In the event that avoidable injury is inflicted on a child during childbirth or labor, it can make the life of a family eternally. The parents become emotionally traumatized and also end up with higher hospital bills, as well as the expense of extended care. Therefore, due to this fact, most families proceed with trying to file a case of birth trauma. However, the case is based on one fundamental point: proof of medical negligence.
Medical negligence is not an unfavorable outcome in and of itself—it must be established that a medical professional has failed to meet a reasonable standard of care. This article explains how negligence is established in a case of birth injury, what needs to be established, and how families can build a strong case.
Understanding Medical Negligence
Medical negligence is where a healthcare professional, namely, a doctor, nurse, or midwife, deviates from the accepted standard of care exercised by reasonably competent peers under the same or similar circumstance. In the case of a birth trauma, that would mean direct harm to mother or baby by means of an act (or failure to act) by the professional in question.
Examples might include:
- Failure to check for fetal distress
- Delays in conducting an unavoidable C-section
- Misuse of vacuum extractors or forceps
- Abuse of labor-inducing drugs like Pitocin
But in order to win a medical negligence lawsuit, it is not enough to claim an injury—you have to prove a causal connection between the provider's mistake and the ensuing injury.
The Four Legal Elements of Medical Negligence
To prove medical negligence in a birth injury case, the plaintiff (the suer) will need to prove four elements of law:
1. Duty of Care
This places statutory duty upon the medical practitioner to care for mother and baby. In every case of damage at birth, this is not hard. Whenever a practitioner is about to provide care to a patient, there comes an implied duty of care.
2. Breach of Duty
Here, the plaintiff must show that the provider violated the standard of accepted medical practice. That could be something the provider did that a reasonable professional would have done otherwise.
Example: If fetal distress was indicated on the monitor and the physician did nothing about it, that could be a violation of duty.
3. Causation
Causation most likely will become the hardest to prove. You must demonstrate that the provider's negligence caused or contributed significantly to the birth injury. Merely stating the baby became injured isn't enough—you must tie that injury to the provider's negligence.
Medical experts typically enter here, offering expert testimony on how the provider's mistake resulted in specific harm.
4. Damages
Finally, the plaintiff is required to demonstrate actual damages—physical, emotional, or monetary—which have been occasioned by the injury. They are:
- Medical expenses (past and future)
- Continuing therapy or care needs
- Pain and suffering
- Lost earning capacity (for the child)
Evidence Needed to Win
Building a successful birth trauma case entails amassing an assortment of different types of evidence, including:
● Medical Records
These are the building blocks of any birth injury case. Prenatal visit charts, labor and delivery records, fetal monitoring reports, and postpartum assessments inform us what and when.
● Expert Testimony
An objective medical expert can read the records and determine if the standard of care was met. Their expert testimony is most often instrumental to determining how negligence did occur and what a reasonable provider would have done differently.
● Testimony of Witnesses
The other doctors, the nurses, or even relatives who were present when the patient gave birth could very well explain the reason behind treatment that was given—or not given.
● Documentation of the Injury
Photos, recordings, and test reports demonstrating the nature and severity of the injury serve to corroborate the complaint of damages. Delayed growth or disability as a result of the injury may also be validated by school or therapy records.
The Role of a Birth Injury Attorney
It is disappointing to have to go through the technicalities of a birth trauma lawsuit, especially if families are already anxious about their child's well-being and recovery. A birth injury attorney can bear the legal burden, including:
- Investigating the accident
- Using medical experts
- Bringinging the case within the statute of limitation
- Negotiating with insurance companies
- Defending your case in court, if necessary
Most birth injury lawyers have a contingency fee arrangement, which means that they will only get paid if you succeed in the case or settle it.
Issues in Proving Negligence
Not every bad outcome is because of negligence. Childbirth is unpredictable, and something can go wrong even with proper care. Some of the most common issues in proving negligence are:
- Pre-existing Conditions: If the child had a pre-existing medical issue, this would complicate causation.
- Incomplete Records: Disappeared or doctored up medical records may complicate establishing what happened.
- Differing Medical Opinions: Expert witnesses will sometimes not accept that there has been negligence.
- That's why having expert legal representation is so important—because they have the expertise of how to win a strong case and overcome potential obstacles.
Final Thoughts
A birth injury can turn a joyful event into a lifetime of medical care, financial burden, and emotional trauma. A birth trauma lawsuit is one way families can pursue accountability and receive the funds their child will need in the future. But to win, you must prove medical negligence with clear, compelling evidence.
By knowing their rights under the law and carrying the necessary documents, families can enhance the likelihood of a positive outcome—and hold the guilty party responsible.
