Not every birth injury lawsuit is successful. In fact, it can be very difficult to prove that a doctor or hospital caused your baby’s injuries. Generally, a strong birth injury case requires three important elements: a cause of action, evidence supporting the cause, and a convincing argument that connects the evidence to the cause of action. Let's take a closer look at these three elements.
Do You Have Cause to File a Kentucky Birth Injury Case?
The first step in a successful birth injury claim will be proving to the court or to the defendant’s insurance company that:
- The defendant owed your child a duty of care.
- The defendant breached the duty of care by failing to do what a reasonable person with similar training would have done in similar circumstances.
- The defendant’s breach of the duty of care caused your child’s injury which would not have happened but for the defendant’s action or inaction.
- Your child has a legal right to damages.
Gathering Important Evidence to Prove Your Claim
You will need evidence to prove each of the elements of negligence described above. Depending on what happened to your child, evidence could include:
- Your child’s medical records
- The mother’s medical records
- Witness testimony
- Deposition or interrogatory answers
- Hospital procedures and policies
- Other information
Convincing the Court That a Louisville Doctor Is Liable for Your Baby's Injuries
The evidence must be used to create persuasive arguments that convince the insurance company to settle with you or the court to find in your favor because you can prove that the defendant’s negligence was more likely than not to have caused your baby’s injuries.
An Experienced Birth Injury Lawyer Can Help You Every Step of the Way
You can improve your child’s chances of being successful in a birth injury case by working with an experienced birth injury law firm. Our attorneys and staff nurse are dedicated to helping children who have suffered birth injuries recover the fair damages that they are owed.
Has Your Family Been Impacted By A Birth Injury?
If your family has been impacted by a birth injury you need to speak with an experienced birth injury attorney as soon as possible. Contact us online or call our office directly at 888.450.4456 to schedule a free consultation.