How to Prove Your Child’s Birth Injury Constitutes Medical Malpractice?
When a child is born with an injury, it can be heartbreaking for parents. In some cases, the injury may have been caused by medical malpractice, and the parents may be entitled to compensation for the injury, pain, and suffering. If you believe that your child’s birth injury was due to medical negligence, then it is crucial to understand how to prove your case.
If you believe your child’s birth injury constitutes medical malpractice, our lawyers at Leifer & Ramirez can help you prove it. Our Boca Raton medical malpractice lawyers will represent your best interests and ensure that you and your child receive the compensation to which you are entitled.
Gathering Evidence of Malpractice
The first step in proving medical malpractice is to gather evidence that demonstrates negligence on the part of the healthcare professionals involved. This includes obtaining the following:
- medical records during pregnancy, labor, and delivery;
- records of your child’s birth injury and follow-up care;
- past complaints or lawsuits filed against the medical professionals;
- eyewitness testimony from others; and
- expert testimony from nurses, obstetricians, pediatricians, and other experts (Florida law requires medical expert witness testimony for all malpractice cases pursuant to Florida Statutes § 766.102).
All of this information will be crucial when you are preparing your case. However, not all of these pieces of evidence may be accessible to you without an attorney on your side. Consider contacting a skilled lawyer to assist you with gathering the necessary evidence to prove that your child’s injury constitutes medical malpractice.
Showing That Negligence Caused the Injury
In order to win a medical malpractice claim related to a birth injury, you must also show that any negligence on the part of healthcare providers caused the injury. To do this, you must demonstrate that the defendant did not act according to accepted standards of care or did not behave as a reasonable person would in similar circumstances.
You must also show that any deviation from accepted standards caused your child’s injuries. This will require expert testimony from specialists in order to establish causation between negligent behavior and your child’s injury.
Filing a Claim for Damages
Once you have established that negligence occurred and that it caused your child’s birth injuries, you will need to file a claim for damages with the court or an administrative agency such as insurance companies or state licensing boards. You should include details about what happened during labor and delivery as well as information about any medical treatments or expenses associated with your child’s birth injuries. Your claim should also include details about how those injuries have impacted both you and your family financially and emotionally.
Need Legal Advice? Contact Leifer & Ramirez Today!
Proving medical malpractice in birth injury cases requires an extensive amount of evidence gathering and research into accepted standards of care as well as expert testimony from specialists in order to establish causation between negligent behavior and your child’s injury.
It can be an overwhelming process, but it can become much more manageable with proper guidance. If you think that your child’s birth injury was due to medical negligence, contact our medical malpractice lawyers at Leifer & Ramirez right away. We can help guide you through this difficult process and ensure that all negligent parties are held accountable. Call 561-660-9421 to discuss your case during a free consultation.
We serve clients throughout the state of Florida, including Boca Raton, Delray Beach, Pompano Beach, Deerfield Beach, Fort Lauderdale, and West Palm Beach.