Asked in Medical Malpractice and Personal Injury for California

Q: What can I do about because the nurses should be more careful

When my baby was born the nurses while they weight her and cleaning her they injured her. fracture her clavicle arm bone

3 Lawyer Answers
Eliza Jasinska
Eliza Jasinska
Answered
  • Medical Malpractice Lawyer
  • Costa Mesa, CA
  • Licensed in California

A: Please talk to a medical malpractice attorney. Although not all errors and omissions will add up to medical malpractice, an attorney should evaluate all facts of your potential claim for merit.

James L. Arrasmith
PREMIUM
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Answered
  • Sacramento, CA
  • Licensed in California

A: If your baby was injured while in the care of medical professionals, you may be able to file a medical malpractice lawsuit. Medical malpractice occurs when a healthcare professional or hospital fails to provide the appropriate standard of care, resulting in injury or harm to the patient.

To prove medical malpractice in California, you must show the following elements:

The healthcare professional had a duty to provide care to the patient.

The healthcare professional breached that duty by failing to provide care in accordance with the applicable standard of care.

The breach of duty caused the patient's injury.

The patient suffered damages as a result of the injury.

In your case, if you believe that the nurses were negligent in their care of your baby and caused her injury, you may want to consider contacting a medical malpractice attorney in California. They can help you determine if you have a case and guide you through the legal process.

You may also want to file a complaint with the California Board of Registered Nursing, which is responsible for regulating the practice of nursing in the state. The board investigates complaints of nursing misconduct and can take disciplinary action against nurses who violate the nursing practice act.

It's important to act quickly, as there is a statute of limitations on medical malpractice claims in California. Generally, you have three years from the date of injury to file a lawsuit, although there are some exceptions to this rule.

Tim Akpinar
Tim Akpinar
Answered
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: I'm sorry about your baby's injury. I hope she is okay. In terms of what you could do, a starting point could be arranging a free initial consult with a med mal attorney. They could evaluate in detail and advise meaningfully. Good luck

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