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How Does a Birth Injury Lawyer Prove Negligence?

If you are ever involved in a negligent accident due to someone else's actions, you must be wise in selecting the appropriate attorney to fight this battle with you.
Birth Injury Lawyer

Negligent Accidents and Injuries

All accidents that cause injury to you happen because someone was negligent in their actions. In some instances, the negligent accident victim can be the victim, and no one else caused their injuries. However, these circumstances are fewer in number. 

Negligent cases stem from actions by another person (s), company, or product. In the case of medical negligence, it is usually a physician, staff, or hospital who was negligent in their actions, causing injury to a patient, employee, or visitor. 

Careless accidents, injuries, and death happen in alarming numbers every day and across all states. These accidents are wide and varied across many different industries. And the circumstances of these accidents are as diverse as the industries they represent.

In the case of a birth injury, these numbers are too many. The possible causes of a birth injury are extensive, as is the type of birth injury caused by malpractice and negligent actions by doctors and hospitals.

If you are ever involved in a negligent accident due to someone else's actions, you must be wise in selecting the appropriate attorney to fight this battle with you.

If you are ever involved in a negligent accident due to someone else's actions, you must be wise in selecting the appropriate attorney to fight this battle with you. Careless accidents cause all types of bad situations, and sometimes these accidents cause the victim's untimely death and must be handled by a specific attorney whose expertise is negligence. 

It does not matter if your injuries are minor, long-term, or lifelong; we help protect your victim's rights. In all negligent cases filed with the court, we work tirelessly to get you a fair settlement to cover all your mounting debt caused by this negligent accident. 

Birth injuries happen all too often, and there is a wide array of different birth injuries to the newborn. 

The Burden of Proof of Negligence Causing Birth Injuries Lies with the Parents

When you accuse your doctor or nursing staff who attended to the birth of your baby, of negligence or malpractice, your accusations raise a red flag for those accused. These defendants immediately hire an attorney to help them prove that you were the negligent person, not them. 

These people hire experienced and skilled lawyers working on their behalf to make sure you receive as small a settlement as possible, and if you are not well represented, you may receive no compensation. 

When you call a seasoned and skilled negligent accident, injury, death attorney to fight for your rights, this attorney will not take your case unless they believe the negligent actions of another person wronged you. 

  • Your attorney can prove negligence in a court of law if the evidence is ripe. 
  • Our esteemed attorneys calculate your past, present, and future losses and that of your child. 
  • Our calculations help determine a fair settlement dependent on the injuries. 

Your Attorney Needs Definitive Prove of Negligence

While each state's laws, rules, and regulations may vary slightly, most states agree on the following injuries as stated in negligent medical cases. You must prove medical negligence before, during, or after the delivery of your baby. The actions or lack of actions caused you and your newborn specific damage. 

Can you prove that a doctor or hospital caused you physical, emotional, and mental pain before, during, or after the birth of your child? Your pain and suffering are only a tiny part of your medical malpractice or medical negligence case. 

All medical negligence cases bring with them untold financial hardships that can be short-term, long-term, or life-long hardships. Never feel guilty about making a negligent person pay for their actions. It is a good bet that they are not thinking about what their actions cause you and your family. 

These careless people never think about the ramifications that their actions caused for your financial future. If your child is born with a disability, that child may need continued medical and academic care for the rest of their life. 

The costs for the disability of a child are insurmountable depending on their injuries. A negligent action by someone else causes the victim mounting medical bills, mental pain, and loss of quality of life. 

Q. Did you suffer damage to your personal property? 

Q. Did you suffer the loss of the right of companionship with your child due to their disability or death?

Steps We Take Towards a Fair Compensation

The first step in this type of case is to identify the doctor or hospital's negligence that caused your child's birth injury. We must navigate the judicial system successfully to get you an appropriate settlement. We know the elements of proof we need to show the court that the defendant had a responsibility to you, and they broke this responsibility, causing a birth injury to your newborn.

We work hard to gather evidence to build a strong winning case, and we never agree to represent you to seek compensation if we do not think you can win. We must prove that there was a doctor-patient relationship. We must show the court a professional relationship between you and your doctor.

We call for your medical records, all reports, documents, hospital bills, and more. We do an in-depth examination and investigation into every bit of evidence we collect concerning injuries to you or your newborn. 

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Your doctor must prove that they had the experience, skill, and training needed to care for your health needs and that of your baby. We also must prove that this professional acted accordingly. We may verify that this doctor did not act reasonably on your behalf. We find out if other professionals with the same credentials, training, and skills have performed and made the same decisions related to your medical situation? If your doctor did not act accordingly or make the same decisions that most doctors would have made in the same situation, this doctor might have broken a Breach of Duty of Care towards you and your baby. Doctors and hospitals alike set a definitive Standard of Care. Was this Standard of Care broken? 

What is The Standard of Care in the Medical Industry?

Each medical institution, and there are many different types, must outline, document, and have ready for all to read a definitive Standard of Care. 

It is a serious matter when a professional crosses the line and breaks this Standard of Care. A doctor or medical facility guarantees their patients specific care, and when this does not happen, it can cause a series of complications.

This professional Standard of Care wears many different hats. The following are but a few standards that your doctor and the medical institution must follow. This Standard of Care may vary from state to state, doctor to doctor, and medical facility to medical facility. However, these standards are relatively universal and shared. 

When a negligent case is brought to our attention, we investigate if the Standard of Care in your situation was broken by examining the following issues. 

  • We investigate whether or not your doctor diagnosed you or your baby correctly. An incorrect diagnosis can mean the difference between the right or wrong treatment and untold side effects from that wrong diagnosis and treatment. 
  • Did your doctor and hospital staff treat you according to your diagnosis? 
  • While the correct diagnosis is vital to every patient, we sometimes discover that the doctor may have failed to diagnose you, the condition you suffer, an infection you developed, and many other issues. 
  • Did your doctor or hospital prescribe you the wrong medication or medication dosage? This mistake can happen whether or not the doctor diagnosed you correctly or not.
  • Did your doctor fail to identify testing results, machine, or monitor alerts incorrectly or identify distress in the newborn? These vital issues all too often fall through the cracks. In which case, medical negligence is always the issue. 
  • Was your doctor skilled at handling your unique medical situation? Did your doctor cross the boundaries of not allowing a professional with more experience and training to address your medical crisis?
  • Was a cesarean section needed, and your doctor failed to do this procedure, and your baby suffered the consequences?
  • Was there a misuse of forceps or other medical devices causing a brain injury?
  • Did your doctor fail to diagnose, recognize, or treat fetal or newborn complications?

Negligent birth injury cases are complicated and complex. Never believe that you can represent yourself in court. You never want to come up against other attorneys fighting against your victim's rights and settlement. It would be best to have a seasoned and skilled attorney by your side whose expertise is negligent birth injuries or death. 

All Evidence Must Point to Negligence of Your Practioner or Hospital

Because the burden of proof of negligence rests on you and your attorney, you must show the defendant's failure to follow a medical Standard of Care revolving around your unique circumstances. 

All your unique circumstances must show the court that another doctor skilled in the same manner as your attending doctor would not have acted in such a manner or made certain decisions regarding the health and wellness of you and your child. We must prove that your doctor or hospital did not act in your best interest, and this caused a birth injury to your child.

If the defendant did not appropriately carry out their duties or make a serious decision based on what other professions with the same skill level would have done, the attending physician might have caused a Breach of Duty in your care. 

Q. We must prove that this Breach of Duty caused injury to your baby. Did this doctor's actions and decision cause you, the mother, harm? 

Our sworn duty is to investigate all evidence, such as written documentation and vocal opinions from skilled medical experts regarding you and your baby's injuries. 

Part of our evidence collection process means we speak with eyewitnesses and take their statements. We gather all medical documents and seek to uncover all prior complaints about your doctor in other incidents. 

A physician's Breach of Duty during pregnancy, labor, or delivery could cause a severe birth injury to the infant and trauma to the mother. Proving a Breach of Duty takes hard, tedious work of our attorneys. 

We collect all evidence, such as, but not limited to opinions from medical experts, statements from eyewitnesses, medical documents, and any previous complaints against the doctor or hospital, as our priority.

The accused and their attorneys may attempt to prove that your infant would still have had the congenital disability or injury despite this possible negligence. Your attorney must then establish a link between the negligent person (s) and the newborn's injury. 

Q. Did malpractice cause your child a serious, lifelong injury or medical condition? 

The ability of your lawyer to demonstrate the significant impact the event had on your family can determine how much you receive in compensation. Hiring a skilled lawyer with experience in a negligent accident, injury, or death can help improve your odds of proving pain and suffering damage did indeed occur.

When you are seeking justice and compensation for you and your child's injuries due to the negligent actions of a doctor or hospital, never fight your battle alone. You will never win your compensation case for birth injury claims. These malpractice or negligent medical cases are too complicated and complex. Let us remove this burden from your shoulders and allow your attorney to seek a successful end in your case. We are your best legal advocate, and you must work with us to advocate for your child when malpractice or negligent actions cause severe medical complications for your child. It makes no difference if these complications are short-term or lifelong. You and your baby suffered unjust injuries, and the negligent person (s) must pay for their wrongful actions. 

If you do not pursue your negligent case, that person (s) will likely repeat these actions, and some other patient could be injured in the future. Never allow a negligent person to walk away without some justification for their actions. The impact of these damages is significant to you and your family, so never make a decision not to fight a negligent case. We make no claims about careless or malpractice issues that we do not believe we can win. 

Your seasoned attorney for negligent medical cases knows how to navigate the judicial system. Your attorney knows how to deal with other attorneys, hospitals, insurance companies, and the judicial system. We must prove that there is a link between your child's injuries and the actions of your doctor and hospital. If we prove negligence by the defendant, we calculate your losses past, present, and future, and we attempt to settle out of court if the compensation is fair and just. 

Nathalie Nicole Smith states that working hard and staying true to yourself are sure ways to win in life.

However, if the settlement is less than adequate, we are prepared to take your case to court. Your settlement amount and the outcome of your case are dependent on what the jury decides. 

Never feel that you cannot afford to hire an attorney as we collect no fee unless we successfully win your case. We include our cost in your settlement amount. So, the defendant and their insurance company end up paying for our services to you and your family.