Any injury impacts the body and the brain equally, but when it is caused due to somebody’s negligence then necessary steps should be taken immediately.
This is especially relevant in the context of birth injuries that emotionally break down the parents and relatives involved.
Taking legal action may seem a complex trajectory but it is necessary to safeguard the future of the child.
This article is a guide on how to prove it in a birth injury lawsuit. Understanding these steps is necessary, as it can help secure the justice and compensation you deserve.
We’ll explain the process in a clear, simple way to help you navigate this challenging journey.
Establish Duty of Care
First, let’s understand what “Duty of Care” means. In simple words, it refers to the responsibility of the hospital team to provide you with safe and appropriate nursing during pregnancy and childbirth.
It’s a legal obligation that they have to ensure proper well-being and the well-being of your baby.
To establish a “Duty of Care” in a birth injury lawsuit, we need to prove that the healthcare professionals involved were supposed to give you a certain standard of care.
This includes doctors, nurses, or any other healthcare workers who were directly involved in your care.
Breach of Standard of Care
There must have been a “Duty of Care,” and the next step is to show a “Breach of Standard of Care.”
This means that you have to show that the healthcare team did not provide the necessary level of nursing during the pregnancy and birth.
A health worker with a similar background and in the same medical community would have given the same level of attendance as the alleged malpractice if they were in the same situation. This is called the standard of care.
Expert evidence is often needed to prove a breach. Sometimes, this comes from a worker in the same field as the person you’re suing, who can say for sure that the standard of nursing wasn’t met.
For example, if a doctor didn’t move quickly enough when there were signs of distress during labor, an expert could say that a competent doctor would have done so, which would be a breach of the standard of care.
THINGS TO CONSIDER
Not just after giving birth, but inadequate prenatal care, screening for disease, infection or fetal health problems could also be a cause of birth injury.
Causation
To win a birth injury lawsuit, it’s not enough to show that there was a breach of the standard of care but you also need to prove causation.
This means to show that the breach of standard of attendance directly caused the birth wound. If it would have happened even if the standard of care was met, the healthcare professional is not liable.
Proving causation can be tricky, as there could be various reasons for a birth wound.
It might require hospital records, expert testimony, and other evidence to convincingly show a direct link between the negligence and the wound.
Document the Injury
Documenting the injury involves showing that it is real and has had a significant impact on your child’s life.
Records like hospital reports, photographs of physical injuries, and testimonials from pediatricians or therapists can serve as valuable evidence.
Not only should it be documented, but it should also be linked to the breach of duty.
It’s significant to illustrate how it has resulted in physical or mental suffering, additional medical costs, or a decreased quality of life.
Collect Witness Statements
Witness statements provide first-hand accounts of what transpired during the pregnancy and childbirth.
They can come from family members, friends, or anyone else who directly observed the care provided.
Witness statements can strengthen the case by corroborating your claims of negligence.
They offer a different perspective, providing context and potentially revealing additional details.
Remember, the more evidence is compiled, the better are the chances at a successful lawsuit.
Review Medical Records
These medical records have a lot of information about your pregnancy, birth, and any problems that came up.
They can give valuable proof to back up your claim of hospital neglect.
It’s possible that these records contain notes or statements made by the hospital staff that could point to a breach of the standard of care.
A doctor or a healthcare professional should help you read and understand these records because they can be complicated and need a professional’s view to fully understand.
The graph below shows the average value of birth injury lawsuits vs general malpractice cases.
Calculate your compensation
When you document evidence from medical records, it’s essential to calculate the potential compensation for your birth injury lawsuit. These records help quantify damages due to hospital negligence, covering medical bills, future care, and pain and suffering. Here, understanding malpractice caps is crucial, as they may limit the compensation available in your state. So, you should consult a legal expert to ensure your claims align with legal constraints and accurately reflect your damages.
Consult Medical Experts
Consulting experts are necessary to have a medical expert testify on your behalf.
Their professional insights can validate the claims and clarify complex pregnancy situations for the court.
Experts can draw upon their extensive experience to explain how the standard of care was breached and how this breach led to the wound.
If you’re unfamiliar with this process, you can learn more about medical negligence by consulting legal resources or seeking guidance from an experienced hospital malpractice attorney.
Establish Damages
Damages refer to the losses the mother and the child have suffered due to the birth injury. These can be physical, emotional, or financial in nature.
It’s significant to remember that the extent of these damages directly influences the amount of compensation that could be potentially received.
Documentation is key when establishing damages. This might include hospital bills, therapy costs, projected future medical expenses, and even loss of earnings if you had to leave work to attend to your child.
Emotional distress and pain and suffering are harder to quantify but equally relevant.
It’s here that the assistance of a skilled lawyer proves invaluable, helping in navigating this complex process and securing the justice you deserve.
DO YOU KNOW?
Most birth injury cases involve claims for economic damages covering the child’s adult lifespan.
Time Frame Consideration
Birth injury lawsuits are subject to statutes of limitations, which means they must be filed within a certain time period.
This period varies state by state, but generally, it begins from the date of the wound or the date when it was discovered.
The timeline is relevant, as missing the deadline could result in the case being dismissed regardless of its merits.
In some regions, exceptions are made for minors. If it is discovered later in the child’s life, the deadline may be extended.
However, this is usually on a case-by-case basis and is subject to the discretion of the court.
To avoid any risks, it’s advisable to consult with a lawyer as soon as the pain is noticed.
Unraveling the Truth in Your Birth Injury Lawsuit
Confronting a birth injury lawsuit can feel like a challenging mountain to climb.
But remember, every step taken is for the well-being of your child. Keep faith, gather your strength, and stay patient.
With the right guidance and determination, navigating through this complex journey will become bearable.
Courage and persistence will play a vital role in seeking justice for your child’s birth injury.
Did you find the information in this article helpful? If so, be sure to check out our blog for more valuable resources.
