4 Elements to Prove in a Birth Injury LawsuitDecember 15th, 2016
Every newborn child is a miracle, and no experience can match the excitement of bringing an infant into the world. Sadly, that special day is often spoilt by the negligence of a doctor or nurse.
If a medical worker makes an oversight or a mistake during pregnancy or the delivery process, the mother or child can suffer a catastrophic injury. These errors are alarmingly common in the United States, and many cases go unreported.
If your child suffered a birth injury, attorney David A. Bowling will investigate your case to determine if medical negligence played a roll. You may be entitled to compensation for health-care bills and other damages related to the injury.
4 Factors to Prove in a Medical Malpractice Lawsuit
A birth injury can have debilitating effects, and some children never fully recover. Oxygen deprivation, strenuous deliveries and other complications can cause permanent cognitive and physical disorders, which can cost a veritable fortune to treat.
An estimated 1 in 323 children has cerebral palsy, according to the Centers for Disease Control and Prevention’s Autism and Developmental Disabilities Monitoring Network. This condition often develops due to a medical mistake before, during or after delivery.
If your infant was injured due to a negligent medical worker, it is critical that you take immediate action. After you seek medical treatment for your child, contact a medical malpractice attorney.
Making a claim against the at-fault physician may help you pay for your child’s ongoing health-care needs. In order for your claim to be successful, your birth injury lawyer must prove these four factors:
1. A Doctor-Patient Relationship Existed
You cannot sue a doctor if a doctor-patient relationship did not exist. For example, if you made a decision about your pregnancy based on advice you overheard or advice that was intended for another patient, then the doctor who provided that advice will not be liable for your damages.
2. Medical Negligence
Your medical malpractice attorney will have to prove that your health-care provider behaved negligently. This means that he or she made an error that another practitioner with the same specialization would not have made in the same circumstances.
Even if your doctor acted negligently, you cannot recover damages unless that negligence contributed to your baby’s injury. Your attorney may use the results of an independent medical examination and the testimonies of medical experts to prove causation.
4. Value of Your Damages
Calculating damages is a critical step in any medical malpractice claim. You may wind up in overwhelming debt if you accept a settlement that will not cover your child’s ongoing medical costs. Your attorney may use doctors’ records and the testimonies of financial and medical experts to prove damages.
If the incident happened in Louisiana, contact David A. Bowling. Mr. Bowling is a New Orleans birth injury lawyer with the knowledge and courtroom experience to help you fight for the highest possible compensation. Call (504) 586-5200 to schedule a consultation.