The most critical element of a birth injury claim is causation. This means that the injury that caused your child’s disability must have been caused by something the doctor or nurse did or failed to do.
A birth injury can be any trauma that occurs during the birthing process and results in physical, cognitive, or intellectual impairment. When a baby is injured because of something a doctor did or failed to do, it’s called a birth-related injury. Some may even be so severe that they lead to death shortly after birth.
Suppose your child was born with an illness, condition, or disease directly resulting from complications during labor and delivery. In that case, you might be able to file for compensation under a birth injury claim. We know that giving birth is not easy for anyone and often comes with risks and unexpected outcomes.
The 4 Elements of Proving a Birth Injury Claim
A significant percentage of women face complications during childbirth, and some are left with lifelong disabilities due to these issues. In some cases, negligence on the part of doctors can also play a crucial role in the occurrence of such negative outcomes.
To prove your case, a birth injury lawyer must provide evidence showing how your child’s injuries developed. The case must contain four elements of medical malpractice:
1. Duty
The duty element of a birth injury claim refers to the duty of care owed by the doctor or other medical professional. A doctor must have been aware of the risks and dangers involved in the delivery process and must have failed to take reasonable measures to prevent injuries or minimize the effect of injuries that were known to be possible.
2. Breach of Duty
For the birth injury claim to be successful, the doctor or his staff must have breached a duty of care. Each state has a legal duty that doctors must follow when delivering babies. These duties are based on the circumstances and how they apply to a particular case.
The doctor who negligently failed to follow the law in your state could be held accountable for damages you suffered due to his actions. The attorney must show that the doctor or staff member did not follow the procedure at the delivery time.
3. Causation
Woman wearing scrubs walking an incubator through hospital hallways. Image by Hush Naidoo, via Unsplash.com.The most critical element of a birth injury claim is causation. This means that the injury that caused your child’s disability must have been caused by something the doctor or nurse did or failed to do.
In many cases, this means that a medical error caused your child’s illness or condition, and you can file a compensation claim. The attorney will ask questions and review medical records to determine if there is any evidence that supports your claim. Birth injury claims can be difficult to prove, but if you have the right legal team, you can confidently move forward.
4. Damages
The other element of a birth injury claim is damage. This refers to the financial losses you experienced due to the injury. This may include medical expenses, loss of income, and pain and suffering.
Damages can also include compensation for any physical or emotional damage to your child due to the birth injury. This includes pain and suffering, mental anguish, physical impairment, and more.
Supporting Evidence for a Birth Injury Claim
To build a strong case for your child’s birth injury claim, you need to document all of the details of the incident. In case there was a witness who saw what happened and can describe it, it will be much easier for you to convince a judge or jury that your child was injured during birth.
You can also present evidence of any pain or injury your child experienced while in the hospital or after leaving. Photographs and medical records can also help prove that your child suffered due to something that occurred during delivery.
Contact a Lawyer
In addition to providing evidence, it’s essential to work with an attorney familiar with the laws surrounding birth injuries. An attorney who understands the legal system can help you defend the case.
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