Birth Injury Lawsuits Explained

The birth of a child is a potentially dangerous and stressful experience, however families expect their medical professionals and doctors to provide a high level of care. If they fail to do so, birth injuries can be devastating to families.

Contact a milton freewater birth injury attorney injury attorney for assistance when you suspect that your child suffered an injury that could have been prevented during birth due to medical malpractice. Professionals with a good reputation will assess your case for free and charge no upfront fees. In order to prove your claim, you must establish the four elements.

Duty of Care

The birth of a child is one of the most exciting and memorable moments in the life of a person. However, the birth procedure can be very stressful for parents who have medical errors result in serious injuries to the baby during labor or delivery. These mistakes could be irreparable and make a family endure a lifetime of difficulties.

Medical professionals and doctors have an obligation under law to treat their patients with the same level of care and expertise that is expected from health care professionals of similar professions in similar situations. This is known as the duty of care. If you want to prevail against a healthcare provider who is at fault it is necessary to prove that the medical professional breached this duty. This typically involves proving how the medical professional's actions or lack thereof, differed from what a competent and reasonably trained medical professional would do in similar circumstances.

The second element of a negligence claim is the causation. You must show, via medical documents and expert testimony that the at-fault provider's breach of duty caused the injury to your child. For example, a doctor might not have been able to observe your child's vital indicators during labor and birth. This could have caused brain damage from prolonged oxygen deprivation.

Damages are the final element in an effective negligence case. You must prove that you and/or Vimeo your child suffered genuine, quantifiable losses as a result of the healthcare provider's lapse in their duty of care. This typically includes future and past medical expenses, lost wages, and non-economic losses like pain and suffering.

Causation

Medical professionals are required to patients to provide treatment consistent with the standard of care in their specialization. If a physician or nurse is not able to meet this standard of care, it could cause injury to the patient and result in an action for damages. To win a case involving birth injuries, a lawyer must prove that the breach of duty caused your child's injury. This must be proved using evidence such as medical records and expert testimony.

It is also important to establish that your child would not have suffered the injury even if the medical professional performed the required standard of care. Medical experts are called to review the case and give their opinion regarding whether or not the hospital or doctor did something that was inconsistent with accepted medical practices.