How Do You Prove a Birth Injury?

Each year, children are born with preventable birth injuries due to medical negligence. If your family has been affected by a birth injury, it's time to meet with an attorney. Here's what you need to know.

Approximately 28,000 children are born with a birth injury each year. These injuries can range in severity. Some children may be born with a dislocated shoulder or serious bruising. Others may have long-term damage, including brain damage that occurred during the birthing process. Birth injuries are not a common occurrence and may be due to medical negligence. If you suspect that your child has been injured as a result of poor medical care provided by your hospital's doctors or nurses, it's time to act. Here's what you need to know about proving a birth injury and moving forward with a medical negligence case.

1. Show proof that you were a patient.

The first thing you need to do is prove that you were a patient under the care of a specific doctor or nurse. You can do this simply by providing a copy of your medical records to your attorney. Your detailed medical records will show notes from your visits with your doctor and his team. Additionally, your records will have detailed information about your labor and delivery experience with your child. You can also provide a copy of medical bills from your doctor or statements from your insurance company.

2. Demonstrate the breach of care.

When it comes to medical care, your doctor has a legal and ethical obligation to provide you with effective and appropriate care. Your attorney will discuss your medical case with you to determine when the breach of care occurred, as well as how the injury could have been prevented. In order to prove that you were not given appropriate medical care and assistance, your lawyer may choose to review your records, talk with witnesses, and even consult with an expert in the medical field.

3. Provide evidence of the injury.

In order to prove a birth injury, your attorney will need to show evidence of your child's birth injury. Your attorney will argue that the medical care provided by your physician or nurses was inadequate and that it led to your child's injury. Proving an injury can be challenging, which means it's very important to provide your attorney with as much information as possible about your experience. If you were given prescription medication during your pregnancy that led to the birth injury, for example, provide your attorney with the name of the medication and any notes from your doctor. If the injury occurred during the birthing process, provide your lawyer with a copy of those records.

When you're ready to start moving forward with your birth injury case, call a lawyer to schedule your consultation. Your attorney will ask you questions about your experiences as a patient and ask you to explain what happened. You may need to show the evidence that you have already collected. Your attorney can help you gather more evidence to help your case. Then they'll let you know what your next steps are. Your attorney understands that dealing with birth injuries can be incredibly sensitive and difficult.