Who can file a birth injury lawsuit?
Anyone can file a birth injury lawsuit in California if they believe that a medical professional acted negligently and caused harm to a newborn or a mother in the course of labor or delivery. To bring a medical malpractice case, the plaintiff must prove that the medical provider made a mistake, failed to meet accepted standards of care, or acted irresponsibly and that the mistake or negligence caused injury to the child or mother. In California, a birth injury lawsuit is typically brought by the parent or legal guardian of the injured child on behalf of the child. A parent or legal guardian can also file a suit if the injury was caused to the mother during labor and delivery. The parent or legal guardian will need to prove that the doctor or nurse was careless or acted in a reckless manner that caused harm. In some cases, a birth injury lawsuit can be brought by the child when they reach the age of majority. The child can also bring the case directly in some circumstances, such as when the medical provider acted negligently and violated the state’s medical malpractice laws. In California, a birth injury lawsuit must be filed within a certain period of time, known as the statute of limitations. It is important to contact a qualified attorney as soon as possible following a birth injury so that your legal rights can be properly protected.
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