How negligence is proven in an oxygen deprivation claim generally relies on showing that the medical care providers failed to provide an acceptable standard of care for your child and this caused their injuries. Your case may assign liability to:
- The doctor monitoring the pregnancy
- The doctor monitoring labor and delivery
- Another medical care provider
- The hospital or other medical facility
- A combination of the above
There are four elements required to prove negligence. In an oxygen deprivation birth injury case, this includes:
- Showing that the liable party had a specific task they were required to handle
- Proving that they did not fulfill that obligation, failing to provide your child with an acceptable standard of care
- Demonstrating that your baby experienced oxygen deprivation and related birth injuries because of their failure
- Providing documentation to prove your child’s injuries cost your family financially, emotionally, and physically
Like most medical malpractice cases, birth injury cases generally rely on the testimony and support of a medical expert who can serve as a witness in your case, answer any medical questions, and affirm that negligence occurred.
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Medical Experts Play a Key Role in Proving Oxygen Deprivation Claims
Your lawyer will have a network of medical experts they call on for birth injury cases. They will use this network and other resources to identify and enlist the help of a medical expert. This expert can testify to the proper standard of care and what happened when a doctor or another party breached this standard of care, committing medical negligence.
While a medical expert is almost always a central part of proving negligence in an oxygen deprivation claim, how they fulfill this role depends on your state’s laws. They will likely need to review your child’s medical records, records related to their delivery, and additional documents pertinent to the birth injury, and offer their opinion about what led to the deprivation of oxygen.
However, states have different laws about presenting this information to all parties involved. For example, in New York, NY Civil Practice Law & Rules (CVP) § 3012-A only requires them to review the case, and your attorney to affirm malpractice is likely. Under NJ Rev Stat § 2A:53A-27 your attorney in New Jersey must submit an affidavit of merit signed by the expert verifying that malpractice likely occurred.
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Identifying Experts to Help Prove Negligence in Birth Injury Cases
Negligence is proven in an oxygen deprivation claim with the help of a medical expert witness. This witness must meet specific criteria. Your lawyer will help you to identify an expert for your case who meets these criteria. In general, your expert will likely have the following qualifications:
- Have a similar level of training and expertise as the accused doctor
- Regularly work with patients in the same or similar situations, in this case, delivering babies.
- Work in the same geographic area as the accused doctor or another practitioner
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Your Birth Injury Attorney Will Build a Case to Support Compensation
A birth injury lawyer working in your state will know what it takes to prove negligence and pursue compensation based on the local state statutes in your case. They will take the necessary steps to assign liability, prove negligence, and document your family’s related past, present, and future damages.
Most birth injury attorneys who handle oxygen deprivation cases work based on contingent fees. This means they use their financial resources to compile your case and take legal action. They only recover their fees from an out-of-court settlement or court award in your case.
Your attorney will take the lead in compiling the relevant medical records and documents to prove your child’s injuries and obtaining an expert review of those documents to confirm medical negligence occurred.
A medical malpractice law firm will seek compensation for its clients, including current and future financial losses and expenses. For example, you may be able to recover damages for:
- Medical treatment expenses
- Ongoing care costs
- Missed wages if you had to take off work
- Additional related expenses
- Pain and suffering your child experienced
- Mental anguish
- Other tangible and intangible losses
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Let Us Help You Prove Negligence in an Oxygen Deprivation Claim
The Birth Injury Lawyers Group will review your child’s birth injury, the medical negligence that led to it, and their long-term needs to determine the strength of your case. We can explain if we believe you are eligible to take legal action based on your child’s injuries and hold the doctor or hospital accountable.
You and your family can get help today by calling (800) 222-9529. We will evaluate your case for free and explain the legal options that may be available to you.
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