Medical malpractice claims in infant birth can result in a lifelong disability if the pregnancy is handled carelessly by practitioners. Medical professionals use a mix of technology and their knowledge and skills to make the right decisions during a pregnancy.
Treatment management during pregnancy, labor, and delivery can go awry and end up in a malpractice lawsuit. The attorneys at Rayes & Lwand Injury Lawyers have a history of obtaining enormous settlements from practitioners owing to the losses caused by negligence in childbirth.
The Four Elements of Medical Malpractice in Birth Injury Cases
To sustain an evidence of medical malpractice in birth injury cases, one has to prove certain four factors:
1. Establishing a Doctor-Patient Relationship
It is crucial to note that the very fundamental and the first hurdle in any kind of medical malpractice complaint is being able to establish, or in better words, to demonstrate the existence of a relationship between the doctor and the patient. This relationship results in the doctor’s duty of care. In those cases where there is an allegation of birth injury and this encompasses the mother’s obstetrician, delivery team, and any members of the team while she was under antenatal care.
Documentation such as medical records, appointment histories, and billing information can help establish this relationship. The Raynes & Lawn Trial Lawyer handles Injury law cases by first confirming that this relationship existed and was properly documented.
2. Demonstrating a Breach of the Standard of Care
Healthcare providers must adhere to established standards of care based on what a reasonably skilled medical professional with similar training would do under comparable circumstances. In birth injury cases, this means showing that the doctor, nurse, or other healthcare provider deviated from accepted medical practices.
Examples of breaches in the standard of care include:
- Failure to monitor fetal distress
- Improper use of delivery tools like forceps or vacuum extractors
- Delays in performing necessary cesarean sections
- Medication errors during labor and delivery
- Failure to diagnose or treat maternal infections that could harm the baby
3. Proving Causation Between the Breach and the Injury
Establishing that the healthcare provider’s negligence directly caused the birth injury is often the most challenging aspect of these cases. Medical conditions can have multiple causes, and defense attorneys frequently argue that the injury resulted from natural causes or unpreventable complications.
The Raynes & Lawn Trial Lawyer handles Injury law firm works with medical experts to establish this crucial causal link. These experts review medical records, fetal monitoring strips, and other evidence to determine how the provider’s actions or inactions led to the specific birth injury.
4. Documenting Damages
Finally, families must demonstrate the damages resulting from the birth injury. These damages may include:
- Past and future medical expenses
- Rehabilitation costs
- Specialized equipment needs
- Home modifications
- Lost earning potential
- Pain and suffering
- Emotional distress
Comprehensive documentation of these damages is essential. The Raynes & Lawn Trial Lawyer handles Injury law firm often works with life care planners to develop detailed projections of future care needs and costs.
The Role of Expert Witnesses
Expert witnesses play a critical role in birth injury cases. These medical professionals with relevant expertise provide testimony regarding:
- The applicable standard of care
- How the defendant healthcare provider deviated from that standard
- How that deviation caused the specific birth injury
- The long-term prognosis and care needs
Credible expert testimony is often the determining factor in birth injury litigation. The Raynes & Lawn Trial Lawyer handles Injury law firm has established relationships with respected medical experts across various specialties who can provide compelling testimony.
Thorough Investigation and Documentation
A successful birth injury case requires extensive investigation and documentation. Important evidence includes:
- Complete medical records from prenatal care through delivery and post-natal treatment
- Fetal monitoring strips
- Labor and delivery notes
- Hospital policies and procedures
- Staff credentials and training records
- Witness statements from other healthcare providers present during delivery
Securing this evidence promptly is crucial, as medical records can sometimes be altered or become difficult to obtain as time passes.
Conclusion
In instances of birth injury, the determination of negligence on behalf of a healthcare provider underscores proving the existence of an actual doctor-patient relationship, showcasing the failure to meet a specific standard of care, presenting the actual cause and showing the actual damage done. This analytical activity requires extensive legal expertise.
The Raynes & Lawn Trial Lawyer addresses Personal Injury Lawd by empathetically working with clients to help their children receive the pay they need. If your family has suffered the unfortunate events of a birth injury, it is imperative that you seek qualified legal assistance which will ensure the availability and quality of the resources necessary for your child’s future.
