A celebration of new life can turn into heartbreak when medical negligence leads to a birth injury. To hold a doctor accountable, a family must demonstrate that the birth injury is a direct result of the doctor’s negligence.
What is Negligence?
Negligence refers to a healthcare professional or provider falling short of the recognized standard of care, leading to harm, injury, or even the death of a patient. It involves actions, omissions, or decisions that deviate from the expected level of care provided by a reasonably competent and skilled healthcare professional facing similar circumstances. This concept is pivotal in medical malpractice cases, serving as the foundation for building a birth injury claim against a doctor.
Elements of Negligence
To establish liability for a birth injury, you must demonstrate the following four key elements of negligence:
Duty of Care
Healthcare professionals have a responsibility to provide a certain standard of skill, knowledge, and care in diagnosing and treating patients. In a birth injury case, this duty extends to the doctor’s responsibility for the medical care and treatment of both the pregnant mother and the fetus during prenatal care, labor, and delivery.
Breach of Duty
Negligence arises when a healthcare provider fails to meet the expected standard of care in a manner that a reasonable professional in the same field would in a similar situation. Breach of duty can encompass errors in diagnosis, medication errors, inadequate prenatal care, improper use of delivery tools, delayed C-sections, and other deviations from accepted practices.
Causation
The success of a birth injury claim hinges on establishing a direct connection between the doctor’s negligence and the birth injury. The negligence must be proven as the proximate cause of the harm suffered by the infant, meaning that the birth injury would not have occurred had the doctor provided the appropriate standard of care.
Damages
This element requires demonstrating that the birth injury resulted in tangible harm or damages to the baby, the mother, or both. Damages can include physical injuries, emotional distress, medical expenses, pain and suffering, and other losses related to the injury. Without tangible harm, pursuing a birth injury claim becomes challenging.
Types of Evidence Needed to Prove a Doctor’s Negligence Resulted in a Birth Injury
Demonstrating negligence in a birth injury case requires a compelling compilation of evidence that collectively showcases the healthcare provider’s breach of duty and its direct connection to the injury. This can include:
- Medical Records: Comprehensive medical records, spanning prenatal care, labor, delivery, and postnatal care, offer crucial insights into the decisions made and actions taken by the healthcare provider.
- Expert Medical Testimony: Essential for defining the applicable standard of care, expert medical testimony is instrumental in identifying deviations from this standard and establishing the causal link between negligence and the birth injury.
- Photographic or Video Documentation: Visual documentation of the birth and injury serves as a powerful tool, vividly depicting the extent of harm suffered.
- Witness Accounts: Accounts from witnesses, including both medical professionals and family members, can provide valuable perspectives on critical moments and decisions during the birthing process.
- Documentation of Communication: Records of communication within the healthcare team, including notes, charts, and adherence to hospital policies or protocols, can reveal any gaps in the standard of care provided.
Collectively, these pieces of evidence construct a comprehensive narrative that can vividly illustrate negligence, its consequences, and the resulting birth injury
Speak To an Attorney Today
If you or your child has suffered a birth injury, it is critical to consult a trusted Atlanta birth injury attorney as soon as possible. They can advise you on your legal options, help you build your case, and ensure the doctor is held accountable.