Discovering that your child suffered an injury during birth can be one of the most heartbreaking experiences imaginable. Under California law, you may be able to file a medical malpractice claim if negligence (which essentially means the same thing as carelessness) was involved in your child’s injury. However, these cases are especially complex, and establishing liability almost always requires strong evidence and expert testimony.
If you believe medical negligence played a role in what has happened, it’s important to learn about what must be proven and how state law applies to your situation.
How Does Negligence Work in Birth Injury Cases?
Medical professionals in California are held to a specific standard of care, meaning the same level of skill and attention that a reasonably competent provider would have exercised under similar circumstances.
When a healthcare provider fails to meet that standard and a baby is harmed as a result, that may constitute negligence. Common examples of negligence during labor and delivery include, but are not limited to, the following:
- Failing to monitor fetal distress and oxygen levels
- Delaying a necessary C-section
- Misusing birth-assisting tools such as forceps and vacuums
- Administering the wrong medication
- Ignoring signs of maternal infection and/or preeclampsia
- Failing to diagnose complications during pregnancy
A small mistake during childbirth can lead to life-altering
What Legal Elements Do I Need To Prove?
To succeed in a California birth injury case, your attorney must typically prove four main elements of negligence:
- Duty of care: The doctor, nurse, or other healthcare provider had a professional duty to provide appropriate medical treatment.
- Breach of duty: The provider failed to act according to accepted medical standards.
- Causation: The provider’s mistake directly caused the injury to your child or worsened an existing condition.
- Damages: You and your child suffered losses (such as injuries and financial expenses) because of the healthcare provider’s negligence.
The standard of proof in these cases is usually “by a preponderance of the evidence,” which is about a 51% or greater likelihood.
How California Law Affects Birth Injury Claims
California’s Medical Injury Compensation Reform Act (MICRA) sets certain rules for malpractice cases. Notably, it limits non-economic damages (such as pain and suffering) to a set amount that gradually increases each year. However, there’s no cap on economic damages like medical bills, future care costs, and lost income.
You generally have three years from the date of injury or one year from when you discovered the injury to file a malpractice claim, whichever comes first. However, these deadlines can be complicated to determine in many cases, so it’s essential to consult with a medical malpractice lawyer as soon as possible to avoid losing your right to compensation.
What Kinds of Evidence Can Strengthen My Claim?
Your legal team will work to uncover all of the relevant medical records and testimony to prove negligence. Helpful evidence may include:
- Hospital records showing improper care
- Testimony from medical experts in fields like obstetrics and neonatology
- Photos and videos showing your child’s condition
- Test results confirming something like oxygen deprivation or trauma
- Billing statements and treatment documentation
Each piece of evidence helps build a clearer picture of how medical errors contributed to your child’s injury.
Contact an Experienced California Birth Injury Lawyer for a Free Consultation
If your child’s injury was preventable, you deserve answers and accountability. A qualified California birth injury lawyer with The Law Offices of Dr. Bruce G. Fagel & Associates can help you investigate what went wrong, gather the evidence needed to prove negligence, and pursue the maximum financial recovery your family needs for long-term care and peace of mind.
Call (800) 541-9376 today or contact us online to get started with a free consultation.
