How is doctor error determined after a birth injury?

The birth of a child is likely one of the most anticipated moments of a person's life. Parents in San Bernardino dream of this day for a long time. However, things can go wrong during the delivery of the child, which can result in a birth injury or defect. Depending on the severity of the injury or defect, the child will suffer from different disabilities or ailments.

If the doctors or other medical professionals did not adhere to the appropriate standard of medical care, the injured child's parents can file a medical malpractice case.

Five in every 1000 children are said to suffer an injury during birth in the U.S. This is five too many. It is possible that some of these birth injuries could be prevented with better medical care.

To show that a doctor committed medical malpractice during the birth process, plaintiffs must prove three elements. First, that the medical professional in question owed a legal duty of care to the plaintiff. This person then failed to administer appropriate care during the delivery process. Finally, the plaintiff must show that this breach of duty caused harm to the child, which resulted in a birth injury. Expert witness opinions are critical to proving that this duty was indeed breached and resulted in the birth injury.

A baby shouldn't have to know the hardships associated with a debilitating birth injury. But the reality is that they happen, more often than they should. A birth injury can affect the child throughout life. In cases where the injury was caused by a doctor or hospital staff, victims should understand their legal rights.

Source: FindLaw, "Birth Injury Overview," Accessed May 4, 2015

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