Oakland And Bay Area San Francisco Birth Injury Lawyer
Last updated on May 12, 2026
The birth of a child should be a joyous occasion, but when a birth injury occurs, it can turn a family’s world upside down. Led by attorney Michael E. Gatto, the team at the Law Office of Michael E. Gatto PC, is deeply committed to standing by families in the East Bay, and throughout California and Arizona these challenging times. We know the heartbreak and frustration that come with birth injuries, and we are relentless in our pursuit of justice.
Our mission is to hold negligent parties accountable, ensuring that no other family has to endure the same pain. With compassion and determination, we fight for the rights of your child and your family, providing the support and understanding you need every step of the way.
Common Types Of Birth Injuries
Birth injuries can range from mild to severe, affecting both the child and the mother. Some of the more common types include:
- Brachial plexus birth injury: This injury affects the nerves around the shoulder.
- Hydrocephalus birth injury: This occurs when fluid builds up in the brain.
- Intracranial hemorrhage: This is bleeding inside the skull.
- Improper forceps use: Incorrect use of forceps can cause injuries.
- Delayed diagnosis of fetal issues: Late identification of problems can lead to harm.
- Delivery room errors: Mistakes made during delivery can be critical.
- Injuries to the mother: Mothers can also suffer injuries during childbirth, including physical trauma and infections.
It’s important to note that not all birth injuries are preventable, but some are caused by negligence on the part of medical professionals. These parties can and should be held responsible for damages you and your child experience.
Factors Contributing To Birth Injuries
Birth injuries can happen for many reasons. Some are preventable, others are not. For instance, factors like a baby’s size or position during labor can make delivery difficult. If doctors fail to follow standard practices in identifying, monitoring and addressing these factors, it may be considered negligence.
Our firm ensures that medical carelessness or recklessness does not go unchallenged. By taking legal action, we can hold bad actors responsible.
My Child Was Born With An Injury. What’s My Next Step?
After a birth injury, talk to your doctor right away. Getting a second opinion can also be necessary. Be sure you retain all relevant documentation, including notes or transcripts of conversations you have with medical staff and administrators. Do not rush to accept a settlement if one is offered, as doing so can adversely affect your legal and financial options.
If you suspect that your child’s birth injury was caused by negligence, it’s important to contact a birth injury attorney as soon as possible. Attorney Gatto offers free consultations to discuss your case and help you understand your options. You do not pay unless we win your case.
What Is The Difference Between Birth Defects And Birth Injuries?
A birth defect is a condition present at birth, often due to genetic or environmental factors. A birth injury, on the other hand, occurs during labor or delivery, often due to medical negligence. Understanding this difference is crucial in determining the right legal approach.
What Damages Can Result From Institutional Error?
When a preventable birth injury is caused by hospital or provider negligence, the consequences can be catastrophic. Institutional error can lead to hypoxic-ischemic encephalopathy (HIE), multisystem organ failure, seizure disorders and other permanent neurological injuries that affect every aspect of a child’s life.
In the most severe cases, the child may not be competitively employable as an adult and may require a protected living environment for life. An experienced attorney can help families pursue compensation that reflects both the medical harm and the lifelong loss of independence caused by a preventable delivery-room failure.
The “Oxygen Deprivation” Crisis: Identifying HIE And Brain Damage
One of the most devastating birth injuries involves oxygen deprivation during labor or delivery. HIE can occur when medical staff miss nonreassuring fetal heart rate patterns on electronic fetal monitoring strips and fail to respond quickly enough.
When prolonged decelerations, poor variability or other warning signs are ignored, the result may be permanent brain injury. A skilled lawyer will examine fetal monitoring records, labor notes and timing issues to determine whether the medical team failed to meet the required standard of care.
How Can Failure To Intervene Lead To Cerebral Palsy?
Not every diagnosis of cerebral palsy is caused by negligence. Some cases are linked to genetic or developmental factors. Others arise because a hospital failed to intervene during a clear period of fetal distress.
When warning signs appear, there is a limited window to perform an emergency C-section or take other necessary action. If that window is missed, the resulting oxygen deprivation may cause lifelong motor and neurological impairment.
How Are Lifetime Costs Calculated In A Birth Injury Case?
The cost of a severe birth injury extends far beyond the first hospitalization. Families may face extraordinarily long-term expenses tied to the child’s care and future needs. Recoverable damages may include:
- 24/7 attendant care
- Specialized life-care equipment
- Wheelchairs and modified vans
- Home modifications
- Ongoing therapies and treatment
- Loss of future earning capacity
A knowledgeable lawyer works to present the full financial picture, not just immediate medical bills.
Why Does Litigation Against Bay Area Hospital Systems Require Experience?
Claims involving large providers such as Kaiser Permanente, John Muir Health and UCSF Benioff Children’s Hospitals can be particularly complex. These institutions have extensive records, internal protocols and aggressive defense teams. A prepared attorney can navigate those challenges and build a case strong enough to hold major hospital systems accountable for preventable birth injuries.
Let Us Help You Seek The Justice You Deserve In California
If your child was born with a birth injury, contact the Law Office of Michael E. Gatto PC, today. Call us at 925-587-9949 or reach out with a message online. We offer free consultations and are committed to helping families in Walnut Creek, East Bay, and throughout California and Arizona.