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How do I win my birth injury malpractice lawsuit?

When a child is born with a serious injury or disability, the parents’ joy likely is mixed with heartbreak, especially if the disability will shorten the infants’ life. Many serious disabilities happen because of genetics or random chance. Other times, the baby would have been born healthy if the obstetrician had done their job appropriately.

Many parents consider bringing a medical malpractice lawsuit against their obstetrician, but may wonder if proving that the doctor was negligent during delivery is too difficult. Making a successful malpractice claim is usually very technical, but parents in Pennsylvania and throughout the country have been able to obtain a verdict or settlement that will allow them to provide their child the care and tools he or she needs.

In general, proving medical malpractice requires the plaintiff to show two things by a preponderance of the evidence:

1. That the physician deviated from accepted standards of medical practice, and

2. That deviation caused the patient’s injury.

Doing so requires evidence, of course. This usually means utilizing the experience and knowledge of expert witnesses. A good expert witness will investigate the case, discern how the doctor acted negligently, and be able to explain his or her findings to the judge or jury.

Other types of evidence in a birth injury case can include documents showing that a member of the medical staff deviated from standards for the administration of drugs.

The first step in a successful birth injury claim is finding a knowledgeable personal injury attorney to represent you.

Source: 61 Am. Jur. 2d Physicians, Surgeons, Etc. § 331

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