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Birth Injuries



Childbirth should be a beautiful moment in the life of a family as a mother brings a new child into the world. But, while this moment is beautiful, it’s also an incredibly fragile moment even for the most experienced medical professionals. 

When the medical staff fails to perform their job satisfactorily, whether that be before, during, or immediately after birth, the consequences can be disastrous. The fallout of a birth injury causes pain and trauma for the child and mother at the moment, but can also extend for years or even the entire lifetime of the child.

If you or someone you love has been the victim of a birth injury, you need to have the best team possible by your side to help you through these trying times. 

The Alameda County birth injury lawyers at Law Offices of David P. Kashani, APLC take great care to provide the best services to victims suffering through the tragedy and injustice of a birth-related injury.

Let our firm review your case today. Call to get started.


The moment of birth, as well as the moments immediately before and after, can be an incredibly vulnerable time for both the mother and the child. In these crucial instances, a competent doctor and their staff navigate a minefield of potential problems to deliver a child safely into the world. 

However, an incompetent medical staff can cause injuries that can impact the entire life of the child. 

Potential birth injuries caused by negligence include:

  • Brain damage
  • Birth hypoxia
  • Brachial plexus
  • Cerebral palsy
  • Erbs Palsy
  • Klumpke palsy
  • Failure to perform timely caesarean
  • Breech birth complications
  • Vacuum extraction injury
  • Incorrect medication or dosage
  • Shoulder dystocia
  • Damages caused by lack of oxygen
  • Blindness
  • Deafness

Any single injury can cause a significant amount of pain and agony, as well as completely alter the course of a child’s life or even lead to the child’s death. 

These are incredibly drastic consequences for the negligence of the medical professionals in whose hands rest the life and wellbeing of your child.


The cost of caring for and raising a child is high enough for a healthy baby. For babies who suffer a birth injury during the birth process, those costs skyrocket. 

Not only must the child receive immediate medical treatment following the injury, but often must continue to receive treatment. 

Depending on the severity of the injury, the child may require a lifetime of care. The trauma doesn’t just affect the child. The pain extends to the mother and the rest of the family, who must take responsibility for caring for and raising the child under the most trying circumstances.


A birth injury case is similar to a medical malpractice case, in that it must contain these four elements:

  1. There was an established relationship between you and the doctor for medical care, labor, and delivery.
  2. There is proof that the doctor provided care that was below the standard of care for your baby and that another doctor would not have acted in the same way to cause the birth injury.
  3. There is proof that the doctor’s negligence caused harm to the baby.
  4. You are able to show that the birth injury was directly due to the doctor’s actions during delivery.

Other types of evidence that may be helpful to the case include: medical records, employment records, eyewitness testimony, and expert testimony.

At The Law Offices of David P. Kashani, APLC, our team of Alameda County birth injury attorneys understand the especially trying circumstances involved in dealing with birth injuries. Families face exorbitant medical bills, as well as the special challenge of dealing with insurance companies and the complexity of medical law. 

Our team takes extra care in these circumstances to help our clients through these tough times, doing everything we can to help you provide financially for your family while doing your best to heal and to raise your family.

You aren’t alone in this struggle. Let our birth injury lawyers in California help you and your family. Contact our offices right away so that we can discuss how best we can help you – we serve clients throughout the Bay Area.