Scripps Memorial Hospital La Jolla Birth Injury Lawyers

This page is for families who welcomed a baby at Scripps Memorial Hospital La Jolla, at 9888 Genesee Avenue in La Jolla, San Diego County, and who now have questions about a difficult delivery or about their child's health. Maybe your baby needed extra help breathing, was moved to another unit, or was later diagnosed with a condition such as cerebral palsy or a nerve injury in the arm. Wanting to understand what happened is a natural and reasonable thing to do.

The hospital is operated by Scripps Health, a nonprofit health system. According to the hospital's 2024 report to the state (HCAI), about 3,602 newborns were cared for in its newborn nursery that year. Nothing on this page says that anything went wrong in any particular delivery. We explain, in plain words, what birth injuries are, which warning signs families notice, how an independent medical review works, and what steps you can take now to protect your child's options.

Beverly Law handles birth-injury cases for California families. This page is general information, not legal advice, and it does not describe any patient, doctor or nurse. If you are a parent or guardian, you can read it at your own pace and call us when you are ready. Talking to us costs nothing, and our team can speak with you in English or Spanish.

Labor and delivery at Scripps Memorial Hospital La Jolla

According to the hospital's own website, Scripps Memorial Hospital La Jolla offers labor and delivery in its Women's Center, located on the third floor. Families can go through labor, delivery and recovery in one room, and then move to a private postpartum room with a bathroom and a cot for a support person. The hospital lists specially trained physicians and nurses, certified nurse-midwives, lactation consultants, certified childbirth educators, social workers and respiratory care practitioners among its maternity services.

The hospital's website also lists neonatal intensive care (NICU) among its services and says it is managed by Rady Children's Hospital. The site does not state a NICU level, so we do not give one. In its 2024 report to the state (HCAI), the hospital reported 0 licensed intensive-care newborn beds and 0 NICU discharges, and about 3,602 newborns cared for in the newborn nursery. If your baby needed a higher level of newborn care, you may want to ask which team provided it and where your baby's records are kept.

Scripps Memorial La Jolla serves families from La Jolla and the wider San Diego area. The hospital is run by a nonprofit corporation, Scripps Health. It is not listed as a county or University of California hospital, which matters for the deadlines described later on this page. Most births at hospitals like this one go well. This page is for the families whose experience left them with questions.

Birth injuries families ask about after a difficult delivery

A birth injury is harm to a baby that happens before, during or shortly after delivery. Families often ask about hypoxic-ischemic encephalopathy (HIE), a type of brain injury linked to a lack of oxygen and blood flow to the baby's brain. Doctors may treat some newborns with HIE with carefully controlled cooling soon after birth, and the baby is usually watched closely in a newborn intensive care setting. HIE is sometimes mentioned in connection with later problems in movement, learning or seizures.

Cerebral palsy (CP) is a group of conditions that affect movement, balance and posture. The CDC explains that CP results from abnormal development of, or damage to, the developing brain, that about 85 to 90 percent of cases are congenital (the brain problem happened before or during birth), and that scientists now believe loss of oxygen during birth causes only a small number of cases. CP does not get worse over time, and there is no cure, but therapy and other treatment can improve quality of life. For these reasons, an expert review matters: it helps sort out what caused a child's condition.

Other conditions families ask about include Erb's palsy and other brachial plexus injuries, in which the nerves to the arm are stretched during delivery. According to the American Academy of Orthopaedic Surgeons (OrthoInfo), risk factors include a large baby, maternal diabetes and a long labor, though it can also happen without these and after a C-section, and most infants recover movement and feeling in the arm. Families also ask about newborn brain bleeds, skull or collarbone (clavicle) fractures, serious infections such as group B strep (GBS) in a newborn, and injuries to the mother such as heavy bleeding after birth (hemorrhage). These are general medical topics and are not statements about any hospital.

Warning signs in the first days, weeks and months after birth

In the first days, parents and nurses watch for trouble breathing, a very weak cry, poor feeding, unusual sleepiness or floppiness, a baby who is very stiff, seizures (jerking, lip-smacking or staring spells), a high or low temperature, or a baby who is not moving one arm. Any of these should be raised with the baby's doctor right away. Written notes from your own memory, such as what you were told and when, can be useful later.

In the first weeks and months, the signs are often about development. The CDC lists possible early signs of cerebral palsy: under 6 months, the head lags when the baby is lifted, the body feels stiff or floppy, or the legs stiffen and cross when the baby is held upright. After 6 months, a baby who does not roll over, cannot bring the hands together or reaches with only one hand may need an evaluation. After 10 months, crawling that uses only one side of the body is another sign the CDC lists.

A missed milestone does not by itself mean a birth injury, and many delays have other causes. But you do not need to wait for a diagnosis. The CDC notes that a parent who is worried about development can contact the state early intervention program without a doctor's referral. Acting early helps your child get therapy sooner, and it also helps protect your options if you later decide to look into the delivery.

Who may be responsible in a birth-injury claim

A birth involves many people, and responsibility in a claim depends on the facts and on who employed whom. People who may be involved include hospital nurses and labor staff, the obstetrician who delivered the baby, certified nurse-midwives, anesthesia providers, neonatal and pediatric doctors, and the medical group that organizes some of these doctors. Whether a particular person may be responsible is something only a careful review of the records can show.

One of the most common questions is what happens if your doctor did not work for the hospital. Many obstetricians and other physicians are independent or belong to a separate medical group, while nurses and other staff are often hospital employees. A claim can involve one provider, several, or none, and the right defendants are decided after the records are reviewed. Do not assume that a doctor's private practice and the hospital are the same thing.

The kind of hospital also matters. Claims against county or University of California hospitals follow a short written-claim process, and Kaiser members usually go through arbitration. Scripps Memorial Hospital La Jolla is listed by the state as a nonprofit corporation operated by Scripps Health, not a public hospital, but a physician or program involved in your care could still be connected to a public entity. We check this at the start so that no deadline is missed.

How an independent expert review of the delivery works

An independent review begins with the complete medical record for both mother and baby. A qualified physician, often an obstetrician or neonatologist, reads the chart and compares what happened with accepted standards of care. Our team does not decide the medical answer; the expert does. Sometimes the review finds that the care was appropriate and that the child's condition had another cause. That is useful for a family to know, too.

Several records are usually studied. Fetal heart monitoring strips show the baby's heart rate and the mother's contractions over hours of labor. Apgar scores rate the baby's condition at 1 and 5 minutes after birth. Cord blood gas results can show how much oxygen the baby had received and how acidic the blood was. Labor and delivery notes, anesthesia records, and the NICU or newborn nursery notes show what treatment followed. Later, brain imaging such as an MRI helps experts understand the pattern and timing of an injury.

The review also looks forward. A life-care planner and other specialists estimate what a child may need over a lifetime, such as therapies, equipment, home changes and medical care. This is why asking for records early is so helpful. Records are the starting point for every step that follows, and the review can take time. We will explain each step and what it may cost before you decide anything.

What you can do now: step by step

First, focus on your child's care. Keep every appointment, follow the therapy plan, and ask doctors to explain any diagnosis in plain words. Second, write down what you remember: dates, the order of events, what you were told, and the names of any follow-up clinics. Do not post about it on social media, and do not sign anything from an insurer without understanding it.

Third, request the records. Ask for both your own labor and delivery chart and your baby's chart, including the fetal monitoring strips, and keep copies of any bills and discharge papers. The records paragraph below explains how to ask Scripps. Fourth, call a lawyer early. California has strict deadlines, a written warning must be given to a provider before a medical malpractice case can be filed, and claims against public hospitals have a six-month claim step. A free conversation can tell you where you stand.

Fifth, ask about early help for your child, which does not depend on any claim. Sixth, if you decide to move forward, we arrange the independent expert review and keep you informed. You decide at every step. Nothing about asking questions commits you to a lawsuit, and we cannot promise any outcome.

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

A review of the delivery can take months, but your child's therapy should not wait. Depending on the diagnosis, a care team may include physical, occupational and speech therapy, neurology, orthopedics, and nutrition and feeding support. According to the CDC, early treatment can improve quality of life for a child with cerebral palsy. OrthoInfo describes daily range-of-motion exercises, often started around 3 weeks of age, for babies with brachial plexus birth palsy.

For babies and toddlers from birth to age three, California's Early Start program serves infants and toddlers with developmental delays or at risk for a developmental disability. In San Diego County the regional center is the San Diego Regional Center. Families can also ask their child's doctor about Medi-Cal and the California Children's Services (CCS) program, which may help cover care for some children with serious conditions. Eligibility depends on your child's diagnosis and your family's situation, and we cannot promise approval.

Keep your child's therapy notes, equipment orders, mileage and medical bills. These records can show what your child's needs are today. They are also useful to a life-care planner if a claim is later reviewed.

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 Scripps Memorial Hospital La Jolla

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 records from Scripps Memorial Hospital La Jolla, use the Release of Information process on the Scripps Health medical records page. If you have a MyScripps account, you can request records there. Without one, you can send a completed and signed paper authorization form by mail, fax or email: Scripps Health, Release of Information Center, PO Box 235498, Encinitas, CA 92023; phone 760-633-7746 (they can mail you the form); fax 760-633-7747; email recordsrequest@scrippshealth.org (attach the form as a PDF). A parent or guardian signing for a baby is asked to show their relationship. According to the Scripps page, the legal maximum in California is 15 days, and Scripps keeps records for 25 years for mothers and babies. Ask for the full labor and delivery chart, the fetal heart monitoring strips and the baby's newborn records.

The hospital’s medical records page →

Where a case from La Jolla would be filed

A birth-injury case from La Jolla would usually be filed in the Superior Court of California, County of San Diego. The court's website lists its Civil Independent Calendar courtrooms and Civil Business Office at the Hall of Justice, 330 West Broadway, San Diego, CA 92101. The Civil Business Office phone is (619) 450-7275. Which courthouse and department apply depends on the type and size of the case, so we confirm this with the court when a case is filed.

Superior Court of California, County of San Diego – Hall of Justice → — 330 West Broadway, San Diego, CA 92101

Help for your child now: Early Start in San Diego County

Early Start is California's early intervention program for babies and toddlers from birth to age three with developmental delays or at risk of a developmental disability. The regional center for San Diego County is the San Diego Regional Center, 4355 Ruffin Road, San Diego, phone 858-576-2996, website sdrc.org. Anyone, including a parent, can ask for an evaluation by calling and saying you are worried about your child's development; you do not need a lawyer or a diagnosis. You can also call the state's Early Start BabyLine at 800-515-2229. Under state guidance, evaluation and a service plan are generally due within 45 days of referral.

San Diego Regional Center →

Key facts

Questions parents ask

Other San Diego County hospitals we cover

Sharp Mary Birch Hospital · Jacobs Medical Center, La Jolla · San Diego 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 Scripps Memorial Hospital La Jolla or Scripps 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.