In a birth injury case, the burden of proof lies with the plaintiff, meaning that as the family pursuing the claim, you must demonstrate that the healthcare provider’s negligence directly led to your child’s injury. This involves establishing four critical elements: duty of care, breach of duty, causation, and damages. First, we must show that the healthcare provider owed a duty of care to both mother and child during delivery, which is generally established through the patient-provider relationship.
Next, we focus on proving that the healthcare provider breached this duty by failing to meet the standard of care expected of a competent medical professional under similar circumstances. This breach of duty might include failing to monitor fetal distress, misusing medical equipment, or neglecting to diagnose complications during pregnancy.
Causation is the next necessary component that must be proved in a birth injury case. Here, we must clearly demonstrate that this breach led to the injury, proving that the outcome would likely have been different had the provider acted appropriately.
Finally, we quantify the damages, encompassing both economic damages, such as medical expenses, and non-economic damages, like pain and suffering. Expert testimony is often necessary to establish these elements, particularly when it comes to showing how the injury occurred and its future impact. We work with a network of trusted medical experts who provide detailed insights into the healthcare provider’s actions, strengthening our case and clarifying how their negligence caused the harm.