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What You Need to Know When Filing a Birth Injury Lawsuit

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What happens after you file a birth injury case?

Childbirth is, without a doubt, a momentous occasion, especially for the mother. At the same time, however, it is a very risky process that seriously puts both mother and child at risk. This is why it is very crucial that the medical professionals present for the delivery proceed with as much caution as possible.

Sometimes, though, the process does not go as smoothly as intended, resulting in an injury to the mother, the child, or both. Among the possibilities are cases of untreated or undetected preeclampsia, sepsis, uterine rupture, infection, internal bleeding, and more. 

In certain cases, these things end up being inevitable because of a pre-existing condition or some other variable. But what if the resulting injury was something that could have been prevented? Is there something that you can do to seek recompense?

Birth Injury Lawsuit

The answer to that is yes, you can file a birth injury lawsuit, which is a type of medical malpractice. What essentially constitutes a birth injury is any type of injury inflicted upon the baby during or near the time of delivery. 

From birth trauma to oxygen deprivation, these kinds of injury that seriously impacts the health of the child can be cause for a birth injury lawsuit. Keep in mind, however, that the mere occurrence of a birth injury does not automatically mean a winning lawsuit. 

What’s most important in filing this case is proving that the injury is directly attributable to the lack of care and diligence in the delivery room by the attending medical staff.

Filing a Lawsuit

To succeed in the lawsuit you filed, several elements must be fulfilled, the first of which is duty. A patient-doctor relationship between the mother and attending doctor must be clearly established to prove that a duty exists. 

Given that there is in fact a duty present, the same must be shown to have been breached. A breach of duty refers to the doctor’s subpar performance during the procedure, thereby causing the injury. Substandard care must be proven, which may require comparing how another doctor would have tackled the case differently to much more favorable results.

This should then help prove causation, which will show that the injury was acquired because of the doctor’s substandard performance, and that it could have been otherwise prevented.

Hire a Birth Injury Lawyer

Because the accusation is heavy, it follows that the burden of proof rests on the accuser. Hiring a birth injury lawyer is therefore critical. Apart from having an objective view of the case, they will also take care of compiling relevant evidence, taking into account credible witness testimony, sifting through medical and employment records, and claiming for damages.

A birth injury lawsuit is a serious matter that should be backed by a serious strategy. Consult with a birth injury lawyer at the soonest to know your options.