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What You Need to Prove in a Birth Injury Case

| Category: Birth Injuries | January 15, 2021

Giving birth to a child is one of the most exciting moments of a mother’s life. That excitement can quickly be shattered when you learn that your child has suffered a birth injury. To further complicate matters, it can be difficult to know what exactly happened – there are so many people and so many things happening at once that the details surrounding your child’s birth are hazy at best. 

If your child has suffered a birth injury, you should speak with a Laurel birth injury attorney. They can help you piece together what may have happened and determine whether you have a malpractice claim. Ultimately, they may be able to help you get the compensation your child needs to make a full recovery.  

Proving Medical Malpractice

To recover compensation, you will need to prove that your doctor or the hospital committed medical malpractice. Medical malpractice is a type of negligence specific to healthcare providers. Generally speaking, negligence occurs when someone fails to take reasonable care to prevent harm to another person. However, in the context of a medical malpractice case, you will have to prove more than simple negligence. 

The Standard of Care

In a typical negligence case (such as a car accident), negligence is measured by the “reasonably prudent person” standard. In other words, someone may be considered negligent if they failed to take steps to avoid an accident that would have been taken by a reasonably prudent person in the same circumstances. 

Because doctors and other healthcare providers are highly specialized professionals, they are not measured against the “reasonably prudent person” standard. Instead, their actions are measured against the standard of care established by the applicable medical governing bodies. The standard of care takes into account the specific treatment provided and the knowledge and experience of the attending physician. 

Examples of Malpractice in Birth Injury Cases

There are many different ways that your doctor or staff may have breached the standard of care in leading to your child’s birth injuries: 

  • Improper use of birthing devices and other medical equipment
  • Failure to adequately monitor the baby’s vital signs
  • Allows labor to continue for too long
  • Failure to diagnose problems with the umbilical cord
  • Failure to diagnose medical conditions in the mother or child

Proving that the doctor or hospital breached the standard of care is quite complex and often requires expert testimony. An experienced Laurel birth injury attorney will be able to gather the evidence you need so that you can build the strongest possible claim. 

Contact Laurel Birth Injury Attorney Thomas E. Pyles

If your child has suffered a birth injury, their entire future may be at risk. In addition to extensive treatment and costly medical bills, you could also be facing a lifetime of care. Laurel birth injury attorney Thomas E. Pyles can help you get the compensation you need to help your child get the care they deserve.  We have office locations in Leonardtown and Waldorf.  To schedule a free consultation to discuss your case, call us at 301-705-5006 or contact us online to learn more about how we can help.