Expectant parents want their child to be born healthy, and most are not prepared to hear that their newborn suffered a birth injury due to complications during the labor and delivery process. A birth injury occurs when there are complications during this process that cause the baby to have a permanent disability.
As many as 28,000 birth injuries occur in the United States each year, according to Right Diagnosis. When a child suffers a birth injury due to medical malpractice, the parents can take legal action to pursue compensation for damages. However, to prove a birth injury claim, plaintiffs and their attorneys must first show that the case contains the four elements of medical malpractice:
- Duty. Duty means you had an established relationship between you and your doctor for medical care for your labor and delivery.
- Breach of Duty. You must establish that the doctor’s conduct was below the standard of care for your baby's condition. You must prove that another doctor would not have taken the same course of action that resulted in your child’s birth injury.
- Damages. You must prove that harm was caused to your baby and show evidence that your child doesn’t meet developmental criteria. Even if you show that the doctor made a medical error, you must also show that your baby was hurt by the actions of the doctor.
- Causation. To win a birth injury case, you must show the injury was directly caused by the actions of your doctor during delivery.
When building a strong medical malpractice case, birth injury attorneys may gather the following types of evidence:
- Medical records detailing the mother's treatment during pregnancy and delivery, as well as any records of the infant's birth injury and subsequent care
- Employment records for the medical professional named in the lawsuit, including previous complaints
- Eyewitness testimony from nurses, doctors, and other medical professionals who assisted in the delivery
- Expert testimony from obstetricians, nurses, anesthesiologists, pediatricians, economists, life-care planners, and other experts
Do You Have a Birth Injury Case?
If your baby suffered a serious birth injury, the skilled legal team with Holton Law Firm can help you explore your legal options and answer any questions you might have about your potential birth injury case. Contact our Memphis law office today to schedule a free, no-obligation initial case consultation. You can also request a copy of our free eBook, Answers to Parents' Questions About Birth Injuries.