Your child is precious to you, and their health matters deeply, especially in their first moments of life. However, birth injuries still happen at the hands of negligent doctors. If you believe your attending physician improperly handled your delivery, here is how to prove your birth injury case.
The first matter at hand in any medical malpractice or negligence case is the issue of the doctor-patient relationship. Without proof of an existing relationship, your case won’t hold up against that doctor. Ask the hospital and your other doctor’s offices for medical records pertaining to your pregnancy visits and delivery. These documents will show who is responsible for overseeing your care and ensuring the safety of your child.
Damages are the specific injuries you or your baby sustained due to a negligent physician. Even if you can prove that the doctor made a mistake, you must also show the specific error led that to the birth injury. Otherwise, you’ll just show that they’re an incompetent but lucky doctor. You should have a second opinion from a licensed physician to document the injuries you or your child sustained. This way, you have further evidence of negligence.
Testimonies are powerful items in legal cases, especially if they’re from valid sources. You’ll first want an expert witness to explain how your doctor didn’t meet the standard of care expected among physicians of the same specialty under the same circumstances. You can also call forward eyewitnesses to the event, such as the attending nurses and doctors who assisted in the delivery. The combination of these two witness types will make an ironclad claim.
Your doctor is responsible for giving you the same high standard of care that they do for all their patients. If your care was substandard and harmful, make sure you know how to prove your birth injury case and reach out to one of our hospital or physician negligence attorneys at Rossman Law Group today.