Families who have a child with a birth injury can gather evidence for a civil case

Little Rock, AR – When someone makes a trip to the hospital, there is always a slight chance that something can go wrong. Unfortunately, even when a mother is giving birth is also a time that carries the possibility of an injury. Victims have the option of getting a lawyer and bringing a case against the doctor or hospital where the incident happened. They may be able to receive compensation for additional medical treatment and other losses. 

How the medical field defines a birth injury

Healthcare professionals describe a birth injury as any impairment to the body, functioning, or structure of a newborn due to a mistake or problem that happened during the procedure of birth and delivery. This can include the timeframe from when the mother goes into labor until shortly after the child has fully emerged and is being handled by doctors and medical staff. There are a variety of injuries that can range from things like minor cuts and bruising, all the way to permanent forms of brain damage or fatalities. Risk factors for these kinds of complications during birth can be due to conditions present in the body of the mother or the child, along with simple human error by the medical staff and improper medications. 

Gathering evidence for a medical lawsuit

Victims should begin to gather some information and evidence related to the hospital or office where the procedure took place, the name of the supervising physician, and photos of the injury. The plaintiff’s lawyer will also begin the discovery process after they file the initial pleading to begin the lawsuit. This includes some of the basics about when and where the incident happened, along with a list of damages. After this document is filed, the parties will also begin the discovery process. During discovery, the sides will have to exchange relevant information regarding a number of issues. This will normally include records of the incident, along with the possibility that individuals involved in the procedure may be called for a deposition or to testify at trial.  

Proving negligence

Most civil cases are related to the victim proving that the defendant was not careful enough when they caused an injury. Doctors are held to a higher standard of care than most other professionals because of their training and backgrounds, along with the fact that many procedures can have serious consequences for a patient if they are not performed properly. In medical malpractice cases, there is often testimony from other doctors with similar backgrounds to speak of the relevant standard of care and examine what may have gone wrong. 

Contacting a lawyer to get help after a birth injury or related problem

USAttorneys.com can help people who have experienced medical malpractice file a lawsuit in Little Rock and other parts of the country.