An action for a birth injury in California needs to show deviation from medical standards

Sacramento, CA – Going through the experience of having a newborn child injured is one of the most devastating things that parents may have to deal with. The process to hold the doctors and staff accountable for these injuries requires specific proof of several elements of negligence under California law. If the victim proves all of these elements, they will be compensated based on their actual injuries. 

California’s laws about medical negligence and birth injuries

California law requires that the victim prove negligence during any medical procedure related to the birth of the child to prevail in a lawsuit related to a birth injury. The specifics of medical negligence cases in the state require evidence that the doctor violated the best practices or accepted courses of action in the field. This is essentially another way of proving a deviation from the required standard of care that is the first element of any civil negligence case. This deviation of the accepted standards is called a breach of a duty of care, which is the second element in a negligence case. 

Because establishing causation can be another complex element in these situations, an expert witness or other professional will usually try to provide evidence through testimony and other means that mistakes were the direct cause of the injury. 

Damages are the final element of any negligence case, and they are often the most important to any victim because this is how their losses are paid. These amounts can vary greatly based on the severity of the injuries. In most situations, if the child’s quality of life will be permanently affected, there will be a much larger potential damage award available, because they may not be able to function normally and work to earn wages as they get older. These are all tangible economic losses that must be paid for by the defendant. 

Time limits to bring a case

The state’s statutes and laws also list a specific time limit for these actions to be brought. California’s rules of civil procedure say that the case must be brought within either one year of the discovery of the injury, or within three years from when the injury actually occurred. The only exceptions to this rule involve cases of fraud or other foreign bodies discovered in the victim at a later time. Because this is a fairly short time limit, victims should look into getting legal help as soon as possible. 

Learning more about lawsuits and remedies

USAttorneys.com is a site that is designed to make finding a local legal professional easy. Victims who have had to deal with the consequences of a birth injury in Sacramento or any other city can use the listings to find the right lawyer based on their needs.