How do you establish negligence in a birth injury case?

To establish negligence in a birth injury case, you must prove four key elements: a duty of care existed, that duty was breached, the breach caused the injury, and the injured party suffered damages.

Our birth injury team thoroughly investigates each case to ensure these elements are met. Here’s how we approach specific types of birth injury cases:

Resuscitation Negligence.

When resuscitation efforts at birth cause harm, we analyze medical records, consult experts, and assess whether healthcare providers followed standard protocols. Delays or failures in providing oxygen or monitoring vitals are key factors we investigate. Medical experts help us determine if a similarly experienced professional would have acted differently under the same circumstances.

Newborn Infection Negligence. 

Negligence in newborn infection cases involves proving that medical professionals failed to promptly identify, diagnose, or treat an infection, leading to harm. We review medical records to understand when and how the infection occurred, the timeliness of diagnosis, and whether treatment met accepted standards. Expert opinions help assess whether the provider’s actions aligned with those of a competent professional.

Kernicterus Resulting From Jaundice.

Jaundice-related injuries, such as kernicterus, often stem from medical negligence when elevated bilirubin levels are not properly managed. Our team investigates whether healthcare providers adhered to protocols for monitoring bilirubin levels in newborns. This includes assessing the timeliness of interventions like phototherapy or exchange transfusion. Any delay or oversight in testing and treatment is evaluated in comparison to established standards of care. Expert analysis is integral in demonstrating how inaction or improper action directly caused harm.

If your child has suffered a birth injury due to medical negligence, we can help. Contact us for a free consultation to discuss your case and explore your legal options.