What is obstetrical malpractice and how do I prove it?
Obstetrical malpractice is a type of medical malpractice that occurs during pregnancy, childbirth, or postnatal care. This can include negligence on the part of a physician, nurse, or other healthcare provider. Examples of obstetrical malpractice can include failing to diagnose a condition, giving improper instructions to a patient, or improper use of medical equipment. To prove obstetrical malpractice in California, a plaintiff (the person filing the claim) must show that the healthcare provider failed to meet the accepted standard of care in their field. This means that the provider did not act as a reasonable healthcare professional in the same or similar circumstances would have. The plaintiff must also show that the healthcare provider’s negligence resulted in the injury or harm to the patient. This means that the negligent action must have directly caused the injury or illness. Finally, the plaintiff must show that the injury or illness resulted in damages, such as medical bills, pain and suffering, or lost wages. In California, an expert witness must also provide testimony regarding the standard of care and the breach of those standards. This is important in order to prove that the healthcare provider acted negligently and that this negligence directly caused the injury or illness. If successful, the plaintiff may receive compensation for the damages they suffered due to the healthcare provider’s negligence.
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