Birth Fractures

Birth Fractures Lawyer in Oxnard

Over 50 Years Serving Ventura County Birth Injury Families

A birth fracture is a broken bone that occurs during labor or delivery, most commonly involving the clavicle, humerus, or skull. When that injury results from a delivery team’s failure to meet the standard of care, families deserve to understand their legal options. Schurmer Reese Davies has served injured individuals and grieving families in Ventura and Santa Barbara counties for over 50 years, and we’ve handled birth injury and medical malpractice cases for families throughout Oxnard.

We focus on personal injury and wrongful death claims, including birth injury matters. We know how disorienting a newborn’s injury can be, and we work to give families a clear picture of what happened and whether a claim may be worth pursuing.

If your newborn was diagnosed with a fracture following a difficult delivery, call us at (805) 470-1628 to schedule a free case review with our birth injury team.

Types of Birth Fractures & How They Occur

Clavicle fractures are the most common bone fractures in newborns. They often result from shoulder dystocia, a complication in which the baby’s shoulder becomes lodged behind the mother’s pelvic bone after the head delivers. Contributing factors include macrosomia (a larger-than-average baby), breech presentation, and the use of forceps or vacuum extraction. Humerus fractures can occur when a baby becomes wedged in the birth canal. Skull fractures are less common but carry a higher risk of serious complications.

Parents may notice fussiness or crying when the affected arm is moved, limited or absent arm movement, a drooping shoulder, or an absent Moro reflex on the injured side. Doctors typically confirm the diagnosis with an X-ray or ultrasound. A visible bump may form at the fracture site as the bone heals, appearing anywhere from about ten days to several weeks after birth.

When a Birth Fracture May Be Medical Malpractice

Not every birth fracture results from negligence. Some occur despite appropriate and timely medical care. What matters legally is whether the delivery team met the standard of care a reasonably skilled provider would have applied under the same circumstances.

To succeed in a medical malpractice claim, a family must establish four elements: the healthcare provider owed a duty of care, the provider breached that duty, the breach directly caused the child’s injury, and the injury produced measurable damages. In birth fracture cases, conduct that may constitute a breach includes improper application of forceps or a vacuum extractor, failure to recognize or plan for a documented large baby, and the use of excessive force or traction during a difficult delivery.

California Filing Deadlines & Damages Rules

California’s MICRA damages framework governs both the cap on noneconomic damages and the deadlines families must meet to file a claim.

Filing Deadlines

Under California Code of Civil Procedure section 340.5, a child injured before age six generally has until their eighth birthday, or three years from the date of the malpractice, whichever is longer, to file a claim. Outside that minors’ exception, California generally requires medical malpractice lawsuits to be filed within three years of the injury or one year from discovery, whichever occurs first. California law also requires that a potential defendant receive 90 days’ written notice before a lawsuit is filed. If the birth injury occurred at a public hospital, a separate government claims process generally requires a written claim within six months of the injury.

Damages Cap for 2026

Noneconomic damages (injury claims): Capped at $470,000 for 2026, rising annually through 2034 under Assembly Bill 35
Noneconomic damages (wrongful death claims): Capped at $650,000 for 2026, also rising annually through 2034
Economic damages: Not subject to the MICRA cap; past and future medical costs, rehabilitation, and ongoing care may be recoverable

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$1.2 Million Back Injury
The defendant’s negligence resulted in a hole in the dumpster that the man fell through causing injuries to his lower back.
$950,000 Bilateral Leg Fractures
Settlement on behalf of a disabled gentleman who was seriously injured when a medical transport van driver failed to appropriately fasten his wheelchair to the interior of the van.

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Familiar with St. John’s, Ventura County Superior Court, & the Cases That Come From Both

We’re familiar with the facilities where Oxnard families deliver, including St. John’s Regional Medical Center, and we litigate in Ventura County Superior Court regularly. That familiarity matters when evaluating how a delivery was managed and how a case may proceed. We’ve built a record of successful verdicts and settlements for injured clients and their families across Ventura and Santa Barbara counties.

Every case we take receives the same level of commitment and attention, regardless of its size or value. A birth fracture claim may look straightforward on the surface, but the medical and legal analysis required to evaluate negligence isn’t. We bring the same rigor to these cases that we bring to our highest-value matters.

What Compensation May Cover

A successful birth fracture malpractice claim can pursue both economic and noneconomic damages. Economic damages may include past and future medical costs, physical and occupational therapy, and ongoing care if complications develop. In cases involving permanent injury, compensation for the child’s lost future earning capacity may also be recoverable. Noneconomic damages address pain and suffering up to the MICRA cap applicable in the year the case resolves.

Start with a Free Case Review

We offer free consultations for birth injury cases and represent clients on a contingency fee basis, meaning there’s no fee unless we recover for your family.

Call (805) 470-1628 or reach out online to speak with our team about your child’s birth fracture claim. We can review your case at no cost.

After a Birth Fracture Diagnosis: Healing, Complications, & Next Steps

Most clavicle fractures heal on their own within several weeks. Treatment often involves temporarily immobilizing the arm to limit movement and reduce discomfort during recovery. In rare cases involving severe clavicle or humerus fractures, surgical intervention may be necessary.

One complication families should be aware of involves the brachial plexus, a bundle of nerves running from the spine through the neck and shoulder that controls arm and hand movement. Because the brachial plexus runs close to the clavicle, a clavicle fracture can occur alongside a brachial plexus injury such as Erb’s palsy, a condition causing weakness or paralysis in the arm that may require its own course of treatment.

Even when a fracture appears to be healing normally, a legal review shortly after diagnosis may be worthwhile. California’s filing deadlines for a minor’s malpractice claim run from the date of injury, not from when any long-term effects become clear. Acting early can preserve your family’s options and give us time to obtain medical records and consult with the right experts while the delivery details are still fresh.

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