Proving Birth Injury Claims
Birth injury claims can be challenging to prove, since they require evidence that the doctor violated reasonable standards of care. One typical defense argument claims that because the child lived, despite the injury, the delivering physician acted within reasonable standards of care. This argument claims that the doctor needed to improvise during an unexpectedly “difficult” birth, and that the injury was an inevitable result of a procedure needed in order to save the baby’s life. However, what constitutes a “difficult” birth is subjective, and it is hard to determine whether a child’s life was truly “saved” in the weeks, months, and sometimes years after the delivery.
Prenatal medical records can help establish whether the doctor’s actions were necessary. For example, pre-birth. Did medical professionals decide whether or not the baby would be able to pass naturally through the birth canal without incident? Did professionals take sonograms of the baby at appropriate points to determine if the baby was too large to deliver without great risk of harm, and were their determinations reasonable given the information in the sonograms? During the birthing process itself, did doctors and nurses properly monitor the baby’s vital signs, including fetal heart rate? Did medical professionals ever realize the baby was “in distress” and in need of an emergency delivery? Birth injury claims must analyze all of these complicated factors. If you have never been through this process before, you need the experienced assistance of Kocian Law Group to review the complex medical records and to protect your legal rights.
Please do not hesitate to call Kocian Law Group with any questions you have about birth injuries your child may have sustained. We can help you conclude whether or not actual malpractice occurred. If you have a case, the medical malpractice attorneys at Kocian Law Group will fight for your medical bills, your just compensation, and your peace of mind. If malpractice has harmed your child, you deserve to see that those responsible for your child’s injuries are held accountable for their actions.