What are the elements of a birth injury claim?

A birth injury claim in California can be based on a variety of different elements. Generally speaking, the four main elements of a birth injury claim are negligence, causation, damages, and a recognized injury. First, the party responsible for the injury must be negligent in their care. This means that they either failed to provide the appropriate standard of care or acted in a careless manner that led to the injury. Second, there must be a causal connection between the negligent action and the injury. This means that the injury would not have occurred if not for the negligent act. Third, the injury must be accompanied by damages, or some quantifiable loss. This could be physical, psychological, or economic. Finally, the injury must be recognized under the law. This could be an injury that can be seen, such as a fractured bone, or an injury that is less visible such as a delay in development. All of these elements must be present in order for a successful birth injury claim to be filed in California. Knowing the basics of this law is essential in order to seek justice in such cases.

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What are the elements of a birth injury claim?

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