Birth injuries account for 20% of the 20,000 infant deaths in the U.S. each year, according to the Cerebral Palsy Guide. In extreme cases of birth asphyxia, up to one in four infants may die from lack of oxygen. And even routine vaginal births can result in internal brain bleeding.
There are cases when babies get hurt during birth. It is during these times that families demand answers about what went wrong. And if these injuries are caused by mistakes of medical professionals, parents have the right to file a birth injury lawsuit.
Atlanta birth injury lawyer Audrey M. Tolson advises that you immediately consult a lawyer because there is a statute of limitations for taking legal action to recover compensation, and it is vital to begin work on your claim while it is still possible.
Your lawyer must show that the medical team did not act with proper care. This process is called proving negligence, and it is the foundation of most birth injury claims.
Learn how a lawyer will prove negligence in birth injury cases.
Understanding the Standard of Care in Birth Cases
In birth injury cases, knowing the standard of care is vital for establishing negligence. The standard signifies the amount of care a competent medical professional should really give under the same or similar circumstances.
Healthcare providers have guidelines to ensure the welfare of the mother and child under their care. They must follow these guidelines as part of these duties. Not following these standards may amount to medical negligence, which can lead to disastrous consequences. Medical negligence in birth injury happens when an improper delivery technique or failure to foresee complications results in brain damage, paralyzed limbs and other harm to the infant, according to https://www.youngerslaw.com/.
By carefully assessing the procedure done by the medical team during labor and delivery, you can determine whether or not the correct course of action was taken. You can also examine their decision-making, communication, and reaction time.
With an understanding of these concepts on their side, they will be more confident in working through the intricacies of birth injury lawsuits and toward getting justice for their family.
Collecting Medical Records and Evidence
Building a birth injury lawsuit requires medical records and evidence to develop a good case. Obtain all medical records of the child. These include prenatal care, delivery notes, and postnatal evaluation.
These details are important to prove negligence if the medical intervention deviates from the accepted medical practice. Also, be sure to collect hospital records, test results, and expert opinions that would be pertinent to your claims.
Additional useful materials could be photos, videos, or anything else that could document how the injury affects your child’s life and your family. Each piece of evidence strengthens the link between the malpractice of the healthcare provider and the injury suffered by the child.
It is this painstaking collection of evidence that will gain you justice and closure.
Consulting Medical Experts for Testimony
Once you have gathered the medical records and the evidence needed, the next step is to choose and procure an opinion from medical experts for testimony. The medical experts are important to your case because their views can shed light on difficult medical problems.
Considering your particular case, medical experts will express their opinions on whether the care provided during the birth process was in accordance with the standards of care.
Choosing the right expert is vital to your case. What you need is someone qualified who will also understand the emotional toll of your case. They must have a full understanding of the case because their opinion are important in determining the outcome of your case.
Establishing a Direct Link Between Negligence and Injury
Negligence must be linked to injury in birth injury lawsuits. One must show how the professional’s deviation from accepted standards caused harm to the child. Such evidence should be gathered to prove a case: medical records, expert witnesses, and statements from independent witnesses.
The evidence would connect acts of negligence, such as failure to follow fetal monitoring during labor, to injury. This evidence should show how these deviations from the standard of care caused specific problems.
This will clearly illustrate the chain of causation in the case and bring some semblance of closure to your family. Remember that you will not be going through this alone. Attorneys and the community will help to see you through.
Dealing with the Legal Process and Filing a Lawsuit
Maneuvering through a legal process and filing a lawsuit can seem like an incredibly daunting task. Add to that the time pressure and emotional toll that accompany birth injury cases. You do not journey alone; there are families with similar stories.
Start with making an appointment with an experienced lawyer specializing in birth injury cases. They will surely walk you through the complicated processes, helping you obtain all pertinent documentation, proof, and a solid and payout-oriented claim for filing purposes.
After the filing of the lawsuit, prepare yourself for negotiations or trials, as they generally take a while. Keep communication flowing between you and your attorney; do not hesitate to ask queries, and support networks remain crucial in such periods.
Remember that this fight is for your child’s future; just getting on the side is already an accomplishment.
