The evidence you need to file an umbilical cord birth injury claim will depend on the circumstances of your child’s injury. Your lawyer will consider the evidence available and take steps to develop a strong case. This claim will allege malpractice and support the allegation with the facts of your child’s injury.
You will need to prove that the doctor, hospital, or medical professional acted negligently to cause your child’s injuries. Key components of your case may include:
- Medical expert testimony
- Statements from eyewitnesses
- Your child’s medical records
- Other documentation of your child’s monitoring and care
- Proof of your family’s damages
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Medical Experts Testify to the Acceptable Standard of Care
Almost every birth injury case includes at least one medical expert who testifies or signs an affidavit that medical negligence occurred. This is often the primary evidence to prove malpractice in these cases.
Many states require an expert’s opinion at some point in the claims process. There are strict rules for who qualifies and the role they will play. Even when the law does not require expert testimony, law firms generally call on experts to help them understand what caused the child’s injuries and lasting damage.
The medical expert is generally a practicing doctor in your area, often an obstetrician. In some cases, your attorney may also call on additional experts to help prove your case. These may include:
- Specialists on your child’s condition
- Neurologists
- Therapists
The goal of speaking with these experts is to get as much information as possible about your child’s:
- Diagnosis
- Prognosis
- Future care needs
- Other expenses and damages
Your legal team will have a network of medical experts they regularly work with on cases like yours. The network can help them identify other professionals with the necessary knowledge and experience to support your case.
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Relevant Medical Records Play a Key Role
Your child’s medical records will play a vital role in the evidence you need to file an umbilical cord birth injury claim. An attorney from our firm can obtain the medical records that may be relevant to your child’s injury and related conditions. They may include records related to:
- The pregnancy
- Labor and delivery
- Your child’s neonatal care
- Your child’s progress and developmental milestones
- Your child’s diagnosis
- Treatment and management of any related conditions
The medical expert or experts helping you to prove your case will review and analyze these records. This will allow them to determine what they believe occurred and the role medical negligence played in your child’s injuries.
These records should include:
- Scans and medical imaging
- Laboratory testing
- Blood test results
- Screenings performed after the child’s birth
- Details about your child’s development
It is important to know that doctors may try to hide careless mistakes and negligence by not including some information in the child’s medical records. This makes the expert’s input even more critical.
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There May Be Other Evidence Available to Support Your Claim
In some cases, there may be other evidence in addition to your child’s medical records and expert testimony. This may include interviews with eyewitnesses as well as physical evidence.
In general, this evidence usually supports the expert’s opinion and does not prove medical negligence on its own. Some cases will not have much additional evidence outside the medical records and expert testimony.
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Pursuing Justice in an Umbilical Cord Birth Injury Case
Umbilical cord birth injuries can cause many lasting effects, including significant disabilities and lifelong health conditions. Your child’s related diagnoses could include:
- Seizure disorders (epilepsy)
- Cognitive disabilities
- Cerebral palsy and other motor disabilities
- Vision loss
- Hearing loss
- Behavioral conditions
- Damage to the kidneys, heart, and other organs
If there is evidence that your child’s injuries resulted from medical negligence, you could file a legal claim against the doctor, hospital, or another liable party.
However, some limits exist on how much compensation you can recover in some areas. There are also time limits for filing suit in these cases.
Speak with One of Our Team Members for Free Today
The Birth Injury Lawyers Group can review your case for free today. We provide complimentary consultations and will answer your questions about the claims process in your state. Our team has someone who can discuss your child’s injuries and your family’s losses now.
Call (800) 222-9529 today to get started.
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