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What are the basics of a birth injury case?

Any type of case involving an injury is a complex matter and should be taken seriously. The matter is even of greater significance when it involves an innocent baby's health. With this in mind, it is important to understand what is involved in handling a birth injury or birth defect case.

We discussed the general nature of birth injuries and defects in a previous post. For the purposes of this post, we will group the two together.

In a typical birth injury case, the plaintiff (or injured party) must prove the following four elements: duty, breach, causation, and damages. In other words, the plaintiff must prove that a medical professional had a particular duty of care to the baby, the medical professional breached that duty of care, and the breach of duty caused some damage (injury) to the baby.

The important issue to remember with these four elements is, the plaintiff must prove them all. If one of the elements is not proven, the case will fail. Furthermore, nested within each of the four elements are nuances that must be analyzed throughout the course of the case.

For instance, different medical professionals are held to different standards of care. Also, examining the causal connection between a possible breach of duty and the injury may involve multiple events over time. Often these injuries are not the result of one single act.

As you can see, there is much more involved in a birth injury case than one may think. As most people know, the medical profession is complex by itself. There are many moving parts when patients are being treated.

If you or a loved one is dealing with a possible birth injury case, an experienced medical malpractice attorney in the San Antonio area can help you to work through this serious matter.

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Marynell Maloney Law Firm, PLLC
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San Antonio, TX 78205
Phone: 210-446-0035
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