Every expectant parent wants their child to be born healthy. No parent is ever prepared to discover that their new bundle of joy suffered a birth injury due to negligence on the part of the medical practitioner in attendance.
Thousands of birth injuries occur in the U.S each year. When a child suffers a birth injury as a result of medical malpractice, the parents may consider taking legal actions in order to pursue compensation for the resulting damages. However, to win your birth injury claim, you must prove negligence by demonstrating these three elements:
Proof of doctor-patient relationship
First and foremost, you must prove that there was a patient-doctor relationship, and that you were the patient under the care of a specific healthcare provider or facility. A comprehensive medical record will show proof that you had medical appointments and underwent care at the hands of the doctor or medical facility in question. In the case of a birth injury, a medical record will contain information about your labor and delivery experience.
Breach of care
Once you have established a doctor-patient relationship, you must demonstrate that the doctor or health care facility breached their duty of care towards you. Remember, your doctor has a legal and ethical obligation to provide you with the care you require to have a safe delivery. To prove that you did not receive the appropriate care during your child’s delivery, you may need expert testimony. The question you need to answer is: what was expected of the medical care given the circumstances of your situation?
Provide evidence of injury
To prove a birth injury, you must provide evidence showing that your child indeed suffered an injury during birth and that the healthcare provider or facility had something to do with this injury. Were you given any medication during the pregnancy period that resulted in the baby’s injury? Did the injury happen during the birth process? Again, you may need expert testimony at this stage.
Proving birth injury can be a daunting task. In some situations, the child’s injury may not be apparent until months or even years after delivery. Knowing how to prove negligence in a birth injury case can help you file a competent lawsuit and win the award you deserve for your damages.