Scripps Mercy Hospital San Diego Birth Injury Lawyers

This page is for families who had a baby at Scripps Mercy Hospital San Diego, at 4077 Fifth Avenue in San Diego, San Diego County, California. Scripps Mercy is part of Scripps Health, a nonprofit health system. Most births there end happily. But when a baby is born with a serious health problem, or when a mother is hurt during labor, parents are often left with many questions and few clear answers.

We wrote this page to help you understand what is known about birth injuries in general, which signs to watch for, what a medical review of a delivery involves, and what steps a family can take. It is general information. It is not about any one birth, any one doctor, or any one nurse, and it does not say that anything went wrong at this or any hospital. Many babies who need extra care were born with conditions that no one could have prevented.

If your child has been diagnosed with a condition such as cerebral palsy, a brain injury, a nerve injury in the arm, or a developmental delay, and you wonder whether it is connected to the birth, you are the parent we have in mind. Reading this page costs nothing and commits you to nothing. A lawyer at Beverly Law can talk with you in English or Spanish about what a review of your records might involve.

Labor and delivery at Scripps Mercy Hospital San Diego

According to the hospital's own website, Scripps Mercy Hospital San Diego has a Family Birth Unit on the third floor. Mothers labor, deliver and recover in the same room, and afterward stay with the baby in a postpartum room. The hospital says most rooms are private, although a room may be shared when the unit is busy. The page also lists prenatal and postpartum care, lactation support, and classes and support groups. The hospital's main entrance is open 24 hours.

The hospital's website says Scripps Mercy has a Level II neonatal intensive care unit (NICU) managed by Rady Children's Hospital for newborns who need special care, and that the most critically ill babies may be transferred to Rady Children's Hospital, which the website says has a Level 4 NICU. According to the hospital's 2024 report to the state (HCAI), the hospital listed no licensed intensive-care newborn beds and no NICU discharges under its own license. If you want to know exactly how your baby's care was arranged, the medical records will show it.

The same 2024 report to the state shows that 2,515 newborns were cared for in the hospital's newborn nursery that year. Scripps Mercy is a private nonprofit hospital, part of Scripps Health, and it serves families from the central San Diego neighborhoods and from across San Diego County. The hospital says it offers language services, and families can ask for an interpreter during care and when they request records.

Birth injuries families ask about after a difficult delivery

Hypoxic-ischemic encephalopathy (HIE) is brain injury caused by a lack of oxygen and blood flow around the time of birth. A medical study from the National Library of Medicine's PubMed Central archive describes HIE as a leading cause of newborn death and disability worldwide, affecting about 1 to 2 of every 1,000 live births in developed countries. Cooling therapy, in which the baby's body temperature is lowered for about 72 hours, is begun within the first six hours of life for eligible babies, so early recognition matters.

Cerebral palsy (CP) is a group of disorders that affect movement, balance and posture. The CDC explains that most cases, roughly 85 to 90 percent, are congenital, meaning the brain damage or abnormal development happened before or during birth, and that the cause is often unknown. The CDC also notes that lack of oxygen during birth appears to account for only a small number of cases. That is why a careful medical review matters: it separates what could have been foreseen from what could not.

Erb's palsy, also called brachial plexus birth injury, is damage to the nerves that move the arm, shoulder and hand. Hospital for Special Surgery explains that it most often happens when the baby's shoulder is stuck during delivery (shoulder dystocia), that about two-thirds of children recover without surgery, and that recovery can take many months. Other injuries families ask about include bleeding in the newborn's brain, fractures of the collarbone or skull, and infections such as group B strep. The CDC explains that group B strep can pass from mother to baby during delivery and that screening and antibiotics during labor are the usual prevention.

Mothers can also be hurt. Heavy bleeding after delivery (postpartum hemorrhage), tears, infection and anesthesia complications are examples. Many of these conditions happen even with excellent care, and some are treated quickly with no lasting harm. A medical review looks at how and when each problem was recognized and treated.

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 has trouble feeding or swallowing, who has seizures or unusual movements, who is very sleepy or hard to wake, who breathes with difficulty, or who needs help staying warm. A baby who does not move one arm, or whose arm lies limp at the side, may have a nerve injury. A fever, poor feeding or unusual sleepiness in a newborn should always be checked right away.

In the first weeks and months, watch for a head that lags when the baby is lifted, legs that stiffen or cross when the baby is picked up, a strong preference for using one hand, trouble following faces or sounds, or a baby who is very irritable or hard to soothe. The CDC lists signs of cerebral palsy in babies under six months, such as a head that lags, a body that feels stiff or floppy, and legs that scissor.

After six months, the main sign is a delay in reaching milestones such as rolling over, bringing hands together, sitting, crawling or walking. The CDC adds that some children without cerebral palsy show some of these signs, so a developmental evaluation is the right next step. Trust what you see. If something worries you, tell your pediatrician, write down the date, and ask for a referral. Early help makes a difference.

Who may be responsible in a birth-injury claim

Responsibility in a birth-injury case depends entirely on the facts, and no one can say who, if anyone, may be responsible until the records are reviewed. In general, the people involved in a delivery may include the obstetrician, a midwife, nurses and labor-and-delivery staff, an anesthesiologist, a pediatrician or neonatologist, and the hospital itself.

One important question is who employed each person. Some nurses and staff are employees of the hospital. Many physicians, however, are independent doctors or belong to a separate medical group that has privileges at the hospital. A family may be treated by a doctor who was not a hospital employee, and the claim may then be brought against that doctor, the medical group, the hospital, or more than one of them, depending on what the records show.

This is also why a family should not assume that a claim is impossible just because the doctor was not on the hospital payroll. An attorney can look at who was involved, what role each person had, and which insurance or entity stands behind each. A health system such as Scripps Health, a physician group, and an outside specialist can each be a separate party.

How an independent expert review of a delivery works

Before a family decides anything, a lawyer will usually arrange an independent review by medical experts who have no connection to the hospital. The experts study the complete chart. For labor and delivery, that often includes the fetal heart monitoring strips, which show the baby's heart rate and the mother's contractions over time, and the nursing and physician notes made during labor.

The experts also look at the Apgar scores given at one and five minutes of life, the umbilical cord blood gas results, which show how much oxygen and acid were in the baby's blood at birth, and the NICU or nursery notes about how the baby did in the first hours and days. Brain MRI or head ultrasound reports, seizure monitoring and any cooling treatment records are reviewed too. Together these records tell a timeline of what was seen and what was done.

The expert then answers two questions: whether the care met the accepted standard, and whether any departure actually caused the injury. Many reviews end with the answer that the injury was not preventable, and that is useful information for a family too. A review does not mean a case will be filed, and it does not require you to take any step you are not ready for.

What to do now: step by step

First, take care of your child. Keep every medical appointment and follow your doctors' advice. Then, write down what you remember about the labor and delivery, including dates, what you were told, and the names of the people who explained things to you, in your own notebook. Keep any discharge papers, bills, photos and letters in one place.

Second, request the full medical records for both mother and baby. Ask for the labor and delivery chart and the newborn chart, and ask specifically for the fetal monitoring strips, because they are not always included in a basic copy. Third, speak with a lawyer early. The deadlines in California are strict and vary depending on the type of hospital and on who is making the claim, and some claims have much shorter deadlines than a child's own claim. A conversation is free, and waiting is the one thing that can quietly close doors.

Fourth, if the baby is under three, ask about early intervention right away, without waiting for any legal question to be answered. Fifth, avoid posting about the case on social media, and avoid signing releases or talking to an insurance representative about the birth before you have had advice. Your child's medical care and your family's legal questions can move forward at the same time.

Support for your child and family while the case is reviewed

Therapy and care should not wait. Physical therapy, occupational therapy, speech therapy and feeding support are often started early for babies with movement or developmental concerns. Your pediatrician can refer you to specialists such as a neurologist, a physiatrist or an orthopedic surgeon who treats nerve injuries.

In California, children under three with a developmental delay or a condition likely to cause one can receive Early Start services through the regional center, at no cost to families. Children with serious conditions may also qualify for California Children's Services (CCS), and many families have Medi-Cal for coverage. A hospital social worker or your pediatrician's office can help you apply. Eligibility depends on your child's condition and your situation.

No lawyer can promise an outcome, and a claim is only one part of helping your child. What a review can do is tell you whether the records point to a problem that could be addressed through the legal system, so that you can plan for your child's long-term needs with better information.

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 Mercy Hospital San Diego

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.

Scripps Health handles medical record requests through its Release of Information Center. According to the Scripps website, you can request records through your MyScripps account (choose Request Medical Record), or send a completed Request/Authorization for Health Information form by mail to Scripps Health, Release of Information Center, PO Box 235498, Encinitas, CA 92023, by fax to 760-633-7747, or by email as a PDF to recordsrequest@scrippshealth.org. The Release of Information Department can be reached at 760-633-7746. Scripps says it keeps records of mothers and babies for 25 years. For a birth, ask for both the mother's and the baby's charts, and ask specifically for the fetal heart monitoring strips and the cord blood gas results.

The hospital’s medical records page →

Where a case from San Diego would be filed

A civil lawsuit for a birth injury in San Diego County would usually be filed in the Superior Court of California, County of San Diego. According to the court's website, the Hall of Justice at 330 West Broadway, San Diego, CA 92101 is where the court's Civil Independent Calendar courtrooms and the Civil Business Office are located. The court's website is www.sdcourt.ca.gov. Where a particular case is filed depends on the facts, so your lawyer will confirm the right courthouse.

Superior Court of California, County of San Diego – Hall of Justice (Civil Independent Calendar courtrooms) → — 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 under three who have a developmental delay or a condition likely to cause one. In San Diego County it is provided through the San Diego Regional Center, at 4355 Ruffin Road, San Diego, CA 92123, phone 858-576-2996. The regional center's website is www.sdrc.org, and it has an Apply for Services page at www.sdrc.org/apply. Parents, doctors and other family members can all make a referral. State guidance says the evaluation and plan should be completed within 45 days of referral, and you do not need a lawyer or a diagnosis to ask for an evaluation.

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 · Kaiser Permanente San Diego · Scripps Memorial Hospital La Jolla · Palomar Medical Center Escondido · Sharp Chula Vista Medical Center · Sharp Grossmont Hospital · 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 Mercy Hospital San Diego 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.