What is a birth trauma case?

A birth trauma case is a legal claim which is made when a baby is injured during labor and delivery, or shortly afterward. Birth trauma cases are usually brought against the doctor and/or hospital where the delivery took place if negligence or carelessness can be proven. In California, birth trauma cases typically fall under the legal umbrella of medical malpractice, or medical negligence. Examples of injuries which may lead to a birth trauma case in California include physical trauma caused by medical instruments, oxygen deprivation, a lack of proper medical attention during labor, improper use of medication, and a delay in performing a C-section. A successful birth trauma case is typically one in which the medical practitioner’s negligence is proven leading to the baby’s injury. When a birth trauma case is successfully proven, the victim may file a claim to recover damages, such as medical expenses, loss of income, pain and suffering, and/or mental anguish. In California, a parent or legal guardian must represent the baby’s interests. The statute of limitations for filing a birth trauma case in California is usually two years from the date of the incident, or two years from the date of the baby’s injury.

Related FAQs

Are there any states that have special laws concerning birth injuries?
What is obstetrical malpractice and how do I prove it?
What is the purpose of a standard of care in a birth injury case?
What kind of compensation can I receive for a birth injury claim?
What is medical negligence and how can it be used in a birth injury claim?
What is the difference between a birth injury and a medical negligence claim?
What is a birth trauma claim and how can it be used in a birth injury lawsuit?
What is the difference between a birth injury and a medical negligence claim?
What is a medical negligence claim and how can it be used in a birth injury lawsuit?
What is a breach of duty in a birth injury case?

What is a birth trauma case?

Related FAQs

Related Blog Posts