Healthcare is a complex setting where doctors and other medical professionals are striving to increase the health outcomes of patients. Unfortunately, medical malpractice and accidents are also becoming common in healthcare settings. Birth injuries are most common in the healthcare sector. Every year, over 28,000 children are born with preventable birth injuries caused by medical negligence. No parent would want their newborn child to get exposed to these birth injuries. On the other side, these injuries also range in severity. Some injuries are treatable. At the same time, some injuries like cerebral palsy or dislocated shoulder can leave your child with a lifetime disability.
However, you can file a lawsuit for the birth injury case against the medical professional’s malpractice. The legal action can allow you to pursue compensation for the injuries you can use to treat your child. Meanwhile, unlike traditional injury cases, birth injury cases are significantly different. The birth injury cases also demand evidence and witnesses to prove the doctor’s negligence that resulted in a birth injury. You can take this evidence to civil justice to earn financial recovery. With that said, let’s discuss five types of evidence that you will need to pursue your birth injury case.
1. Medical Records
When it comes to lawsuits, medical birth injury cases rank top because of the complexity and technical evidence. While going for the suit, it is essential to bring the medical records for your case. These records must include everything from the date of admission to the hospital to the mother’s treatment during pregnancy and delivery. It is important to note that the strength of your case depends on the number of technical pieces of evidence. So, make sure to discuss all medical records with your birth injury lawyer beforehand. These lawyers specialize in birth injury cases and will provide access to strengthen your case and achieve financial compensation for others’ negligence.
2. Duty
The subsequent necessary evidence that you need to bring to civil justice is the medical professional’s duty. This evidence involves the medical professionals providing you the treatment during the labor and the delivery of your infant. You must show that the defendants had the duty to provide necessary care yet failed because of negligence or other causes. On the other hand, you can also justify a breach of duty that led to a severe outcome on the newborn baby’s health. These will involve everyone from a doctor, nurse, midwife, or other medical professionals that owe a medical duty to the mother in labor.
Moreover, your attorney will also discuss the course of action for the doctor’s duty that could have saved your child from injuries. Providing this evidence will strengthen your case and increase the chances of gaining financial compensation.
3. Damages
Your birth injury attorney will also consider the damages as part of your lawsuit for the malpractice. Damages involve all the harm caused by the accident or negligence of the medical professionals to your newly born baby. You must provide all the reports that support that your child’s health does not meet the development criteria and on-site negligence has caused the injuries. Your attorney for the lawsuit will discuss all the details for the actions and duty performance that may have caused the damages.
The main reason behind it is that the defendant’s party will also try hard to falsify your malpractice claims. In this case, it is essential to consider all elements that will support your lawsuit. An expert birth injury lawyer will review all the facts for damages and prepare the case to help you achieve the malpractice claim.
4. Eyewitness Testimony
While filing a claim for malpractice for the birth injury, you may also need an expert witness to support your claim. That does not mean that the documents like medical history, records, or doctor expertise will not serve a benefit to your case. However, incorporating multiple elements will enhance your case towards success. You can consider eyewitness testimony that saw that the defendants failed to provide the essential medical care and caused injuries. The expert witness must work alongside the case progress by studying the other evidence and testify the breach of the duty. On the other side, witnesses also choose to rely on their formulation while working on duty. Or they can study the facts from the evidence documents such as medical records and more.
5. Demonstrating Causation
Causation is also an essential link for proving your damage claims and achieving financial support. The causation is a direct defendant’s practice that led to the injuries. Moreover, the defendants can also respond with the claims that the child already had damages and congenital disabilities. For that instance, your lawyer may need a medical expert to testify the causation of practice that led to the birth injuries and proves the medical professional’s negligence.
Final Words
Building a strong case against the birth injuries will involve all the evidence from the labor and delivery of the newborn baby. Be it the doctor’s appointments, follow-ups, or the medications that the mother has been taking. Every element will strengthen your case and help you to achieve your financial claim. The first thing you need to do before filing the claim is to consult the birth injury lawyer to discuss your case and its strength.