Medical malpractice claims are complex and controversial. On the plaintiff's side, a victim is the victim or family who has placed their trust in medical professionals only to suffer traumatic, painful, and sometimes life-changing consequences.
On the other side is a healthcare provider or healthcare system fighting for its reputation and perhaps its livelihood. The stakes are high, and being able to present a strong, evidence-backed case is essential.
The birth injury attorneys at Morris James are skilled attorneys and passionate advocates for their clients. We represent families of children who have suffered birth injuries, such as cerebral palsy, brachial plexus injury, hypoxic-ischemic encephalopathy (H.I.E), and related brain injuries, fractures and other conditions.
We guide those families through the legal and practical challenges of a birth injury claim, and stand with powerful health care systems and insurance companies to help our clients obtain the compensation they need and deserve for their baby. Can get help
Four elements of negligence
As with any medical malpractice case, there are four key elements that must be established in any medical malpractice claim related to birth injury: duty of care, breach of duty of care, causation and damages. To prove these elements, the victim must present evidence to support each claim, including expert testimony, documentary evidence, and witness statements.
Witness statements, medical records, imaging studies, and other documents can be used to establish what happened before, during, and after the event in question.
Expert witness testimony is especially important in a birth injury case. Expert witnesses are generally medical professionals with extensive experience in a relevant field and knowledge of accepted practices within that specialty.
They can provide invaluable insight into what led to negligence, and may play a significant role in the outcome of your case. The birth injury attorneys at Morris James who know which experts to retain for each particular issue in the case can be the difference between winning a birth injury case and losing it.
Likewise, an experienced birth injury attorney will be able to anticipate the healthcare provider's defenses to your claim and know how to rebut those defenses to ensure that your claim is presented in the strongest possible light. Is.
Although it may seem daunting to gather all the evidence related to your claim and retain medical experts to support your claim, hiring an experienced medical malpractice attorney like the attorneys at Morris James can make the process much less intimidating. One can make
By obtaining reliable records and witness statements, as well as having attorneys who know what expert testimony requires and who have worked with strong and reputable professionals, you have the best opportunities to succeed in your case and provide for your family. There will be a better chance of getting justice.
Duty of care
In a medical malpractice case, the duty of care is owed by the healthcare provider to the patient. A medical professional or institution has a legal obligation to act according to accepted standards of care. This means that doctors, nurses, midwives and other healthcare providers should perform services in the same or similar circumstances as a reasonably prudent healthcare provider would.
The duty of care also applies to hospitals and other medical facilities providing medical care. Many factors affect whether a healthcare provider's care was appropriate, including the patient's medical history and risk factors, access to medical equipment and facilities, and decisions made by the healthcare team. A healthcare provider is expected to have up-to-date knowledge of practices in their field, as well as the skills to apply this knowledge in practice.
In the case of injury at birth, the law assumes that anyone providing labor and delivery services, including an obstetrician, a maternal-fetal medicine specialist, labor and Delivery nurses may be involved. anesthesiologists, neonatologists, pediatricians, NICU nurses, radiologists, and all hospitals or clinics where the mother or child is treated.
Each of these parties may have complex legal relationships that present a confusing legal claim to an unrepresented plaintiff. For example, a physician may be employed by a different hospital, may work for a different entity in the health system, or may be an employee or partner of an entirely different medical group that has Only the hospital has privileges.
Similar techniques may apply to nurses and other providers. When faced with this corporate web, it is difficult for the family of a child injured at birth to know who may be responsible for their child's injuries. An attorney who is experienced in the medical malpractice field, such as the birth injury attorneys at Morris James, will be familiar with the way the health care system works and will know how to cut through the confusion to get the answers and compensation you need for your child. Let's do. ,
Breach of duty
Breach of the duty of care occurs when a health care professional or institution fails to meet accepted standards of care, which may result in serious injury or death. To prove a breach of duty of care, you will need to demonstrate how your doctor, hospital, or other healthcare provider failed in their expected duties. You must be able to show that the healthcare provider did not act reasonably in the circumstances.
Proving a violation requires expert witnesses, usually other physicians or medical professionals in the same or similar medical field, who can testify to what a reasonable healthcare provider should have done in the situation. Was.
For example, if a pregnant woman exhibits dangerously high blood pressure at her prenatal appointment, but her doctor does nothing and the mother later suffers a stroke, an expert medical witness may testify that The doctor should have ordered bed rest, involved the child early. , or even an emergency cesarean section delivery.
Defendants will typically try to argue that their actions were not outside the scope of a reasonable standard of care and that other healthcare providers would have done the same in the same situation. The birth injury attorneys at Morris James know how to combat these and other responses and can retain the appropriate experts to demonstrate that the healthcare provider acted improperly.
Causation
Causation links the breach of duty to the actual injury caused to your child. To be successful in your birth injury case, you must prove, usually with expert testimony, that the failure of a healthcare provider caused the injury to your baby.
Evidence such as medical records, expert medical testimony, and other forms of evidence may be used to establish that the injury was caused by a departure from accepted standards of care and not by some other unrelated factor.
Even if the defendant acted improperly in treating the mother or child, defendants may try to show that no matter how improper the defendant's care was, the child would have been born with the same problems.
While there are always risks in childbirth, and while some babies may be born with unavoidable birth defects or injuries, it is your attorney's job to prove that you would have survived if the healthcare provider had met the expected standard of care. A child does not get hurt from birth. , It is important to have a lawyer and expert witnesses who have the skill and experience to successfully argue your case.
Damages
Finally, you must demonstrate that your child was harmed. Damages include physical or emotional harm, medical expenses caused by the injury, lost income if the injury affected your ability to work or your child's ability to work as they grow up, or loss to your family injury resulting from pain and suffering
Your lawyer will help you gather the evidence needed to prove harm to your child and your family. The medical record will document the diagnosis and treatment of the child after the birth injury. For example, your baby may need NICU care, an extended hospital stay, specialist therapy and equipment, additional procedures and surgeries, in-home carers, or other support.
Expert witnesses may be required to testify about the child's prognosis, life expectancy and future care in order to provide evidence of the extent of harm caused to your child physically, emotionally and financially. Unfortunately, some babies require lifelong care after a birth injury.
Now, what should you do?
Filing a medical malpractice claim related to birth injury is complicated. For guidance as you navigate this process and prove negligence in court, you should consult an experienced medical malpractice attorney who understands how these types of cases are handled.
An attorney can help you gather the necessary evidence, build a strong case, and fight for all the financial compensation you are entitled to for your child's injury.
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