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Proving a birth injury is vital to pursue compensation when your baby suffers harm because of a medical professional’s negligence. However, there are a few different factors that you must consider when trying to hold someone accountable for your baby’s damages. Here are the main things that you can do moving forward.
Proving a Doctor-Patient Relationship
Like any matter of negligence, you must show a duty of care. In this situation, that means showing a doctor-patient relationship. You must show that the doctor provided you with some level of skill, acted reasonably, attended to your medical needs, provided you with a diagnosis, and treated your medical condition. When you see the doctor for care, you establish the doctor-patient relationship.
Showing a Breach of Duty of Care
Proving a breach of the duty of care means showing that the doctor did something that another reasonable doctor would not have done under the same conditions. With regard to birth injuries, a breach of duty of care can mean failure to monitor or misuse of forceps / vacuum extractors.
Proving Causation
You must show that your child’s damages were caused by the doctor’s breach of duty of care. Without this, you might not be able to pursue compensation for the damages. Typically, medical records and statements from other birth injury specialists are the most helpful evidence to prove causation.
Showing Your Child’s Damages
To pursue compensation, you must show that you or your baby suffered damages during pregnancy, labor, or delivery. If you can connect your damages with the doctor’s negligence, it can significantly help you pursue the compensation and justice you deserve.
In any case, it helps to work with an attorney. With the right legal help on your side, you can feel confident pursuing the justice you deserve.
Our Chicago birth injury lawyers at Walner Law® are here for you. We’ll work with you to determine the cause of the birth injury and explain how we can help you. Your family matters to us, and we’re ready to go above and beyond for you.
