Ask a Birth Injury Lawyer: What Pieces of Evidence Do You Need to Win a Case?
When you start working with a birth injury lawyer in Baltimore, there are certain pieces of evidence your attorney will need to build a case showing you’re entitled to compensation. Having this evidence is crucial for building a strong case. Your attorney will talk you through the different pieces of evidence needed. Below, you’ll learn about some of them.
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Ask a Birth Injury Lawyer in Baltimore: What Pieces of Evidence Do You Need to Win a Case?
1. Proof of a Formal Doctor-Patient Relationship
For your medical malpractice claim to be valid, you must demonstrate that a formal doctor-patient relationship existed between you and the practitioner responsible for the birth injury. This may be a simple case of using charts or medical records to prove that they were the doctor in charge of your case.
2. Proof That a Birth Injury Occurred
There are lots of different types of birth injuries. Check out this site for examples of many of the common birth injuries that can lead to medical malpractice claims. For your claim to be valid, you need to prove that an injury was sustained during the birth. Hospital records and a medical assessment may be used to do this.
3. Proof of an Ongoing Issue
As the case goes on, your child’s ongoing medical records may be used to further prove that a birth injury took place and that it’s still impacting your child’s life. If you wish to recover compensation for future medical treatment, then monitoring your child’s condition going forward is very important. All parties involved need to know your child’s progress when it’s relevant to the claim.
4. Proof in Photographs
If photographs of your child show that a birth injury is obvious, then they may be used in the case. Photographic evidence is not always used, however. Speak to your attorney about whether or not photographs of the injury at the time of birth and the time after the birth would be helpful for your case.
5. Proof That a Duty of Care Was Breached
When your doctor is treating you, they have a duty of care. You must prove that this duty of care was breached, leading to the injury sustained during the birth. An expert witness may be called in to speak about what should’ve happened during the birth.
Depending on the injury, the breach of duty of care will be different, and so different evidence and testimonies will be needed to prove it. The expert witness may also testify that if another doctor were handling the birth, they wouldn’t have taken the course of action that led to the birth injury.
6. Proof in Pre-Birth Medical Records
Medical records from during the pregnancy may be used in your case to prove that everything went smoothly and that there were no risks involved that could’ve led to the birth injury. Everything that can be examined generally will be examined to show a normal pregnancy predated the birth injury.
9. Proof in Witness Testimonies
People who were present at the birth, such as other hospital staff who helped out during delivery, may be brought forward as witnesses to discuss what happened during the birth. If their stories line up and reveal that there may have been medical negligence involved, then this may prove your claim is valid.
Other expert witnesses may be brought in to discuss how the birth injury is going to impact the child’s life going forward, too. Economists, life care planners, and various medical experts may be consulted.
10. Proof of Past Claims Against the Physician
If anybody has ever pursued a medical malpractice claim involving your physician before, then this will likely be brought up to strengthen your case. If this isn’t the first time the doctor has been accused of medical malpractice, then it may be a sign that this doctor has an ongoing issue. A one-off incident may be easier to try and explain away than repeated incidents of medical malpractice over the years.
11. Proof of Your Damages
For your claim to be valid, there must be damages involved. Your hospital bills and estimates regarding future medical costs may be used to show that you’ve suffered economic damages. If one parent will have to stop working to look after the child full-time for the rest of their life, then proof of this may be used to show that you’re losing out on income going forward.
Non-economic damages are generally involved in birth injury cases, too. Statements regarding your mental anguish and your child’s future diminished quality of life may be used when seeking non-economic damages.
What If I Can’t Afford to Hire a Birth Injury Attorney?
Don’t worry if you can’t afford to pay out-of-pocket for an attorney. Many medical malpractice attorneys don’t receive any payment until you win your case, so it’s always worth trying to seek justice.
There are lots of types of evidence used in birth injury cases. Proving the duty of care was breached, that there are damages involved, and that an injury was sustained are vital to building a strong claim.