The evidence you need to file a birth asphyxia claim depends on the facts of your case, but almost all malpractice cases rely on medical records and expert medical testimony. Like all other types of personal injury cases, medical malpractice birth injury claims center on negligence. You must provide evidence that the doctor, hospital, or another party committed medical negligence, which caused your child’s birth asphyxia and related conditions.
If you have strong enough evidence to convince the liable party, their insurer, the court, and other involved parties that medical negligence occurred, you can hold the parties accountable and recover compensation. Holding a negligent doctor or medical facility accountable is important because birth asphyxia sometimes causes serious, lasting impairments. In one systematic review from the American Journal of Obstetrics and Gynecology, children in the study who suffered birth asphyxia experienced lasting brain injuries. This included:
- 17.2% with neurological deficits
- 16.3% experienced neonatal seizures
- 14.5% have a diagnosis of cerebral palsy
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The Four Factors of Negligence and Evidence to Support Them
When filing a birth asphyxia claim, you will need to document four things to develop a strong enough case to hold the liable party or parties responsible. These are:
- The doctor in question or another trained medical provider had a certain process or protocol they should have followed, known as the standard of care.
- The doctor in question or trained medical provider failed to follow this protocol or process, failing to provide an acceptable standard of care.
- As a result of the doctor in question or trained medical provider’s action or inaction, your child experienced birth asphyxia and related injuries.
- Your family now has financial losses and expenses related to your child’s injuries, treatment, and care.
With the right evidence to prove these factors, you can show that the doctor acted carelessly or recklessly, thereby committing medical negligence. You may also show that the hospital created a culture that allowed this type of negligent behavior. Some common types of evidence in a birth asphyxia case include:
- Your child’s relevant medical records
- Any available records related to your child’s delivery
- Documentation of your child’s resulting injuries and impairments
- Medical expert testimony
- Documentation of your child’s ongoing and future needs and the related expenses
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Medical Experts Provide Understanding and Verification
The evidence you need to file a birth asphyxia claim will likely center on a medical expert’s testimony. Medical negligence often occurs when the doctor or another caregiver deviates from the acceptable standard of care. However, the average person, including judges and jurors, is not usually knowledgeable regarding the acceptable standard of care. This is one reason why medical experts play a central role in most medical malpractice cases, and most states require it.
The doctor serving as an expert witness in your case can translate the available medical evidence in a way that makes sense to a non-medical audience, helping the court and better understand complicated medical issues. This could include:
- Answering related medical questions
- Determining the mechanism of your child’s birth asphyxia
- Verifying your child’s birth asphyxia occurred because of medical malpractice
- Linking your child’s diagnosis to their traumatic birth
- Explaining their prognosis and care needs
Seeking Damages in Your Family’s Birth Asphyxia Case
Once you have the necessary evidence to prove that medical negligence caused your child’s birth injuries and the resulting complications, your lawyer will go to work to prove the recoverable damages your child suffered. This will require evidence that includes:
- Medical bills
- Other documentation of expenses and losses
- Expert testimony about your child’s future medical and care needs
- Economist testimony about the costs of future care
The potentially recoverable damages in your case will depend greatly on your child’s lasting injuries and impairments, the cost of their care, and other details of your case. However, some of the types of damages available include:
- Current and future treatment and medical expenses
- Ongoing care expenses
- Out-of-pocket costs related to their care
- Pain and suffering damages
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Speak with Our Team About Your Child’s Birth Asphyxia Case
Your child’s birth asphyxia injuries may support a legal case if there is evidence to prove medical malpractice. The team from the Birth Injury Lawyers Group provides complimentary case evaluations for families who have a child with a birth injury. You can get help understanding more about your family’s case today by discussing your potential claim with a member of our team.
Call (800) 222-9529 now to learn more.