Every parent hopes the birth of their child will be a safe and happy event. Unfortunately, what should be a time of celebration can be turned into tragedy when medical negligence causes an injury during childbirth. If you and your family have suffered the unthinkable, the negligent provider could owe you financial compensation for what they’ve cost you – but before you can secure it, you’ll need to prove that they were indeed to blame. Let’s review what that entails.
The Elements of Medical Malpractice You Need to Prove
As your family grapples with the consequences of a birth injury, you may be considering taking legal action. But to be successful, you will need to establish two crucial elements of birth injury cases.
The first is that the healthcare provider failed to meet the “medical standard of care.” In simpler terms, this means they somehow deviated from medically accepted practices. They didn’t do what another provider with similar training and experience would have done under the same circumstances.
Once you’ve established that the healthcare provider fell short of the medical standard of care, your birth injury lawyer must also show that their failure directly caused the birth injury. It’s not enough to say that the healthcare provider made a mistake. You must connect the dots between that mistake and your child’s injury.
Types of Evidence in Medical Negligence During Childbirth Cases
Building a robust birth injury claim requires solid supporting evidence of what happened and who was responsible. This evidence might include any of the following:
- Medical records
- Witness testimony
- Photographs and videos
- Expert opinions from other medical providers
- Correspondence between you and healthcare providers
- Diagnostic tests (MRIs, X-rays, blood tests, etc.)
What’s the Difference Between Birth Injuries and Birth Defects?
While the terms birth injuries and birth defects might seem interchangeable, they are, in fact, quite different. A birth injury is a physical harm the mother or child suffers during labor and delivery. These injuries are often the result of something that went wrong during the birthing process, such as misuse of medical equipment, delays in performing a necessary procedure, or poor decisions by healthcare providers.
On the other hand, birth defects are conditions that a baby is born with and are often caused by genetic factors, environmental exposures, or a combination of both. These issues develop while the baby is still in the womb and are generally not the result of anything that happened during labor or delivery.
Common Types of Birth Injuries
So, what are the most common types of birth injuries caused by negligent medical care? They include the following:
- Cerebral Palsy
- Brachial Plexus Injuries
- Erb’s Palsy
- Bone Fractures
- Facial Nerve Damage
- Intracranial Hemorrhage
- Caput Succedaneum
- Meconium Aspiration Syndrome
- Hypoxic-Ischemic Encephalopathy
- Spinal Cord Injuries
If your child suffered any of these injuries, inadequate medical care may have been to blame, and you should contact a child injury attorney immediately.
Contact the Birth Injury Lawyers at Ryan, Bisher, Ryan & Simons
The aftermath of a birth injury is an overwhelming and emotional experience. But with the correct information, you can protect your child’s future and seek the compensation your family deserves. That’s why you should call Ryan, Bisher, Ryan & Simons or complete our contact form now for a free consultation with a personal injury lawyer about your options for pursuing accountability and justice. We understand that birth injury claims are complex and delicate, and we can handle your case with the care it requires.
We are Ryan Bisher Ryan & Simons, a legal firm that, for decades, has been fighting for the rights of hardworking Oklahoma residents. Our mission is to hold the powerful accountable.
