Law Offices of Gary Osborne & Associates
Free Consultation Call or Email Us Today
419-318-3749 800-303-8842
search icon

What's required to prove negligence in a birth injury case?

"Standard of care" is a critical phrase anytime someone in Ohio is considering whether to file a claim seeking compensation for injury believed to have been caused by negligence on the part of a doctor, nurse or hospital.

Medical malpractice claims require showing that providers failed to provide a generally accepted standard of care. But how is that standard set, and what does it take to show that because the standard was not met it resulted in some compensable damage, whether it might happen to be for a birth injury or some other serious medical error?

The answer is that it may come down to the preponderance of opinion as expressed by the broader medical community. In other words, the testimony of other professionals with acknowledged expertise in the area of medicine in question is crucial.

Indeed, regardless of what the specific facts of your case may be success in a claim for compensation will likely depend on making sure a jury understands two things.

First, the panel has to be educated about what the standard of care is for a given medical situation. That's something that could require taking very complicated information and presenting it in terms that average people can easily understand. Second, the plaintiff will have to be able to show jurors that the defendant didn't follow those standards.

Another element that tends to be required is to show that the deviation from the standard directly resulted in the baby's injury. Sometimes it winds up being caused by circumstances in the birthing process outside the provider's control.

If your child does suffer injury during delivery you don't have to simply chalk it up to fate. An experienced attorney can assess whether the injury occurred because of preventable errors and whether a case for compensation exists.

No Comments

Leave a comment
Comment Information
Email Us For A Response