Orange County Birth Injury Lawyer

Orange County Birth Injury Attorney

The birth of a new child should be a cause for celebration, but unfortunately, many families throughout Orange County experience birth injuries in various ways during these events. When a birth injury occurs, it is possible for the effects to last for the rest of the child’s life. It is also possible for a birth injury case to pertain to harm to the mother. An Orange County birth injury lawyer is the ideal resource to consult if your family has experienced any type of birth injury.

Legal Representation for Birth Injury Claims in Orange County, CA

When your family has experienced any type of birth injury, you are likely to have many important legal questions regarding your recovery options and who is to blame for the injury. An experienced Orange County birth injury lawyer is the ideal resource to consult in this situation. The team at Easton & Easton has years of professional experience representing medical malpractice claims in Orange County, and we can put this experience to work in your case.

It’s possible for a birth injury case to pertain to injuries suffered by a child immediately before or during childbirth, and it is possible for a birth injury case to apply to an injury suffered by the mother during childbirth. Some of these cases involve injuries to both, and it is possible for any birth injury to cause a host of severe adverse effects that can impact the family in many ways for years to come.

We Know the Difference Between Honest Error and Professional Negligence

Our firm can immediately begin working on your case by helping you gather any proof you may need to establish fault for your damages. Medicine is an inherently uncertain field in many ways, but there is a major difference between an honest mistake made in a challenging medical situation and an injury resulting from professional negligence. We know how to build a medical malpractice suit and secure maximum compensation for our client’s losses.

Orange County Birth Injury Lawyer

Commonly Cited Types of Birth Injuries in Orange County

The term “birth injury” can apply to many different medical issues that occur immediately before or during childbirth. Some common examples of birth injuries that lead to medical malpractice claims in Orange County include:

  • Injuries from surgical tools. Delivery doctors should use tools such as forceps and extraction devices only when medically necessary, and they should do so only if absolutely necessary. Surgical instruments may cause lacerations and other traumatic injuries to an infant.
  • Cerebral palsy. One of the most common birth injury-related conditions seen throughout the United States is cerebral palsy, a complex condition that can present with various unpredictable and permanent symptoms. This condition occurs from oxygen deprivation and other forms of brain damage before or during childbirth. The effects of cerebral palsy vary from case to case and can diminish childhood development in various ways.
  • Injuries from failure to monitor patient vital signs. During childbirth procedures, attending medical staff need to carefully monitor the vital signs of both the mother and the infant. Failure to properly monitor vital signs could allow a dangerous condition to escalate to a critical level.
  • Medication errors. It is possible for a birth injury to occur due to misapplication of medications, including anesthetics. Doctors must carefully assess a patient’s condition and medical history before administering any medications.
  • Brachial plexus injury. The brachial plexus is the nerve structure around the baby’s neck, upper back, and shoulders. The shoulders are the widest part of the baby that must pass through the birth canal, and if they become stuck and the doctor uses excessive force, this can cause soft tissue and/or nerve damage to the brachial plexus, sometimes resulting in delayed physical development and disability.

These are only a few examples. Any type of birth injury can potentially lead to a medical malpractice claim if the doctor who caused the injury was negligent in their handling of the procedure. If you are unsure whether your birth injury happened because of negligence, it is vital that you speak with an experienced Orange County birth injury lawyer right away.

Filing a Medical Malpractice Case in Orange County

While a medical malpractice case is a type of personal injury case, there are a few rules that apply to these cases that you must understand in order to file the case successfully. First, you must ensure that the incident satisfies the legal definition of medical malpractice. For medical malpractice to occur, a medical professional’s negligence must cause actual harm to a patient. Most medical malpractice cases pertain to failure to meet a patient’s standard of care.

You will need to obtain expert witness testimony from someone who holds the same or greater medical board certifications and experience as that of the defendant. For example, if you intend to sue a board-certified OB/GYN, you must obtain a statement from another similarly experienced OB/GYN who can explain how the defendant in your case failed to meet your standard of care.

This affidavit should explain in detail how the defendant breached the standard of care for the situation, what another reasonable medical professional in the same situation likely would have done instead, and their professional interpretation of the effects of the defendant’s actions. Depending on the severity of the defendant’s negligence, they could lose their medical license and/or face additional penalties alongside their liability for the plaintiff’s damages.

A plaintiff in a medical malpractice suit must also submit a Notice of Intent to File Suit to the defendant in advance of their claim. The defendant has 90 days in which to respond, and during this time, it is possible for the parties involved to begin settlement negotiations. Your notice to the defendant should be accompanied by your expert witness affidavit, and your attorney can help uncover all the various types of compensation you can seek with your claim.

Claimable Damages in a Birth Injury Case

The objective of any personal injury claim is for the plaintiff to be made whole again by recovering compensation from the defendant who caused the injury. The same applies to medical malpractice claims, but there are limits to what a plaintiff may seek from a defendant in this type of claim. While the plaintiff may recover full repayment of their economic damages, they may claim pain and suffering compensation only up to the limit enforced by state law.

Economic damages in your medical malpractice case may include all financial losses resulting from the defendant’s actions. These often include medical expenses and lost income, and your Orange County birth injury lawyer can help accurately calculate these damages. When it comes to medical expenses, the defendant is liable for all necessary corrective treatment as well as future medical care the victim may need to rehabilitate as fully as possible.

When it comes to lost income, a birth injury may force a parent to leave their job to provide constant in-home care for their injured child. Your Orange County birth injury lawyer can help accurately calculate these projected future damages and hold the defendant fully accountable for the financial impact of their actions on your family. Many plaintiffs are surprised at the full value of their claims once they have experienced legal counsel assisting them.

Pain and suffering may seem difficult to assign a monetary value, and state law limits how much a plaintiff can claim in a medical malpractice suit. However, a good attorney will know how to maximize this aspect of your recovery to the fullest extent possible under California law. The sooner you connect with an Orange County birth injury lawyer, the sooner they can begin building your case.

What to Expect From Your Orange County Birth Injury Lawyer

Any birth injury claim can involve many unpredictable variables, and no two cases are exactly alike. With the experienced team of Easton & Easton by your side, you are investing in a seasoned legal advocate who can be readily available to answer your questions and address your concerns as they arise throughout your case. We take time to get to know each client we represent, listening to their story so we can provide the most personalized representation possible.

Our goal for most of the civil claims we represent in Orange County is to settle for as much compensation as possible as quickly as possible to reduce the time it takes for our client to recover compensation for their damages. During settlement, the parties involved attempt to resolve their claim privately, and this is generally much faster than litigation. However, should litigation be necessary, you can rely on our team to represent you in the courtroom.

Your situation can seem overwhelming, but with the right attorney guiding you, you can approach your impending medical malpractice suit with confidence and peace of mind. The team at Easton & Easton has the resources and experience required to handle the most challenging cases, and we can help ensure accountability for the birth injury your family recently experienced.


Q: What Is the Total Value of a Birth Injury Claim in Orange County?

A: A birth injury claim is a form of medical malpractice claim, and plaintiffs in medical malpractice cases have the right to recover compensation for any medical expenses and other economic losses they incur because of a defendant’s actions. They may also claim compensation for their pain and suffering, but state law limits how much they can recover. Your attorney can provide an estimate of the total potential value of your case.

Q: What Is the Statute of Limitations for a Birth Injury Claim?

A: The standard statute of limitations for a medical malpractice claim in California is three years after the date an injury occurs or one year from the date an adult discovers an injury from medical malpractice. There is a separate statute of limitations for birth injuries due to the time some injuries may take to manifest noticeable symptoms. It’s possible to file a birth injury claim until the child’s eighth birthday.

Q: What Happens if a Birth Injury Is Fatal?

A: If a birth injury causes fatal harm to a victim, the surviving family would have grounds to file a wrongful death claim. This type of claim is subject to various conditions and restrictions under the state’s medical malpractice statutes. Only certain parties are eligible to file wrongful death suits, and filing any medical malpractice suit requires meeting strict prerequisites. It’s vital to contact an Orange County birth injury lawyer for this type of claim.

Q: Why Do I Need to Hire an Orange County Birth Injury Lawyer?

A: Hiring legal counsel to represent your case can significantly improve your chance of success with the claim. Additionally, your attorney will know all the various avenues of compensation available to you, and you will be more likely to maximize your final case award with their assistance. Birth injury claims are inherently emotionally stressful, and a legal representative you can trust can manage your case proceedings so your family can focus on recovery.

Q: How Much Does It Cost to Hire an Orange County Birth Injury Lawyer?

A: Many people believe that hiring an attorney would be too expensive, and this, unfortunately, deters many from seeking legal counsel when they need it most. Easton & Easton accepts personal injury cases on a contingency fee basis, so our client pays our firm a fee only if and when we win their case. There is no fee at all if we cannot recover compensation for you, and when we do win, we take only a percentage of your final case award.

Any birth injury has the potential to cause long-term or permanent harm, affecting a family in many profound ways. If you believe the birth injury you experienced resulted from medical malpractice, we can help pursue accountability and compensation for your family’s losses. Contact us today, and we will schedule a free consultation with an Orange County birth injury lawyer and learn more about our firm and how we can help you.

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The superior client service Easton & Easton provides has earned the firm an A+ rating from the Better Business Bureau.

Best Law Firms Orange County 2020

Easton & Easton is honored to have been chosen anew each year since 2014 by U.S. News & World Report and Best Lawyers as one of the "Best Law Firms" for the Southern California Metro Area.

Reader's Choice 2019 Best Law Firm

Easton & Easton is honored to have been chosen by the LA Times Reader's Choice Poll as "The Best Personal Injury Law Firm in Orange County" for 2018.

Top 100 Trial Lawyers

Doug and Brian Easton have been selected as Top 100 Trial Lawyers for California each year since 2014 — honors given to less than 1% of attorneys.

The Best Lawyers in America

Doug and Matt Easton have each been chosen as one of The Best Lawyers in America for Plaintiff's Personal Injury Litigation. Best Lawyers lists attorneys who have earned selection through exemplary legal work that attracts the notice of their colleagues. Lawyers cannot buy their way onto this list.

Top 50 Personal Injury Verdicts in California 2016

Brian and Matt Easton were recently honored for their efforts in securing a $1,850,000 verdict for a client in 2016, which was selected as one of the Top 50 Personal Injury Verdicts in California by

Super Lawyers

Doug and Brian have each been selected by Super Lawyers, an honor given to less than 5% of attorneys. Matt Easton has been selected among Super Lawyers' Up-and-Coming Top 25 in Orange County and Top 100 in Southern Califonia, an honor given to less than 1% of attorneys under 40 years old.

10 Best Personal Injury Law Firms in all of Southern California

Easton & Easton is honored to have been chosen as one of the "10 Best Personal Injury Law Firms” in all of Southern California" each year Since 2015 based on client satisfaction — one of the highest honors we could ever hope to achieve.

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Premier 100 Trial Attorneys for 2015

Doug and Matt Easton have each been featured as Premier 100 Trial Attorneys for California since 2015 — honors given to less than 1% of attorneys.

Multi Million Dollar Advocates Forum

Brian and Matt Easton have each earned lifetime appointment to the Multi-Million Dollar Advocates Forum — The Top Trial Lawyers in AmericaTM through the results achieved for their clients. This is an honor given to less than 1% of attorneys in the United States.

Top Rated Lawyers AV Preeminent

Doug Easton has held the “AV Preeminent” Rating for over 30 years and Matt Easton received this prestigious distinction in 2015. The "AV Preeminent" rating is the highest possible rating for both legal ability and ethical standards, and is based on the legal profession’s oldest peer review rating system, dating back to 1887.

10 Best 2015 Client Satisfaction

Doug, Brian, and Matt Easton have all been chosen as one of the "10 Best" Personal Injury Attorneys in Southern California each year since 2015 based on client satisfaction, an honor given to less than 1% of personal injury attorneys - and Easton & Easton houses three of them.

American Board of Trial Advocate

Brian Easton was selected to the American Board of Trial Advocates (ABOTA) in 2015. ABOTA is one of the most premier associations of trial attorneys and judges, requiring a certain number of jury trials as lead counsel and approval by a majority vote of the ABOTA board.

The National Top 40 Trial Lawyers Under 40

Matt Easton has been selected each year since 2014 as one of the Top 40 Trial Lawyers Under 40 for California by The National Trial Lawyers — an honor given to less than 1% of attorneys.

Avvo Rating Top Attorney Personal Injury

Doug and Matt Easton have each been chosen as one of The Best Lawyers in America for Plaintiff's Personal Injury Litigation. Best Lawyers lists attorneys who have earned selection through exemplary legal work that attracts the notice of their colleagues. Lawyers cannot buy their way onto this list.

Nation's Premier Top Ten Attorney Personal Injury

Both Doug and Matt Easton have been selected as Top Personal Injury Attorneys by Avvo with scores of 10 out of 10 based on their skill, experience, results, peer evaluations, and client reviews.

Nation's Premier Top Ten Attorney Personal Injury

Matt Easton has been selected as one of the Top 10 Personal Injury Attorneys Under 40 in California for 2015 by the National Association of Personal Injury Attorneys — an honor given to less than 1% of personal injury attorneys under the age of 40.

Nation's Top One Percent

Doug, Brian, and Matt Easton have all been selected by the National Association of Distinguished Counsel among the Nation's Top One Percent of Attorneys each year since 2017.

Orange County Personal Injury Lawyer | Costa Mesa Auto Accident Attorney | Catastrophic Injuries

“We look for the human story behind every injury or wrongful death. We prepare our cases for trial; reaching out to the jury with the most compelling evidence possible for the best verdict possible. Insurance companies know this and come to the table prepared to negotiate in good faith. Call us to see how we can turn your story into fair compensation.”

Partner W. Douglas Easton

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Coming out of my first auto accident as an adult, a very difficult and scary time to navigate and understand, I was so incredibly thankful to have been put in contact with Easton & Easton. I honestly was lost with how to handle paperwork, doctors, medical costs and what next steps were, and from the moment I spoke with Travis Easton and my case manager Katie, my mind was put at ease. They have made the entire process stress free for me as I recovered, and I am so grateful for them and their genuine care for my case. Communication from the start has been fantastic, especially making clear what my expectations for the entire process would look like, and I truly believe they have my best interest at heart. 100% I would recommend their firm for anyone that is needing representation! Read more…

Sara McClelland
My experience with Easton & Easton has been amazing! Gabriel Mendoza and my case manager Katie have been so helpful and taken so much stress off my plate. They’ve been super informative and honest and given me very clear expectations. They’ve taken such a terrible experience (my accident) and eased my mind about the outcome. I can’t thank them enough!! Read more…
Caila Dean

Ive used them twice and never been disappointed. Read more…

Lisa Bluemel

The Easton & Easton Law Firm is amazing! The entire team is very helpful and caring. They were always there to answer all my questions. They directed me through the entire process and stayed with me every step of the way. This team is outstanding and were wonderful to work with. Because of the tremendous effort they put on my case they were able to win my difficult personal injury case. I couldn’t have asked for a better law firm to handle my case. They are the Best! Thank you for your patience, professionalism, & guidance! I definitely recommend this firm to handle your case. They go out of their way to fight for your rights. THANK YOU… Read more…

Sofia Sanchez

I could not be more pleased with the services provided by the Law Offices of W. Douglas Easton. The senior partner Mr. Easton took the time to meet with me and my wife while I was still in the hospital, where he gave my family hope that there was light at the end of a very long, and very dark tunnel. Matt Easton then worked my case, and because of his dedication, experience and expertise I received a settlement that was larger than I EVER thought possible. It was truly astounding! Matt and the entire team at Easton & Easton looked out for me throughout my recovery, and in the end they gave me my life back. Five stars is not enough. Thanks Matt! Thanks Easton & Easton! Read more…

Dan Campbell

Brian and everyone at Easton and Easton are simply the BEST at what they do. Brian is thorough, easy to talk to, and truly cares about his clients. If you want a family of attorneys with perseverance and determination to fight for you, give Easton and Easton a call. I am glad I did. Read more…

Kyle Keith

What an amazing law firm, talk about going above and beyond to make such a painful experience go so well. I have referred a co-worker and a family member to them as well and everyone had such a great experience as I had. Read more…

Logan Ross

I can’t say enough amazing things about my experience with Travis Easton at Easton & Easton. Travis and his entire team (Katie, Amy, Dee, Michelle, & Araceli) are phenomenal. It provided me a lot of comfort to know I was being so well taken care of. I was especially impressed that every document for the case was perfectly written and specific to me. Nothing was generic, which shows the level of care and attention they put into each individual case. I had such a great experience and would highly recommend Travis Easton and his firm to anyone going through a personal injury. Travis took a bad situation and made the best of it for me. Thank you again, I’m forever grateful!!


Ashlee A.

Retaining Easton and Easton was one of the best decisions I’ve ever made! From the initial consultation to our final meeting, they were nothing short of exceptional. I was forced to retain their services after firing my previous attorney for not handling the case properly. I dealt with Gabriel and Brian (partner) exclusively throughout the case. They did as promised and were great communicators throughout the entire process. I will recommend them to anyone I know going through a personal injury case. They were ultimately able to untangle the mess caused by my previous lawyer and get a result that I was extremely happy with. Their staff is exceptional as well and provided top notch customer service. Amera was also extremely helpful and easy to deal with as well.

Jeffrey N.

I was in a pretty bad car accident and decided to have Easton & Easton represent me, Travis Easton to be specific. Travis Easton and his paralegal made the whole process effortless. They were so understanding and helpful! The entire thing was a gigantic mess, yet Travis managed to make it run like clockwork. I would HIGHLY recommend Easton & Easton! If you are ever in need of a personal defense attorney Easton & Easton is the firm to represent you!

Mark B.

They are the best law firm in Orange County period. Choosing them to represent me was the best decision of my life.
My life changed in a matter of seconds after a catastrophic spinal cord injury that left me disabled. Brian Easton and his team worked on my case non stop for 3 years and provided me the justice I deserved. I couldn’t have been more content.
I was treated with utmost respect and I felt like I was being represented by a close family member. The responses to my questions were quick and clear. What E & E has done for me is phenomenal.
My sincere thanks to Brian, Matt, Travis, Doug, Gabriel and Amera. They are what they are because of their dedication to provide high quality and professional service to their clients.

Vamsi P.

Brian Easton and his team, Gabe Mendoza and Amera Hajali, helped me during a very difficult time in my life. I had a significant injury from a car accident, and wound up seeking out Easton & Easton when I was having difficulties getting help from my doctors. The Easton team took a lot of stress off of me while acting as my advocates to help me get the care I needed, and saw my case all the way through to a healthy settlement.

They are the BEST!

Jennifer P.

I have nothing but good things to say about Easton and Easton. Brian handled my case professionally and communicated with me effectively throughout the process. He made sure that the process was effortless and as hands free as possible. This was super important for my busy schedule. I highly recommend Easton and Easton if you are ever found in a situation that you need an attorney.

Claudia C.

I would highly recommend Easton & Easton.
I was rear ended on my home and pushed into a semi-truck. I was not sure how to go about even using an attorney.
Brian, Gab and Amera were so good about helping me thru the process and representing me.
I was able to concentrate on getting myself better knowing they had my back, taking care of the details and keeping me informed along the way

Linda M.

The best Law firm by far. I would highly recommend Easton & Easton, LLP and ask for Gabriel Mendoza and staff. He and his colleagues did and exceptional service. Thank you for everything. Job well done!

Ericka P.


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