood at birth; the operative or delivery report; and, for babies who needed intensive care, the NICU chart. Later brain imaging, such as MRI, and the pediatric records help show the nature and timing of the injury.

Physicians with experience in obstetrics, neonatology and pediatric neurology then read those records with a simple question: what happened, and was it the result of care that fell below accepted practice? They are not told what answer is wanted. Sometimes the experts conclude that the outcome could not have been prevented, and families deserve to hear that too. Sometimes they find questions that justify a deeper look. Either way, the family gets a clearer picture than guessing.

Reviews take time, because records must be collected, organized in order, and read carefully, and because the strips alone can span many hours of labor. The review costs the family nothing to start with Beverly Law. Families should know that a review is not a commitment to file anything, and that it can be paused or stopped whenever the family chooses.

What to do now: step by step

First, take care of your child's health. Keep every pediatric, therapy and specialist appointment, and ask for copies of reports. Second, write down what you remember: the dates, how labor went, who spoke with you, what you were told afterward, and when you first noticed symptoms. Do this while memories are fresh, and keep it private. Third, gather what you already have, such as discharge papers, the baby's records, insurance cards and any bills.

Fourth, request the delivery and newborn records in writing from the hospital, which is explained in the records section below, and the records from the prenatal clinic and the baby's pediatrician. Fifth, do not post details about your child's condition or your thoughts about the delivery on social media, and be careful about signing releases or settlement papers from any insurer without understanding them first.

Sixth, talk to a lawyer early. The first conversation with Beverly Law is free, there is no obligation, and a Spanish-speaking team member is available. Explain what happened and ask what deadlines apply to your situation. California gives a child's case its own deadline, but parents' own claims can run on a shorter clock, so waiting to see how your child develops can cost you options. Asking a question today does not commit you to anything.

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

A legal review should never delay your child's care. Therapies such as physical, occupational and speech therapy, feeding support and specialist visits are most helpful when they start early. For babies and toddlers from birth to age three, California's Early Start program provides evaluation and services for infants who have a developmental delay or a condition likely to cause one. In Orange County, Early Start intake is handled through the Regional Center of Orange County, described in the early-help paragraph below.

Families may also have health coverage through private insurance or Medi-Cal, and some children with certain serious medical conditions may qualify for California Children's Services (CCS), a state program. Eligibility depends on your income, your child's diagnosis and your coverage, so ask the hospital social worker, your pediatrician or the program itself. Beverly Law cannot promise that any program will approve your child, and these programs are separate from any legal claim.

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 MemorialCare Orange Coast

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 delivery and newborn records from MemorialCare Orange Coast Medical Center, start with the hospital's medical records page on memorialcare.org. It explains that patients can use the myChart portal and that a separate requester portal lets you choose Orange Coast as the location. You can also complete the hospital's Authorization to Use and Disclose Protected Health Information form and send it to the MemorialCare Medical Records Department by fax, mail or email; the department's phone line on that page is (657) 241-7001, Monday through Friday during business hours. The hospital's campus page says the Medical Records office has moved to the Mariposa Building at 18225 Brookhurst Street, Suite 7, in Fountain Valley, so confirm the current address and fees by phone before you visit or mail anything. For a birth injury, ask in writing for the complete labor and delivery chart, the fetal heart monitoring strips, and the newborn and NICU records, and for the baby's chart as a separate request.

The hospital’s medical records page →

Where a case from Fountain Valley would be filed

A birth-injury lawsuit against a private hospital or its doctors in Orange County would usually be filed in the Superior Court of California, County of Orange. The court lists its Central Justice Center, at 700 Civic Center Drive West, Santa Ana, CA 92701, as the courthouse for civil cases, and its website is occourts.org. The court also has a separate Civil Complex Center at 751 West Santa Ana Boulevard in Santa Ana for cases that the court designates as complex. Where a particular case is filed depends on the defendants, where the care took place and the court's rules, and many cases are resolved without a trial, so the family's lawyer will confirm the right court.

Superior Court of California, County of Orange – Central Justice Center → — 700 Civic Center Drive West, Santa Ana, CA 92701

Help for your child now: Early Start in Orange County

If your baby is under three and you worry about development, you can ask for a free Early Start evaluation. In Orange County, Early Start intake is handled by the Regional Center of Orange County (RCOC), one of the regional centers contracted by the California Department of Developmental Services. The state's Early Start directory on dds.ca.gov lists the RCOC Early Start intake line as (714) 796-5354, and the website is rcocdd.com. You do not need a doctor's referral to call; tell them your child's age, what worries you and where you live, and ask for an evaluation. Services are for children from birth to 36 months who live in Orange County, and eligibility is decided by the evaluation.

Regional Center of Orange County (RCOC) →

Key facts

Questions parents ask

Other Orange County hospitals we cover

Hoag Hospital Newport Beach · Providence St. Joseph Hospital Orange · Kaiser Permanente Anaheim · Kaiser Permanente Irvine Medical Center · Hoag Hospital Irvine · St. Jude Medical Center · MemorialCare Saddleback Medical Center · Orange County Global Medical Center · UC Irvine Medical Center · UCI Health – Fountain Valley · Orange County 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 MemorialCare Orange Coast Medical Center or MemorialCare (Memorial Health Services). 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.