Birth Injuries Attorney San Ramon
The announcement of a pregnancy is always cause for joy in a family. A new arrival is exciting, and for many, a blessing. Families immediately go into planning stages, buying necessities for the pending birth, picking out names, decorating the nursery, buying toys, and clothing. There is no question that a birth injury in San Ramon, or defect associated with medical negligence, can be more than devastating.
It is a statistical fact that in the United States, a baby is born with a birth defect every 4.5 minutes. Approximately 1 in every 33 babies is born with a birth defect. 1 our of every 5 infant deaths are attributed to birth defects, and those who do survive, have a great chance of illness and/or long term disability than those babies born without birth defects.
Not every birth injury in San Ramon can be associated with malpractice, however, there are always going to be some that can. Medical malpractice can be simply summed up as, professional negligence by act or omission by a healthcare provider or medical practitioner in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient with most cases involving medical error.
When an individual is alleging negligent medical malpractice resulting in a birth injury in San Ramon, 4 elements must be proven.
- A duty of care was owed by the physician or healthcare provider
- The physician or healthcare provider violated the applicable standard of care
- An individual suffered a compensable injury
- The injury was caused in fact and proximately caused by the substandard conduct
The burden of proving these is on the plaintiff in any malpractice lawsuit involving a birth injury in San Ramon, and which is why only an attorney or law firm who specializes in this area should be employed. A malpractice suit can be very complex, and take time, therefore it is not an area that any individual should attempt alone.
Some common causes of medical malpractice in California include:
- Anesthesia errors
- Surgical errors
- Hospital infections
- Failure to diagnose a disease
- Post surgical infections
- Medication errors
The time frame in which you have to file a medical malpractice suit is called the “statute of limitations.” Depending on the state, you often have between 6 months and 2 years to file. If you do not file the lawsuit within the “statute of limitations” for your state, the court will dismiss the case.