Family Law Questions? Ask a Family Lawyer Online.
California has a law that presumes lack of due care if the violation of any state statute leads to an injury. If the baby's legal guardian or guardian ad litem (a guardian appointed to appear in court on behalf of a child) can prove at trial that the defendants in the case violated CA's mandatory abuse reporting statute and that the violation caused injury, then the guradian has established a basis for civil liability.
So you need a family law attorney to help you become the guardian and then you can sue on behalf of the child using a medical malpractice attorney. California’s statute of limitations for medical malpractice lawsuits can be found at California Code of Civil Procedure section 340.5. This kind of case must be brought “within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury,” or within three years of the date of the injury, whichever comes first.
You can use the form at the link above to have a ad litem appointed until you can be the official guardian and replace the ad litem. The ad litem can then file the suit in a timely manner.
Yes, I can help you by email. It would be under the same terms and conditions as above. Please let me know what further assistance you would like so that I can send you a quote for additional services.