If your child gets diagnosed with a birth injury, your family may be at a loss as to how to demand justice against the individual or institution that caused the injury, such as a hospital in Dallas. Before you can be awarded financial compensation by the courts for your child’s trauma, you or your lawyer must prove that a doctor’s negligence caused or significantly contributed to the injury. Proving a birth injury claim may take assistance from a personal injury lawyer.
Negligence in a birth injury case is the failure of a medical practitioner to use a proper, legal or ethical amount of care. Several examples of negligence could result in an injury to an infant during labor and delivery, including:
Any act of negligence during the birthing process, no matter how small, could result in a significant birth injury to a vulnerable infant.
A negligence claim of any sort has four main parts, often referred to as the four elements of negligence. To win a birth injury lawsuit that is based on the doctrine of negligence, you or your lawyer must provide evidence that establishes these elements. They are:
Establishing evidence of negligence is not always easy. You or your lawyer must provide proof that the defendant had an obligation to act in accordance with the rules and standards of the medical industry, did something that a normal and prudent practitioner would not have in similar circumstances, and that this is what caused your child’s birth injury.
The burden of proof in a birth injury case – and any personal injury lawsuit – is a preponderance of the evidence. This means clear evidence that is enough to convince a court that the defendant is more likely to be at fault for the birth injury than not at fault. It may be necessary to hire an attorney to help you preserve, collect and present compelling evidence to support your birth injury claim in Dallas. Evidence of negligence can include:
Expert testimony is often one of the strongest forms of evidence during a birth injury lawsuit in Texas. Birth injury cases involve complicated medical standards of care and the mechanics of an infant injury – topics that can be difficult for a jury to grasp without insights from a relevant medical expert. An attorney will have connections to qualified experts who can provide testimony and help you prove negligence during a birth injury lawsuit.
For more information about how to build a birth injury case in Texas, contact The Law Firm of Aaron A. Herbert, P.C. to request a free consultation.