How can I prove the doctor or hospital was negligent in a birth injury case?
In order to prove negligence in a birth injury case in California, the injured party must show that the doctor or hospital in question exhibited a breach of their legal duty of care. This means that it must be established that the doctor or hospital did not meet the accepted standard of care when providing medical treatment or care to the patient. Generally, the legal standard of care is determined by the accepted practices of the medical community in the geographic area, at the time of the injury. To prove the doctor or hospital was negligent, the injured party must provide evidence of the accepted standard of care and show that the doctor or hospital in question fell short of that standard. The injured party must also prove that their injury resulted from the doctor or hospital’s negligence. This means that the injury must have been proximately caused by the doctor or hospital’s negligence, and that the injured party would not have suffered the same injury had the doctor or hospital not been negligent. The injured party may need to use expert witnesses who are knowledgeable about the medical standard of care and its application under the facts of the case. The expert witnesses must be able to explain how the doctor or hospital’s actions departed from that standard and why those departures directly caused the injury. They must also be qualified to provide reliable testimony in court.
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