Proving medical negligence in a birth injury case can be a daunting and complex process, requiring a keen understanding of both medical practices and legal principles. Your birth injury lawyer will begin by establishing that a duty of care existed between the healthcare provider and the patient. In simple terms, this means proving that there was a professional relationship between the healthcare provider and the mother or the baby, thereby imposing a responsibility on the provider to exercise reasonable care.

Medical malpractice lawsuits generally begin by establishing that this duty was breached. This requires showing that the healthcare provider’s actions or lack thereof deviated from the standard of care that other competent medical professionals would have provided under similar circumstances. Generally, this involves obtaining expert testimonies from other medical professionals who can substantiate that the actions taken were indeed negligent or substandard and that they contributed to the child’s injury. Establishing causation often requires evidence that links the negligent act directly to the injury. For example, if a delay in performing a C-section resulted in oxygen deprivation and subsequent brain damage to the baby, medical experts would need to testify that the delay was the direct cause of the injury.

Your lawyer must also demonstrate that the injury resulted in damages. These could include physical damages such as disability, cognitive impairment, or ongoing medical issues requiring treatment. Damages can also include emotional pain and suffering, as well as financial losses such as medical expenses, the cost of future care, and loss of potential earnings.

At TopDog Law, the legal professionals in our network are experienced in handling many kinds of birth injury cases. They will take charge of gathering the necessary evidence, arranging expert testimonies, and seeking the justice and compensation your family deserves for your child’s birth injury.