How To Prove a Doctor’s Negligence Resulted in a Birth Injury

July 21, 2023 Posted In Personal Injury

When complications arise during delivery and result in a birth injury, it can be devastating for the entire family. In cases where medical negligence is suspected to have played a role, it is essential to seek justice and hold responsible parties accountable. Proving a doctor’s negligence can be a complex and emotionally challenging process, but with skilled legal support and taking the following steps, it is possible to prove a doctor’s negligence resulted in a birth injury.

Documentation and Medical Records

Detailed documentation is crucial in establishing a timeline of events and identifying any potential errors made by the medical staff. Write down a description of the events that occurred as soon as you can. Gather copies of all medical records related to the pregnancy, labor, and delivery. This includes prenatal care, ultrasounds, medical tests, notes from healthcare providers, and records from the delivery room. 

If there were any witnesses present during the delivery, such as nurses, medical assistants, or family members, their testimonies could be valuable in supporting your claim. They may have observed the actions or behavior of the medical staff, which can help build a more comprehensive case.

Seek a Second Medical Opinion

Consulting another qualified medical professional who specializes in birth injuries can provide an objective assessment of the case. A second opinion can help determine whether the medical treatment provided during the labor and delivery was below the accepted standard of care and if it contributed to the birth injury.

Speak to a Birth Injury Attorney

To navigate the legal complexities of proving medical negligence, seeking guidance from a reputable Riverside Medical Malpractice Attorney is vital. An experienced lawyer can evaluate your case, help you gather evidence, hire experts, negotiate with insurance companies, and represent your best interests in court if necessary.

Establish the Standard of Care

One of the critical elements in proving medical negligence is establishing the standard of care that should have been provided in your situation. This standard is typically based on what a competent and skilled medical professional would have done under similar circumstances. Comparing the actual care provided to the standard of care can help identify deviations and potential negligence.

Causation

It is not enough to demonstrate that a doctor breached the standard of care; it must also be established that this breach directly caused the birth injury. This can be a challenging aspect of the case, as birth injuries may have multiple causes. Medical experts and specialists can help establish a clear link between the doctor’s negligence and the resulting injury.

Evidence of Damages

In a birth injury lawsuit, the plaintiff (injured party or their representative) must demonstrate that they have suffered measurable harm or damages as a result of the defendant’s (at-fault party’s) actions. Without proving damages, there is no basis for seeking compensation or remedies through the legal system.

Birth injuries can result in significant physical, emotional, and financial burdens that may last a lifetime. Working with a skilled legal team is crucial to ensure that all damages are properly assessed. There must be meticulous documentation of the child’s current and future medical expenses, rehabilitation costs, necessary assistive devices or accommodations, and the parent’s loss of income. The pain and suffering endured by the child and the emotional distress experienced by the family should also be considered. Maintaining a journal or diary detailing the child’s progress, challenges, and daily struggles can serve as persuasive evidence in court or during negotiations to highlight the ongoing effects of the birth injury. 

Birth injury cases are complex, and insurance companies may try to downplay the damages to limit their liability. A trusted Riverside Injury Attorney can advocate effectively on behalf of your injured child and your family.