Doctor holding a stethoscope to a mother's belly.

What Proof Do I Need to Show Negligence in a Birth Injury Case?

Understanding Proof of Medical Negligence

Proving that your medical provider caused a birth injury is highly complex, and there can be multiple layers of potential proof to sort through. However, the bottom line is that the evidence you provide must show that the medical professionals responsible for your care caused harm that resulted in a birth injury. Here’s what you need to prove medical negligence.

Criteria for Proving Negligence in a Birth Injury Claim

To be eligible for compensation in a birth injury claim, proof of negligence is critical. When filing a birth injury claim, you must prove the following:

  • Your damages as a result of the injury (may include medical bills, loss of income, pain, and suffering, mental anguish).
  • How the medical professional acted negligently (what careless actions did the doctor take, or lack of action that would have been necessary to prevent the birth injury from occurring).
  • How the medical negligence caused harm (to you or your baby).
  • You had a patient-doctor relationship and were under their care.

You may be able to find proof from medical records, doctor’s notes, expert witness testimony, photos of the injury, and other documentation and evidence to support your claim. An experienced birth injury lawyer can guide you through the process when it comes to gathering the proof you’ll need.

How to Get Help After Suffering a Birth Injury.

Big cases require big resources. When a baby or mother suffers a birth injury, the consequences can be life-altering. When medical professionals are negligent and cause harm, you have the right to hold them accountable for their careless actions. At Dolt, Thompson, Shepherd & Conway, PSC our attorneys are experienced in handling some of the most complex and challenging birth injury cases. When unsure about your future, know that you are not alone, and our attorneys are here to guide you through every step of the way. If you or your baby has suffered a birth injury, we are here to help you seek the compensation you deserve and need so you can move forward with your life.

Contact us at (502) 242-8872 to speak to one of our lawyers today.

Categories