What Do You Need to Prove Medical Malpractice in a Birth Injury Case?

 Posted on November 22, 2021 in Birth Injury

Doctors, nurses, surgeons, pharmacists, and other medical professionals are held to a high standard when it comes to patient care. Something as simple as misinterpreting a laboratory test result or ignoring an elevated fetal heart rate can have disastrous consequences – especially during pregnancy and birth. If you or your baby were harmed by suspected medical negligence, you may be able to take legal action to hold the party who was at fault responsible and recover financial compensation for your damages. However, to bring a successful birth injury claim, you will need compelling evidence.

Elements of a Birth Injury Case

Doctors and other medical professionals cannot prevent every tragedy. However, they do have a legal obligation to provide competent medical care to their patients.

When a mother or her child are harmed during pregnancy, labor, or delivery by a medical mistake or oversight, a victim or their family members may choose to bring a medical malpractice claim against the liable party. The at-fault party may be an individual medical provider or a medical facility such as a hospital. To be successful, the plaintiff in a birth injury case must prove:

• The injured party was owed a duty of care by the defendant

• The defendant breached the duty of care

• The plaintiff’s injuries were caused by the breach of care

• The plaintiff’s injuries resulted in damages such as additional medical bills or funeral expenses

Evidence Commonly Used in Birth Injury Lawsuits

As with most medical malpractice claims, the strength of a birth injury claim is largely determined by the evidence backing the claim. Medical records such as diagnostic test results, ultrasounds, prescriptions, and doctors’ notes may be used to support a claim of medical malpractice.

Another crucial form of evidence in a birth injury case is testimony from medical experts. A medical expert can assess the actions taken by the defendant and determine whether those actions met the medical standard of care. An expert can explain how the defendant’s actions may have caused the injuries or death. Expert witnesses do not decide the outcome of the case; however, their input is highly regarded and can significantly impact the case's outcome.

Expert witnesses may include:

• Obstetricians

• Pediatricians

• Neonatologists

• Nurses

• Hospital administrators

• Perinatologists

• Pathologists

• Other medical professionals who can provide insight into the circumstances of the injury or death.

Contact a Chicago Birth Injury Lawyer

If you suspect that substandard medical care caused you or your baby harm, contact the Cook County medical malpractice attorneys at Birth Injury Law Alliance, Ltd. for help. Our team can evaluate your case and help you determine if medical negligence is to blame for the injuries. If you were the victim of medical malpractice, we can help you understand your options for making sure you will have the financial resources you need to ensure that you, your child, and your family can recover from your injuries. Call 312-462-4200 for a free consultation.

Source:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3088386/