Dignity Health – Mercy Hospital Southwest Birth Injury Lawyers

If your baby was born at Mercy Southwest Hospital (listed by the hospital as Dignity Health – Mercy Hospital Southwest) at 400 Old River Rd in Bakersfield, Kern County, and the delivery or the first days afterward did not go the way you expected, you probably have questions. This page was written for those families: parents, grandparents and caregivers who want to understand what a birth injury is, what the warning signs look like, and what steps are open to them.

Nothing here says that anything went wrong at any hospital. Most deliveries in Kern County end well, and the doctors, nurses and neonatal teams who care for mothers and babies work in a demanding field. But some babies do leave the hospital with an injury or a diagnosis that families did not see coming, and parents are often left with more questions than answers. Understanding your options is not an accusation. It is a way to protect your child's future.

Below you will find general medical information from recognized health sources, a plain-language look at how an independent review of a delivery works, and practical steps for getting your records, finding early-intervention help, and learning about the deadlines that apply in California. This page is general information, not legal or medical advice for your child.

Labor and delivery at Mercy Southwest Hospital in Bakersfield

According to the hospital's own Family Birth Center page, Mercy Southwest Hospital provides obstetrics care for both vaginal and cesarean births, with private labor and delivery rooms. The page also describes an OB Triage area, an obstetrics emergency department that the hospital says is open 24 hours a day, 7 days a week. The hospital is at 400 Old River Rd, Bakersfield, CA 93311, and the Family Birth Center can be reached at 661-663-6000.

For babies who need extra care, the hospital's site says it is equipped with a Level II neonatal intensive care unit (NICU). In general, a Level II NICU cares for babies who are born somewhat early or who have moderate health problems, while the most fragile newborns may be moved to a hospital with a higher level of newborn care. According to the hospital's 2024 report to the state (HCAI), Mercy Southwest has 12 licensed intensive-care newborn beds and had 400 NICU discharges in 2024.

The same state report shows that the hospital cared for 1,773 newborns in its newborn nursery in 2024. The hospital is a private nonprofit corporation, and the report lists Common Spirit Health as its parent organization. It serves families in Bakersfield and across Kern County, many of whom are Spanish-speaking, and many of whom rely on Medi-Cal. That is a large community of families, and each birth is a personal story.

Birth injuries families ask about after a difficult delivery

The term birth injury covers a wide range of conditions. One that families hear about often is hypoxic-ischemic encephalopathy, or HIE, a type of brain injury linked to a shortage of oxygen or blood flow to the baby's brain around the time of birth. Babies with HIE are watched closely in the NICU, and some receive a cooling treatment that must be started within hours of birth. Cerebral palsy is a related word families hear. According to the CDC, cerebral palsy is a group of disorders affecting movement, balance and posture; most cases are congenital, meaning they happen before or during birth, the cause is often unknown, and lack of oxygen during birth accounts for only a small number of cases.

Other injuries involve the nerves and bones. Erb's palsy, also called brachial plexus palsy, is weakness of the arm or shoulder. The Cleveland Clinic explains that it is most common in infants whose shoulder was stretched during delivery, and that some cases improve on their own while others need therapy or, rarely, surgery. A collarbone (clavicle) fracture or a skull fracture can also happen during a hard delivery, and many heal well with time and monitoring.

Newborns can also have bleeding in the brain, which is found by ultrasound or MRI, and infections such as group B strep (GBS), which can be serious in the first days of life. Mothers can be injured too: heavy bleeding after delivery (postpartum hemorrhage), tears, or infection can need urgent treatment and long recovery. These are general medical facts about births everywhere. They do not describe any particular hospital or delivery, and many of these conditions occur even when the best care is given.

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

In the first days, parents may notice that a baby is very floppy or very stiff, does not feed well, has trouble breathing, has seizures (rhythmic jerking, staring, or lip-smacking), cries in an unusual way, or does not move one arm or leg as much as the other. A baby who needed a long stay in the NICU, cooling treatment, or a breathing tube may be at higher risk of developmental needs later and should have careful follow-up.

In the weeks and months that follow, the CDC lists signs of cerebral palsy to watch for. Before six months these include a head that lags when the baby is lifted, a body that feels stiff or floppy, arching of the back and neck, and legs that stiffen and cross. After six months, a baby who does not roll over in either direction, has trouble bringing the hands together, or reaches with only one hand may need an evaluation. After ten months, crawling in a lopsided way is another sign. Some children without cerebral palsy show these signs too, so the signs call for an evaluation, not a conclusion.

Trust your instincts. If your child is missing milestones such as rolling over, sitting or babbling, or if a doctor has told you that your child has a delay, ask for an evaluation. The CDC notes that families can contact their state's early intervention program without waiting for a doctor's referral or a diagnosis. Write down what you see and when, keep photos and videos, and bring your notes to every appointment.

Who may be responsible in a birth-injury claim?

A birth involves a team, and a review looks at everyone who took part in the care. Depending on the facts, that may include the obstetrician or midwife who managed the labor, the labor and delivery nurses who monitored the mother and baby, the anesthesia provider, the neonatologists and NICU staff, and sometimes a medical group that employs or contracts with these providers. A claim may be brought against one person, several people, or an organization. Whether anyone is legally responsible is a question for an expert review, not something a parent can tell from the outcome alone.

One point that surprises many families is that not every doctor who delivers a baby in a hospital is an employee of the hospital. Many physicians, including some obstetricians, anesthesiologists and neonatologists, are independent or belong to a separate medical group, while nurses and other staff are often hospital employees. Who employed whom can affect who may be named in a claim and which insurance applies, so it is worth asking the hospital and your own providers who was involved in your care.

Your own records will show the names of the people who treated you and your baby. A lawyer cannot decide who may be responsible until an independent medical expert reviews the chart, which is why getting complete records is the first practical step.

How an independent expert review of the delivery works

In a medical birth-injury review, a lawyer's team gathers the full records and sends them to independent medical experts, usually a physician in obstetrics and a physician in newborn care, and sometimes a specialist in neurology or radiology. The experts do not work for the hospital and do not decide anything in advance. They read the chart and answer a question: did the care meet accepted medical standards, and, if not, did that cause the injury?

Several documents matter most. The fetal heart monitoring strips show the baby's heart rate and the mother's contractions through labor, minute by minute. The Apgar scores, given at one and five minutes after birth, describe how the baby looked, breathed and moved. Cord blood gas results measure acid levels in blood from the umbilical cord and can show whether the baby was short of oxygen. MRI and head ultrasound images show the brain, and the NICU notes record what happened in the first hours and days, including treatments and the baby's response.

Experts also look at timing: when staff noticed a concern, who was called, and how quickly decisions were made. The review can take weeks or months and the result may be that the care was appropriate and nothing further is needed. That is a valid answer too, and many families find it a relief to finally understand what happened.

What you can do now: step by step

First, take care of your child and yourself. Keep every follow-up appointment with the pediatrician and any specialists, and ask for referrals to therapy or neurology if you have concerns. Write down the dates of the birth, the NICU stay and every diagnosis, and keep discharge papers, bills and letters in one folder.

Second, request the medical records for both mother and baby. They are separate charts, and you will want the labor and delivery record, the fetal monitoring strips, the newborn nursery and NICU records and any imaging. Under California law, parents have a right to these records, and a written request is the best way to start. See the records paragraph below for where to send it.

Third, learn about the deadlines. California sets strict time limits, and they are not the same for every claim: a child's deadline is different from the parents' own deadline, and claims against public hospitals have much shorter ones. Finally, speak with a lawyer who handles birth-injury cases. Ask how the first review works and how fees are handled before you sign anything. The earlier you ask, the more options you keep.

Support for your child and family while a case is reviewed

A legal review does not need to delay care. Early therapies, such as physical, occupational and speech therapy, can make a real difference for babies and toddlers, and families should not wait for a claim to move forward before getting help. In California, babies and toddlers up to age 3 with a delay or a risk of delay can be evaluated for Early Start through their regional center, at no cost to the family.

Medi-Cal and California Children's Services (CCS) may help with medical care, equipment and specialist visits for children who qualify. Ask your pediatrician or the hospital's social worker whether your child may qualify, and ask about transportation help if you travel for appointments. Many families also find parent support groups helpful.

None of these programs depends on the outcome of any legal question, and nothing here promises a result. They are simply places to turn for help right now.

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 Mercy Southwest Hospital

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 the records for you and your baby from Mercy Southwest Hospital, the hospital's records page directs patients to its Operations Center at 551 Shanley Court, Bakersfield, CA 93311, just south of the hospital, telephone 661-663-6176. The page offers a Patient Access Request Form for your own copy of the records (available in English and Spanish) and a separate Authorization to Disclose form to send records to someone else, such as a lawyer. No online request form is listed for this hospital, so plan to mail or deliver the completed form, and ask for the labor and delivery chart, the fetal monitoring strips, the newborn and NICU records and any imaging. Confirm the current process by phone.

The hospital’s medical records page →

Where a case from Bakersfield would be filed

A birth-injury lawsuit for a Bakersfield delivery would usually be filed in the Superior Court of California, County of Kern, whose Metropolitan Division is at 1415 Truxtun Ave, Bakersfield, CA 93301 (the court also lists a Justice Building at 1215 Truxtun Ave). The court's main number is 661-610-6000, and because courtroom assignments for civil cases can change, a lawyer or the clerk can confirm exactly where a case belongs.

Superior Court of California, County of Kern – Metropolitan Division → — 1415 Truxtun Ave, Bakersfield, CA 93301

Help for your child now: Early Start in Kern County

Early Start is California's early-intervention program for babies and toddlers from birth to 36 months who have a developmental delay or a high risk of one. In Kern County it is provided through Kern Regional Center, 3200 N. Sillect Ave., Bakersfield, CA 93308, telephone 661-327-8531 (statewide Early Start information line: 800-515-BABY). Any parent or caregiver can call and ask for an Early Start evaluation, without a doctor's referral. A pediatrician, hospital or NICU team can also refer the child, and the services follow the child's needs, not the family's income or immigration status.

Kern Regional Center →

Key facts

Questions parents ask

Other Kern County hospitals we cover

Bakersfield Memorial Hospital · Adventist Health Bakersfield · Kern Medical

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 Dignity Health – Mercy Hospital Southwest or Dignity Health, part of CommonSpirit Health. 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.