A birth injury is harm that occurred to a baby before, during or after birth. The harm may develop as a medical condition or an injury such as a broken arm. A birth injury is typically the failure of the medical professional. This failure is called medical negligence. Medical negligence occurs when the medical professional such as a doctor’s treatment of the patient causes additional harm. The example of this is a perfectly healthy baby experiencing a broken bone during the delivery process.
Proving a Birth Injury Occurred in Arizona
Medical malpractice is the personal injury area of law devoted to righting the wrongs of substandard medical care. Birth injury is a highly specialized area of medical malpractice. The medical professional caused a birth injury because they failed to follow the medical safety rules and harmed a baby. The harm may be obvious. However, Arizona medical malpractice law requires parents to prove their child was harmed by the medical professional. This means proving a series of steps called elements in court. These elements must be proven regardless of the type of harm the baby suffered.
The Medical Professional had a Legal Duty to the Child
The medical professional has a responsibility to treat a child without causing harm. This is called a legal duty. This means they must provide medical care and deliver the baby without their action causing the baby an injury or medical condition. Legal duty is easy to establish because the parents must show a physician-patient relationship existed. Thus, the parents hired the medical professional to deliver their child.
The Medical Professional Breached the Legal Duty
The next step in proving birth injury medical malpractice is the medical professional breached their legal duty to the baby. This means they did not provide standard treatment expected by Arizona law. Instead, they provided substandard treatment. This is proven by birth injury lawyers phoenix az calling a medical expert to the witness. The medical expert testifies that another medical professional would have provided different care in the same and/or different circumstances.
Cause and Damages in a Birth Injury Claim
The next two steps are causation and damages. Causation refers to the medical professional being directly or indirectly the cause of the birth injury. Thus, their actions or inaction led to the baby’s injury. Attorneys are required to connect the dots between the medical professionals actions and the injury. Showing damages such as additional medical bills and pain and suffering.
Speak to a Birth Injury Attorney in Phoenix
Medical malpractice is a tough aspect of personal injury law to prove. Parents must show their child was injured in a series of specific steps. These steps must be strengthened by evidence. Evidence includes medical bills and type of injury the baby sustained before, during or after birth. It’s important to speak to an attorney about proving their birth injury medical malpractice claim in Phoenix. They will represent parents in both a settlement and/or trial.