Seeing your baby for the first time is an indescribable feeling. But, what if while you’re cherishing this moment, you learned that your precious child has suffered from a medical malpractice during birth?
Many birth injuries lead to lifelong serious conditions, such as broken bones, spinal injuries, and cerebral palsy. It means that one simple mistake committed by a hospital staff member could change your child’s life forever – and for the worse. So, it won’t be a surprise if you feel the need to file a birth injury claim to fight for your child’s future.
Here are some elements of a birth injury claim:
1. Breach of Duty
According to birth injury attorneys from Atlanta, the first thing you must prove in this kind of claim is the breach of duty or negligence. The court must determine the scope of the duty of healthcare providers involved in the case, and it should examine whether these professionals did or did not do their duty, causing the injury of your child.
2. Causation Element
When it’s proven that the negligence of a doctor or a nurse has caused an injury, they will be held responsible and will pay for the damages. However, there are cases wherein injuries happen not due to negligence but as the mere result of risks that come with giving birth. Then again, as long as the plaintiff proves that the health care provider violated their duty and the patient has suffered an injury because of that violation, the causation element is present.
Without evidence of damages, you will lose your birth injury claim if you can’t present proof of the health care provider’s negligence. Damages include past medical bills, current health care costs, and other things that are easy to calculate. In addition, damages may also include future medical expenses, parent’s loss of earnings while taking care of their injured child, suffering, inconvenience, pain, and other things that cannot be easily quantified.
Though it’s a sorrowful battle, a birth injury claim is a battle worth fighting for. But you don’t have to face it alone. With the help of an efficient medical malpractice lawyer, you can win this case — not to revert the damages, but to at least secure your child’s future.