If your child has suffered a birth injury, for
example brain damage due to being deprived of oxygen immediate before, during
or after their birth, it is understandable to want to assign blame. However,
establishing whether the injury to your child was the result of medical
negligence can also be essential if you intend to claim compensation.
It is important to understand that even if
medical staff did make a mistake, this does not necessarily mean that they were
negligent. If you are considering claiming birth injury compensation, it is
therefore important to understand what qualifies as
medical negligence and what evidence you need
to prove this.
What counts as medical
negligence?
To prove that a medical mistake amounts to
negligence you will generally need to show that:
·
The treatment you and/or your
child received during the birth fell below medically acceptable standards
·
This substandard treatment
directly lead to your child’s injury
These can be difficult to establish and you
will generally need to rely on a variety of evidence and expert testimony to
establish that these conditions have been met.
How do you prove medical
negligence?
There are usually four main types of evidence
that will be used when attempting to establish the medical negligence occurred
during the birth of your child:
·
Your and your child’s medical
records
·
Your testimony about what
happened during the birth
·
Witness testimony from others
who were present at the birth or at key points
·
Expert testimony from
independent medical professionals
 |
| flickr.com/photos/emagic/56206868/ |
Medical records and witness testimony will be
essential to establish what happened and whether the treatment you and your
child received fell below medically acceptable standards. Testimony from
independent medical experts can also help establish whether acceptable
standards where breached, as well as being key to demonstrating that the
negligent treatment directly resulted in your child’s injury.
While proving negligence is rarely clear-cut,
by pulling together all these types of evidence and any other relevant
information, your prospects of a successful claim are significantly improved.
Get the right legal support
for your claim
If you believe your child suffered a birth
injury due to medical negligence, it is strongly recommended to work with specialist birth injury solicitors to give you the best chance of a successful
claim. They will have the expertise and experience to advise you on the
strength of your claim and guide you through the entire process, including
proving that negligence occurred.
Many medical negligence solicitors work on a no
win, no fee basis, meaning you do not have to worry about paying legal costs to
your solicitor.
Making a medical negligence claim for a birth
injury can be a complex process that can take years to resolve (because the
consequences of a birth injury will not become apparent for some while), but
with the right support you will be best placed to achieve the best possible
outcome for your child.
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