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Proving a Birth Injury: What You Need to Know?

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A Cook, Software analyst & Blogger.

Proving a Birth Injury: What You Need to Know?: No one expects the birth of their child to be anything but a joyous moment. But sometimes, a birth can turn into a nightmare, especially if the child suffers a birth injury due to substandard medical care.

If you’re in that position, you might think proving a birth injury is impossible, particularly because medical professionals have some immunity in legal cases.


Proving a Birth Injury: What You Need to Know?

However, Wagners Law Firm is here to tell you that it is possible to prove medical malpractice in a birth injury case. Here’s what you need to know.

Proving a Birth Injury: What You Need to Know?

Causes of Birth Injuries #1

Studies have shown that there are numerous common labor and delivery situations that can lead to complications during birth.

Proving a Birth Injury: What You Need to Know?

Your medical team is responsible for providing reasonable care to you for any potential complications including, but not limited to large babies, prolonged labor, atypical delivery presentations, and the use of devices such as vacuums and forceps.

Reasonable care varies from situation to situation, but include:

  • Regularly and adequately monitoring your progress throughout your labor and delivery.
  • Monitoring the baby’s heart rate for signs of trouble throughout labor and delivery.
  • Taking immediate action when fetal distress becomes apparent.
  • Properly managing a high-risk pregnancy and delivery.
  • Promptly and correctly diagnosing potential complications.
  • Delivering the baby by C-section when medically indicated.

While not every birth injury is medical malpractice, many are and an experienced personal injury lawyer can investigate your specific circumstances surrounding your labor and delivery to determine whether or not you have a case.

Types of Evidence Needed in a Birth Injury Case #2

Witness statements are extremely important in a birth injury case because much of what happens during labor and delivery isn’t recorded, either in writing or on video.

Proving a Birth Injury: What You Need to Know?

As such, everyone who attended the labor and delivery needs to be interviewed.

While you have the right to talk to anyone who was there during the event, you might find it difficult to get them to open up to you or know the right questions to ask. A lawyer will know exactly what to ask and how to get statements from witnesses.

Other evidence that an attorney can help you obtain include your pre- and postnatal medical records, your child’s medical records, and photos (where necessary).

You are entitled to all of this information, but a lawyer can usually get it more quickly through legal requests.

Birth Injury Claims Process #3

There is a specific claims process that has to be followed when filing a birth injury claim. You can’t just go into the hospital and demand they pay for your baby’s injury.

There are deadlines that have to be met, insurance companies to deal with, evidence to be obtained, and witnesses to be interviewed.

Then, there’s the negotiation process, which can take a long time, even for seasoned attorneys. 

You should be focusing on helping your child recover from their injury and not on ensuring your claim is filed properly and in a timely fashion.

That’s what an attorney is for and they are honored to help you and your child get the compensation you deserve.


We hope you never have to use the services of a personal injury lawyer for a birth injury, but if you do, know that they will work as hard for you as they would for their own family member.

Proving a Birth Injury: What You Need to Know
personal injury lawyer for a birth injury

You deserve that dedication, especially given all you’ve gone through.

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