The victim bears the burden of proof in birth injury cases, which means you must prove that a doctor or nurse’s mistake directly caused harm.
To do that, your lawyer needs to establish four key things: that the medical professional had a duty to provide proper care, that they failed to do so, that their failure caused the injury, and that the injury caused the victim to suffer harm or damages of any kind.
Let's break down these four elements to help you understand birth injury laws better:
Establishing Duty of Care
The first step in proving medical malpractice in a birth injury case is establishing that a professional duty exists between the healthcare provider and the mother and baby. This means proving then that the doctor, nurse, or medical staff was responsible for providing care during pregnancy, labour, or delivery.
In some extreme cases, lapses in that duty may become evident through overlooked symptoms—such as when a mother reports that her underwear smells like ammonia, a possible sign of infection or complications—yet those concerns are dismissed or not investigated.
Proving Breach of Duty
Once duty is established, the next step is proving that the healthcare provider breached this duty. A breach occurs when the medical professional fails to provide the level of care that a reasonable and competent provider in the same field would have delivered under similar circumstances.
For instance, if a doctor fails to perform a caesarean section (C-section) when medically indicated, they have breached their duty of care. A C-section is typically required when:
• The mother has a medical condition preventing a safe vaginal birth.
• The baby shows distress, indicating an urgent need for delivery.
• The baby is in an abnormal position, making vaginal delivery risky.
If a doctor does not perform a C-section in these circumstances and complications arise as a result, it demonstrates a failure to uphold the standard of care.
Other examples of breach of duty include failing to monitor foetal distress, improper use of forceps or vacuum extractors, and not addressing umbilical cord complications appropriately.
Establishing Causation
Proving a breach of duty is not enough; it must also be demonstrated that the breach directly caused harm to the baby or mother. This means that the birth injury would not have occurred if the medical professional had acted appropriately.
There might be a little complication here because birth injuries can have multiple contributing factors. However, an attorney must prove that the negligence either directly caused the injury or significantly increased the risk of harm. For example, in some jurisdictions, it is not required to prove that negligence was the sole cause of the injury, only that it increased the likelihood of harm.
If a doctor failed to monitor a baby’s oxygen levels and the baby developed cerebral palsy due to oxygen deprivation, the attorney must prove that proper monitoring and intervention would have prevented the condition.
The court would rely on the testimony of expert witnesses, such as obstetricians and neonatologists, to understand whether or not there is a causation link between the medical error and the resulting harm.
Proving Damages
The final element in a birth injury medical malpractice case is proving damages. Damages refer to the actual harm suffered by the baby or mother as a direct result of the medical professional’s negligence.
Evidence of damages includes medical records, expert opinions, and testimony from parents and caregivers regarding the child’s condition. Financial documentation, such as medical bills and future medical cost estimates, is also critical in calculating compensation for negligent medical care.
The Evidence You’ll Need to Prove Liability
To build a strong birth injury case, collecting and presenting key evidence is crucial. Some of the most important types of evidence include:
Medical Records and Documentation
These records include:
• Prenatal care records.
• Ultrasounds and foetal monitoring results.
• Labour and delivery notes.
• Diagnostic reports.
• Postnatal care records.
• Detailed documentation from the parents about what occurred during labour and delivery can also help pinpoint inconsistencies or lapses in care.
Second Medical Opinions
Seeking a second opinion from another qualified medical professional can provide an objective assessment of the case. A second opinion can confirm whether the care provided fell below accepted standards and contributed to the injury.
