The evidence needed to prove a birth injury claim usually includes medical records, detailed testimony from a medical expert, diagnostic imaging results, and witness statements. This will allow you to establish what happened when your child was born and who might be liable for any injuries or damages you and your newborn may have suffered.
A birth injury lawyer from Birth Injury Lawyers Group can investigate the situation and help to collect and preserve the proof needed to support your claim. Our mission is to get answers for families affected by birth injuries. That includes helping you understand how the process works and how to strengthen your claim in the best way possible.
Evidence You Need for Your Birth Injury Claim
When trying to prove negligence as part of a birth injury lawsuit, you need to have the evidence to back up your claim. This should focus on demonstrating the extent of your losses and who might be responsible for your child’s injuries.
Birth Injury Lawyers Group can advise further on the type of evidence you need, but it usually includes the following information:
Medical Records
Request access to any relevant medical records. This may include labor and delivery notes, prenatal records, electronic fetal monitoring strips, postnatal care notes, and surgical records. These types of documents can outline important information about what type of care you received and what might have happened during delivery.
For example, fetal monitoring strips may show if your baby was in distress, helping to prove when warning signs might have been missed. Surgery records could provide a detailed timeline of when certain procedures like a C-section were performed, helping to identify if there were any avoidable delays.
Medical Expert Testimony
One of the most important pieces of evidence you need to prove a birth injury claim is the testimony of someone who has the credentials to effectively evaluate the facts of the case.
By sharing your experience and records with an independent medical expert, you can get a second opinion about the standard of care you and your baby received. They’ll review the evidence and determine whether negligence was involved and if it contributed to your child’s injuries.
Diagnostic Imaging
If you have test results from MRI scans, X-rays, CT scans, or ultrasounds, it could help to further prove your birth injury claim. These diagnostic tests can show the nature and extent of your child’s injuries, and may also help medical experts pinpoint the direct cause of their injuries.
Your Child’s Prognosis
A full prognosis of your child’s condition could be used to demonstrate the long-term impact of the birth injury, helping to indicate any ongoing care needs that may be required.
When filing a claim, you may be able to recover the cost of future medical needs in order to cover things like rehabilitation, physical therapy, assistive equipment, and more. So, having this information is essential.
Witness Statements
If someone else was with you in the delivery room, like your partner, spouse, or another family member, they can provide a witness account of what happened. This type of testimony can help corroborate your account of events and provide additional context about what occurred during labor and delivery.
"If your child was born with a birth injury, or cerebral palsy, we can help."
How Do You Prove a Birth Injury Claim?
To prove your birth injury claim, you need to be able to show how negligence played a role in causing harm to you and your baby. This usually means you have to establish the following:
- Duty of care: You must be able to prove that the at-fault healthcare provider had a legal duty of care towards you and your baby.
- Breach of duty: You then need to show that they breached this duty by failing to meet the legal standard of care.
- Causation: There must be evidence that shows how the healthcare professional’s failure to act or negligent behavior contributed to your baby’s birth injuries.
- Damages: Finally, you need to be able to prove which damages you suffered, such as medical expenses, pain and suffering, rehabilitation costs, etc.
Birth Injury Lawyers Group can investigate your case and help you prove how medical malpractice may have contributed to your infant’s injuries.
How a Birth Injury Attorney Can Help
When you’re faced with proving liability and trying to recover damages you’re rightly entitled to, the process can feel daunting. This is especially true when going up against a hospital or another type of medical facility.
Birth Injury Lawyers Group can protect your rights and the rights of your child as you move through the legal process. We do this by:
- Gathering and preserving all relevant evidence on your behalf.
- Identifying all potentially liable parties.
- Estimating your damages based on medical expenses and other losses.
- Negotiating a fair settlement for you and your family.
- Handling any hearings if your case goes to trial.
- Providing ongoing legal guidance with compassion and understanding.
"We know first-hand what you are going through."
Reach Out to Birth Injury Lawyers Group for Compassionate Guidance
Our aim is to help families pursue the justice they deserve after suffering from substantial birth injuries. Since 2003, Birth Injury Lawyers Group has been achieving record–setting verdicts and settlements on behalf of our clients throughout the United States.
We know exactly what evidence you need to prove a birth injury claim and can help you secure all the necessary documents ahead of filing. Contact us today to get a free case evaluation and learn more about how we can help you and your family.
"We are committed to helping families who have suffered medical negligence."