But what happens when a doctor makes the wrong choice, or fails to make the right choice? In some cases, these failures of care rise to the level of medical malpractice – making legal action possible.
Negligence is key to any viable birth injury malpractice claim. When we trust a doctor or healthcare professional with the life of a child, we can expect a certain standard of care. Negligence occurs when a physician’s decisions – or indecisions – fall below this standard, causing injury or harm.
To win a case, your family will have to prove three things:
- The defendant (an obstetrician, doctor, nurse or medical facility) owed your child a legal duty of care
- The defendant violated that duty by acting or failing to act in the way that a reasonably competent doctor would have under similar circumstances
- The defendant’s violation caused harm to your baby
Expert witnesses are crucial to proving these claims. An experienced birth injury lawyer will rely on the testimony and interpretation of expert doctors, obstetricians and hospital administrators to define the standard of care that should have held during your delivery – and point out how your doctor violated that standard.