What Kinds of Evidence Can Support a Claim of Birth Trauma?

The process of giving birth has inherent risks for both mother and child. The slightest mistake from the labor and delivery team can cause injuries that impact your child’s health in the long term. When an infant suffers birth trauma, the right evidence can help you recover medical malpractice compensation to cover the long-term costs of care.

You need a skilled medical malpractice lawyer to recover birth trauma compensation. They will help collect evidence and use it to build a case. When you know what you’ll have to show, you can acquire the proof more easily. Bringing this evidence along to your initial consultation with a lawyer can help them more accurately assess your case.

Medical Records

Medical records might be the single most important type of evidence in your birth trauma claim. Medical records tell the story of the mother’s health history, pregnancy complications, and what happened during the birth. In most cases, hard evidence of medical malpractice will be found in the medical records.

Medical records show the facts of the case, such as the infant’s heart rate during delivery and the choices made by the delivery team. When birth trauma is the result of medical negligence, the medical records provide the proof. Your lawyer’s job is to examine these records and identify where and how the medical team acted negligently.

Expert Witness Testimony

Proving that birth trauma was the result of medical negligence requires obtaining the testimony of an expert witness. This is a medical professional who reviews your medical records and determines whether the labor and delivery team’s actions constitute medical negligence.

Proving medical negligence is different from negligence in a general personal injury case. Medical professionals are held to a professional standard of care. The expert witness must identify whether the doctor’s actions were reasonable given the circumstances.

If they weren't reasonable, the expert witness will identify what the doctor should have done instead. Then, they must explain how that would have resulted in the infant not being injured.

Testimony From Medical Staff

Testimony from medical staff can be a valuable addition to other evidence proving medical negligence. Medical staff may be willing to testify that a doctor instructed them to take certain steps or ignore warning signs. They can also help corroborate how events played out as the birth unfolded.

Medical staff who assist in the labor and delivery process are highly trained and experienced. They often recognize when a doctor is doing something concerning, even if they don’t have the authority to override their decisions at the moment.

Testimony from staff who witness a doctor’s negligence can significantly help a case. Hearing their account is especially beneficial when there are details missing from the medical records.

Photos and Videos

Medical records and testimony from an expert witness and medical staff can help establish how the healthcare provider acted negligently. However, that’s not all there is to a birth trauma case.

You must also prove the extent of the birth injury and the potential long-term impact. Taking photos and videos of your child’s birth injuries when they occurred and as they heal helps provide proof that the child was injured at the hands of the medical team.

Impact Statements From Parents

Watching an infant suffer birth trauma can be a traumatic experience for new parents. When birth trauma leads to long-term complications, such as a brain injury, it can be devastating. Instead of a healthy child, parents receive the news that their child will need lifelong care and may never be able to hold a job, marry, or have children.

Impact statements from parents help demonstrate the toll the birth injury has taken. It gives them the chance to share the long-term impact on the family’s finances and quality of life.

FAQ

What Is Birth Trauma?

Birth trauma refers to an injury that an infant sustains during the labor and delivery process. It’s often the result of medical negligence.

Do I Need a Birth Trauma Lawyer to Recover Compensation?

Birth trauma cases are incredibly complicated and tend to involve significant settlement values. You should always use a lawyer to have the best chance of winning your case.

Will I Need to File a Birth Trauma Lawsuit?

While a birth trauma lawsuit may be necessary, most cases are resolved by negotiation.