Evidence in Birth Injury Cases

Birth injuries can cause catastrophic damages, and the costs of treating the physical and emotional harm from a birth injury can be astronomical. Thus, in many instances in which a child suffers a birth injury, the child’s parents will seek compensation in a civil lawsuit. Even when a child’s harm is clear, however, a party pursuing claims against a healthcare provider must present compelling evidence in birth injury cases to establish liability and secure damages. If your child suffered an injury under these circumstances, both you and your child may be able to recover damages. The seasoned Baltimore birth injury lawyers of Arfaa Law Group are adept at helping families harmed by birth injuries seek compensation, and they will gather any evidence available to help you protect your interests.

Birth injuries are often caused by the failure to properly monitor the health of the mother or child during pregnancy or birth. For example, if a physician does not conduct appropriate tests during the pregnancy, or does not address abnormal test results, he or she may fail to observe concerning health issues in the mother or child that need to be addressed. Additionally, if a mother is not appropriately monitored during labor, a care provider might not notice signs of fetal distress that require an emergency C-section, and the child may suffer harm as a result. Birth injuries also frequently occur due to the use of forceps or vacuum extractors.

Arguably, the most important evidence in a birth injury cases is evidence that establishes the defendant’s liability. Generally, a lawsuit arising out of a birth injury will allege a medical negligence claim against the defendant. Under Maryland law, a party alleging negligence in a medical malpractice lawsuit must show by a preponderance of the evidence that the defendant had a duty to provide care that met the applicable standard, but the defendant breached the standard, which proximately caused the plaintiff to suffer harm. In other words, the plaintiff must show that it is more likely than not that the defendant’s acts or omissions were a substantial factor in bringing about the plaintiff’s injuries. A knowledgeable birth injury attorney can review the facts of your case to determine whether you may be able to fulfill the elements of a medical malpractice claim.

Evidence in most birth injury cases will also include testimony from one or more experts to prove medical negligence caused the plaintiff’s harm. Specifically, an expert will be needed to establish the standard of care, which is the care that a reasonable practitioner in the same specialty would provide in the same situation. Expert testimony is also usually needed to explain how the defendant’s acts or failure to act caused the plaintiff’s harm. An expert testifying on a breach of the standard of care will typically rely on evidence obtained throughout the course of the case to formulate his or her opinion, such as medical records, diagnostic reports, and deposition testimony.

In addition to proving liability, a plaintiff seeking damages for a birth injury must also present evidence regarding the harm caused by the injury. Typically, this includes medical bills for the cost of any treatment needed for the injury. If the child will need treatment going forward, the plaintiff must also produce evidence of the estimated cost of such treatment. If the child’s ability to earn an income is diminished due to the injury, an economist will likely need to provide an opinion regarding the lost earnings suffered by the child as well.

Birth injuries frequently cause harm that lasts a lifetime, and health care providers that cause a child to suffer an injury at birth should be held accountable. If your child was hurt under these circumstances, the birth injury attorneys of Arfaa Law Group can guide you through the process of arguing that you and your child are owed damages, and we will zealously advocate on your behalf. We have an office in Baltimore, where we frequently assist people in birth injury lawsuits. You can reach us through our form online or at (410) 889-1850 to schedule a free and confidential consultation.