How Can Birth Injuries Be Proven?

Unfortunately, medical malpractice is one of the most difficult types of liability to prove. Typically, attorneys refer to a four-part test to determine if medical malpractice is proveable during settlement negotiations or a jury trial.

These include:

• Duty: When doctors take the Hippocratic oath, they commit to doing no harm and doing their best to treat a patient effectively. Any dereliction of this duty may be considered medical malpractice. However, in order to prove that the doctor had a duty of care, an established medical relationship must be proven. For instance, a doctor attempting an emergency procedure on a plane wouldn’t be held to the same standard of duty as a patient’s general practitioner (GP).
• Direct Cause: In addition to showing that the doctor had a direct duty of care to their patient, a victim must prove that their injuries or illness was directly caused by the doctor or hospital’s medical error. For example, if a procedure was performed and the patient did not follow the correct post-procedure instructions, the doctor may not be liable for damages.
• Deviation: Deviation means that the doctor or hospital “deviated” from, or failed to follow standard best practices for their area of medicine. In general, this means that a similar “reasonable” specialist would have performed a procedure or prescribed a medication significantly differently.
• Damages: If deviation can be proved, a victim will also need to document and attempt to prove their damages. This can include providing prescription and medical records, as well as getting statements from similar specialists. Damages can involve both direct healthcare costs as a result of the malpractice incident, as well as emotional, psychological, and financial damages as the result of lost wages or a reduction in work capacity.

What Can I Do To Prevent Birth Injuries?

Unfortunately, medical malpractice can be very difficult to avoid. However, there are a few steps you may be able to take to reduce your (or a family member’s) chances of becoming a victim in the future.

• Research and vet doctors and hospitals: While reviews are a good place to start, it’s also ideal to get references or referrals if you are changing doctors, seeing a new specialist for a specific health issue, or are planning to undergo a serious procedure.
  
• Get a second (or third) opinion: If you are considering a significant medical procedure, such as highly invasive surgery, or considering taking a new medication, you may want to consult with a second or third doctor to get their opinion. You might find that the procedure you were planning may not be necessary, or that the medication you were planning to take could have dangerous side effects. This way, you can make more informed decisions when it comes to your health.
• Ask for your medical records regularly: Even without malpractice, medical records are often lost, mixed up or filled with errors. A doctor viewing inaccurate medical records may inadvertently commit a medical error due to incorrect information. For that reason, you should always ask for copies of your medical records to ensure that you present your doctor with the most accurate, up-to-date copies.
• Ask lots of questions: The more you know, the less likely you will be to face medical malpractice. In addition to consulting with multiple doctors, you will generally want to ask detailed questions about recovery times, side effects, and possible negative outcomes of any procedure. This way, at the very least, you will be better informed of the risks of any medical care you are about to receive.

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