Collecting Evidence for a Birth Injury Claim

Collecting evidence for a birth injury claim can be a challenging and emotional process.

A birth injury is a physical or neurological harm caused to a newborn during delivery. While some birth injuries are unavoidable, others result from the negligence or misconduct of medical professionals. 

If you suspect your child’s birth injury was preventable, you may have the right to file a medical malpractice lawsuit against the responsible parties. 

However, to prove your case, you need to collect sufficient evidence showing the injury’s causation and extent. This article will explore the types of evidence that can support your birth injury claim and how to obtain them.

Medical Records

One of the most crucial pieces of evidence in a birth injury claim is the medical records related to childbirth. These records can include prenatal care, labor and delivery, and postnatal care. 

You should request copies of all medical records from the healthcare provider that treated you and your baby during childbirth. These records can show whether the healthcare provider complied with the appropriate standard of care during the delivery, which is the level of care that a reasonable healthcare provider would have provided under similar circumstances.

Expert Testimony

To prove that your child’s birth injury was caused by medical malpractice, you need to establish a causal link between the provider’s actions and the injury. This is where expert testimony comes into play. 

An expert witness is a medical professional with specialized knowledge and experience in the field of obstetrics and gynecology who can testify as to the standard of care that should have been followed in your case.

The expert witness can review your medical records and provide an opinion as to whether the healthcare provider’s actions fell below the standard of care and caused your child’s injury.

Photographs and Videos

Photographs and videos of the birth and the newborn can also be useful evidence in a birth injury claim. For instance, photographs of the newborn immediately after delivery can show any visible signs of injury, such as bruises, cuts, or deformities. 

Videos of the childbirth can show whether the healthcare provider used forceps, vacuum extraction, or other instruments that could have caused injury to the baby.

However, it’s important to note that taking photographs or videos during childbirth is not always permitted or practical. The healthcare provider may have policies against photography or may require special consent or releases. 

Sometimes, the mother may not be physically able to take pictures or videos during labor and delivery. Therefore, it’s best to discuss the possibility of taking photographs or videos with your healthcare provider beforehand and obtain any necessary permissions or arrangements.

Witness Statements

Witness statements can also be valuable evidence in a birth injury claim. Witnesses can include family members, friends, or other healthcare providers who were present during childbirth. 

They can provide an account of what happened during the delivery, including any irregularities or deviations from the standard of care. Witness statements can also help corroborate or contradict the healthcare provider’s events.

It’s important to gather witness statements as soon as possible after childbirth, while the events are still fresh in the witnesses’ memories. You can ask witnesses to provide written statements or to testify in court if necessary. It’s also a good idea to keep a record of any witnesses you speak to, their contact information, and their relationship to you or the baby.

Other Documents and Records

Finally, there may be other documents and records that can support your birth injury claim. For example, if the healthcare provider used a medical device or medication that was later recalled or found to be defective, this information could indicate negligence on the part of the provider. 

Additionally, if you experienced complications during childbirth, such as excessive bleeding or infections, medical records related to these issues could also be relevant to your claim.

Getting Legal Assistance

Collecting evidence for a birth injury claim can be a challenging and emotional process. However, obtaining evidence can build a strong case that can help you obtain the compensation and justice you deserve. 

This can all be a lot to consider after your baby suffered a birth injury, which is why it can be helpful to seek the counsel of a birth injury lawyer. You can contact BIL Group for a free case review, where they can discuss your options with you.