Perinatal Asphyxia Attorney in Oxnard
Birth Injury Results That Speak for Themselves. Free Consultations for Ventura County Families.
Perinatal asphyxia occurs when a newborn is deprived of adequate oxygen before, during, or immediately after delivery. When that deprivation results from a failure in medical care, families may have grounds for a medical malpractice claim. The legal stakes are high, and so is the medical complexity. Families navigating a perinatal asphyxia diagnosis need counsel that understands both.
Schurmer Reese Davies is a family-owned personal injury firm that has served injured individuals and grieving families in Ventura and Santa Barbara counties for over 50 years. Our track record in birth injury and medical malpractice includes a $2.25 million settlement for a baby who suffered a brain injury due to physician and nursing negligence, and a $1.5 million settlement for a baby injured by a physician’s failure to perform a timely cesarean section. Past results don’t guarantee future outcomes, but they demonstrate what our firm brings to this kind of case. We handle the legal complexity so families can focus on their child’s care.
If your child suffered a birth injury in Oxnard or anywhere in Ventura County, contact us today. Reach our team at (805) 470-1628 to request a free case evaluation with no obligation and no fees unless we recover compensation for you.
Why Ventura County Families Choose Schurmer Reese Davies
We have been advocating for injury victims and their families in Southern California for more than 45 years, pursuing claims through both negotiation and courtroom litigation. We’ve secured multiple significant settlements and verdicts across medical malpractice and birth injury matters, and we bring that experience to every perinatal asphyxia case we accept.
Our attorneys hold an Avvo 10.0 Top Personal Injury Attorney rating and a SuperLawyers designation, and we are members of the American Association for Justice and Consumer Attorneys of California. More than credentials, though, it’s our approach that sets us apart: clients, regardless of case size, receive the same level of attention and commitment. We assess settlement opportunities from the outset while simultaneously preparing for litigation. When insurers don’t offer fair compensation, we’re ready for trial.
Start with a Free Case Evaluation
You pay nothing to learn where your case stands. We handle perinatal asphyxia claims on a contingency fee basis, meaning there are no attorney fees unless we recover compensation. Our team stays responsive throughout the process so you know what’s happening with your case.
Call (805) 470-1628 to speak with a perinatal asphyxia attorney serving Oxnard and the surrounding Ventura County area.
Compensation Available in a California Birth Injury Malpractice Case
A perinatal asphyxia malpractice claim in California may cover a wide range of losses. Economic damages include past and future medical expenses, long-term care and rehabilitation costs, therapy and specialized education needs, home or vehicle modifications, and the child’s lost earning capacity over a lifetime. These damages aren’t capped under California law, and for a child facing decades of specialized care, they are typically the primary driver of case value.
Non-economic damages, including pain and suffering, are subject to statutory limits under California’s Medical Injury Compensation Reform Act (MICRA), as updated by AB 35. The cap is $470,000 for non-fatal injury cases and $650,000 for wrongful death cases, with both figures increasing annually until reaching $750,000 and $1 million, respectively, after which annual inflation adjustments apply. When a case involves multiple categories of defendants, such as an individual provider, a hospital, and an unaffiliated entity, California law may allow a separate non-economic cap to apply to each defendant category, which can substantially affect the total recovery available to the family.
Filing Deadlines for Perinatal Asphyxia Claims in California
California medical malpractice claims are governed by Code of Civil Procedure section 340.5. As a general rule, when the injured patient is under age 6, the claim must be filed within three years of the alleged wrongful act or before the child’s eighth birthday, whichever provides the longer period. The specific deadline in any individual case depends on its circumstances, so early legal review is essential.
Before a lawsuit can be filed, California law requires the plaintiff to serve a 90-day notice of intent to sue on each healthcare provider under CCP section 364. Serving this notice within the final 90 days of the limitations period tolls, or pauses, the deadline by an additional 90 days. When the delivery occurred at a publicly operated hospital, the California Government Claims Act imposes a separate requirement: a written claim must be filed within six months of the injury before any lawsuit can proceed. That shorter window makes early consultation particularly critical.
The extended minor-plaintiff deadline can create a false sense of security. Fetal monitoring strips, delivery records, and the recollections of attending staff all become harder to obtain and interpret as time passes. Acting early can help preserve the evidence needed to build the strongest possible case. We monitor legislative developments affecting how birth injury claims are handled in California and keep our clients informed of any changes that may affect their situation.
Decades of Experience
Millions of Dollars Recovered for
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“- Debbie C.
I love this firm. They are so kind and supportive throughout the process. I have used them multiple times and am always satisfied with the outcome. I cannot stress enough how grateful I am. If you’re in need of representatio
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“This is my second time coming to these guys. I definitely recommend them. They’re always on top of things. They definitely get the job done and more thank you guys for everything.”- Jesus C
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“Thanks for guiding us through this difficult moment. You guys where there step by step keeping us updated.”- Victor R
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“I was recommended to come here and don’t regret it . I was treated very nicely and they kept me updated with everything that was going on with my case. Highly recommend!”- Getsy I.
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“Their team from the beginning was professional. Guided us through the process with the most dedication from the first day to the last. Thank you to all who helped on this matter.”- Brando E.
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“Schurmer Reese Davis attorneys at law is a great place to go if you need legal help. They’re very helpful and I strongly recommend them. Will definitely use their services again if I ever need help.”- Tony P.
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“They are amazing. They were the only ones that took the time to listen to us and help get our case resolved.”- Pearl V.
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“They are tremendous at communication and genuinely advocate for your legal issues.- Robert V.
HIGHLY RECOMMEND!”
