Complications may happen during a birth or labor that could harm either the mother or child — or both. These injuries could have serious, life-long consequences for victims. While any birth could potentially harm the mother and some babies are born with disabilities naturally, many injuries are caused by medical malpractice and negligence.
Medical malpractice during a child’s birth can happen as a result of a medical professional’s negligence, such as the improper use of suction tools or forceps, delaying delivery or failing to diagnose fetal distress. If a mother or their child is injured during birth because of a medical professional’s negligence, the victim may be entitled to damages.
To support a birth injury claim, victims need compelling evidence that a medical professional failed to perform at the appropriate standard level of care that would be expected under similar circumstances. Here are a few forms of evidence that could be presented during a birth injury case:
Medical report
Medical records could include reports or notes that document the labor or delivery process. The report may include crucial details about any complications that might have happened as a result of medical treatment or the lack thereof.
Physical injuries
A mother or child may have physical injuries showing how they were injured during delivery. There may be evidence that supports the idea these injuries could have been avoided if the mother or child were given a better level of care.
Eyewitness testimony
A witness may have been present during a delivery who can provide evidence that puts a medical provider’s actions (or inaction) in context. Their testimony could help demonstrate how a medical professional acted during delivery and how their actions could have caused issues for a mother or child.
The right evidence could help victims of birth injuries recover damages for their losses or pain and suffering. Legal guidance can help you determine whether you have a case.
