Birth injuries can have a devastating impact on both the child and the family. If you believe that your child's injury was caused by medical negligence, it's essential to understand the steps involved in proving your case. In this guide, we will outline the key steps to proving medical negligence in birth injury cases and provide some practical tips to help you navigate the process.
1. Understand the Legal Requirements for Proving Medical Negligence
Before you can successfully prove medical negligence in a birth injury case, you need to understand the legal requirements. Generally, to prove medical negligence, you must establish the following four elements:
- Duty of Care: The healthcare provider owed a duty of care to the patient (in this case, both the mother and the baby).
- Breach of Duty: The healthcare provider breached that duty of care by failing to meet the standard of care expected of a reasonably competent professional in the same situation.
- Causation: The breach of duty directly caused the injury to the baby.
- Damages: The injury resulted in damages, such as physical harm, pain and suffering, or financial loss.
It's important to note that proving medical negligence can be a complex and challenging process. Working with an experienced birth injury attorney can significantly increase your chances of success.
2. Gather Relevant Medical Records and Documentation
Medical records and documentation are crucial pieces of evidence in proving medical negligence. You should request copies of all relevant records, including prenatal care records, labor and delivery records, and any records related to the baby's postnatal care and treatment.
These records can help establish the standard of care that was provided and identify any deviations from that standard. Additionally, they can help demonstrate the link between the healthcare provider's actions and the injury sustained by the baby.
3. Consult with Medical Experts
Medical experts play a critical role in proving medical negligence in birth injury cases. They can provide an independent assessment of the standard of care provided and help determine whether the healthcare provider's actions fell below that standard.
Additionally, medical experts can help establish causation by explaining how the healthcare provider's actions directly led to the baby's injury. When selecting a medical expert, it's essential to choose someone with expertise in the specific area of medicine relevant to your case.
4. Calculate the Damages
In order to recover compensation in a birth injury case, you must be able to prove the damages that resulted from the injury. This can include both economic damages (such as medical expenses and lost income) and non-economic damages (such as pain and suffering).
Calculating damages can be a complex process, especially when considering the long-term impact of a birth injury on the child's life. An experienced birth injury attorney can help you accurately calculate the damages and ensure that you receive the compensation you deserve.
5. Seek Legal Assistance from an Experienced Birth Injury Attorney
Proving medical negligence in birth injury cases is a complex and challenging process. Working with an experienced birth injury attorney, like the team at Shamberg, Johnson & Bergman, CHTD, can significantly increase your chances of success. Our attorneys have a deep understanding of the legal requirements for proving medical negligence and can help guide you through the process.
We can help you gather the necessary medical records, consult with medical experts, and calculate the damages to ensure that you receive the compensation you deserve. If you believe that your child's birth injury was caused by medical negligence, contact us today to discuss your case and learn how we can help.