How do you prove a birth injury?

Medical Malpractice - March 28, 2024 by Horwitz, Horwitz & Associates

If you decide to file a birth injury malpractice claim, one of the most important parts of this process is showing proof that the birth injury occurred and that it was the healthcare provider or hospital’s fault. A Chicago birth injury lawyer from Horwitz, Horwitz & Associates has the education, experience, and skills to help you navigate the obstacles and challenges of a birth injury claim.

how do you prove a birth injury

Why did my birth injury happen?

There are many reasons why your birth injury may have happened, such as:

  • The healthcare providers did not properly monitor your pregnancy, labor, or delivery.
  • The healthcare providers missed the signs of your baby’s distress and did not take the necessary actions.
  • They did not perform a cesarean section when you needed one.
  • They did not take the necessary steps to handle your high-risk pregnancy or delivery.
  • When you experience complications, the doctors and nurses do not take your healthcare seriously and fail to properly diagnose and treat your conditions.
  • The healthcare providers were careless, reckless, and did not properly do their jobs.
  • There was a lack of training or experience among the healthcare providers.
  • Your signs and symptoms were not properly assessed throughout the labor and delivery.

How do you prove a birth injury?

Our firm has been assisting various clients with birth injury malpractice cases since 1924, and we know what it takes to secure the fair compensation you deserve. If you hire an attorney from our firm, we will help you investigate the facts and circumstances surrounding your claim and determine the cause of your birth injury.

Once we are ready to prove that your birth injury occurred, our team will assist you with gathering evidence. Here are some of the key evidence pieces that we will likely need to prove your birth injury:

  • Your medical records
  • Witness statements
  • A doctor’s or other healthcare provider’s statements
  • Your baby’s medical records
  • Photographs
  • Videos
  • Hospital or doctor’s paperwork/ notes
  • Documentation
  • Receipts/ bills
  • Other complaints about the doctor or nurse

At Horwitz, Horwitz & Associates, we take birth injury cases very seriously. Therefore, we will do whatever it takes to prove your story. One of the best ways we do this is to hire an expert witness to go over how your birth injury occurred. They will use their knowledge, experience, and skills to explain to the judge and jury how negligent behavior led to your birth injuries.

Talk to our Chicago birth injury attorney today if your child suffered any type of injury at birth. You deserve to be compensated for the injury, so you are not paying for their medical treatment out of your own pocket for their lifetime.

The four significant elements needed to establish negligence in a birth injury case

Your doctor, nurses, and other healthcare professionals failed to meet the standard care level the day your birth injury occurred. This means that they did not make wise decisions during your labor and delivery when issues emerged. This is considered negligence, which must also be proven. The following are the four significant elements needed to establish negligence in your birth injury case.

Duty of care

The doctors and nurses had a duty to provide you with the standard level of care during your labor and delivery.

Breach of duty

They acted carelessly or recklessly, leading to unnecessary mistakes and errors. This means you did not receive the standard level of care, which is a breach of duty.

Causation

The healthcare providers directly caused your birth injuries during your labor and delivery.

Damages

Due to their negligence, you suffered damages, such as medical bills, lost wages, pain and suffering, loss of quality of life, and more.

Did your baby suffer a birth injury? Do you suspect medical negligence is to blame? We can help.

Collecting evidence that successfully proves a birth injury can be difficult. However, with the help of a professional and qualified Chicago birth injury attorney from Horwitz, Horwitz & Associates, you can rest assured knowing that your case is well taken care of.

We will handle all communication with insurance companies, build a strong case against the healthcare providers and hospital, find witnesses to support your claim, and negotiate the fair compensation you are owed for your injuries. You must schedule your free case review with one of our team members by calling (800) 985-1819 or completing our contact form today.