If your family wishes to secure financial compensation for your child’s birth injury, you must meet the burden of proof as the plaintiff or filing party. The burden of proof in a medical malpractice claim is a preponderance of the evidence. This means enough clear and convincing evidence to show that the medical provider or defendant caused your child’s birth injury through an act of negligence with at least a 51 percent certainty.
Medical negligence is the failure of a health care provider – such as an OBGYN or surgeon – to meet the accepted standards of patient care within the medical industry. Proving negligence or malpractice requires evidence of the following four elements:
The defendant owed you a duty of care as your official doctor or health care provider during your pregnancy, labor and/or delivery. There must be proof that a doctor-patient relationship existed between you and the defendant at the time of the incident.
The defendant breached the standard of care. You need evidence that the defendant breached, or failed to fulfill, the duties required by him or her as your medical provider. In other words, the doctor did something a reasonable and prudent professional would not have in the same or similar circumstances.
The defendant’s lack of proper care was the direct cause of the birth injury. Your specialized Pennsylvania medical malpractice lawyer must establish that your child’s birth injury would not have occurred but for the negligence or improper treatment performed by the defendant.
Your family suffered compensable losses because of the breach of the standard of care. You will need to prove specific losses connected to the medical malpractice, such as your child’s physical injuries, disability, medical bills, pain and suffering, or diminished quality of life.
Your New Castle birth injury lawyer can help you prove your case by gathering and presenting strong evidence. This may include your medical records, your child's medical records, notes taken by your doctor or nurse, administrative records, medication and prescription documents, x-rays and lab reports, treatment plans, medical expert testimony, eyewitness statements, and photographs and video footage.