Not all birth injuries can be legally pursued. There are a certain set of rules upon which you can prove your case. This article outlines the requirements for obtaining financial compensation when medical misconduct results in birth harm. Besides hiring a birth injury lawyer in Philadelphia, here’s what you need to provide.
Evidence of the patient-physician relationship
The mother should be able to prove, through her medical records, that she was receiving treatment from the clinic, the plaintiff’s doctor, or another medical facility. Responsibility of care is owed to the mother and child as a result of this relationship. In order to fulfill this duty, medical personnel must take all reasonable and responsible professional actions.
Gather Evidence of Duty Violation
Once more, evidence in the form of medical records, witness testimony, and expert testimony demonstrates that the defendant violated their obligation of care to the mother or the child throughout the pregnancy, during labor, or during delivery. Such a breach could appear as:
- Neglecting to address the mother’s worries
- Without performing tests for diseases that could be caused by the mother’s medical history or family history
- Incorrectly interpreting testing or blood results
- Protracted diagnosis
- Improper medication prescribed
- Incorrect or excessive Pitocin usage
- Reading fetal heart monitoring strips incorrectly
- Failing to recommend a specialist to the mother
- Failing to keep an eye out for symptoms of a distressed baby while pregnant, in labor, or after delivery
- Failing to notice difficulties during birth
- Misuse of vacuum-assisted birth or forceps
- Failing to advise a C-section when necessary
- Carrying out a pointless C section
Establish Direct Cause
Causation can be challenging to demonstrate. Medical professionals testify in court regarding how the defendant’s acts or inaction led to or caused the birth damage. In response, the defense lawyer for the defendant may claim that the harm came about spontaneously or in another way.
Show Proof of Your Own or Your Child’s Injuries
The nature and severity of the birth damage, the ongoing medical and other care that the mother or kid will need, and how the birth injury impacts the mother’s or child’s quality of life, are all demonstrated by medical records and the testimony of medical experts.
If a family can demonstrate that the hospital or medical provider in question violated their obligation and caused harm, they may be entitled to financial compensation for:
- Medical expenses
- Price of ongoing medical care when necessary
- Price of therapy and assistive technology when necessary
- Modifications to the home’s costs
- Costs for a Transportation-Related Modified Vehicle
- Price of educating a child with special needs
- Distress and suffering
- Loss of life quality
These damages can potentially reach millions of dollars when a mother or kid suffers a lasting disfigurement or disability.