Is your doctor responsible for your child’s birth injuries? It’s a sad thing when you don’t have the healthy child you want.
You wait nearly 9 months with nervous excitement about your unborn child.
Did you find out the gender? Will it be a surprise? What’s it going to be like to be new parents, or parents again for the 2nd, 3rd, or 4th time?
And then the unexpected, the scenario you worst fear, happens. Your child isn’t healthy.
In fact, they have birth injuries that will affect them for the rest of their lives.
Was your doctor responsible? Or were these injuries unavoidable?
In truth, medical malpractice claims are the most difficult of all personal injury claims to prove.
Why is it so Hard To Prove Medical Malpractice?
In a nutshell, this is because the burden of proof is on you, the patient. And it usually takes a slew of expert witness testimony from people with medical experience, that requires a lot of time and money to collect. Then it takes even more time and money to actually try your case. Sometimes, it costs a lot to simply learn your case isn’t viable!
But let’s assume you have reasonable suspicion it is.
To Prove Medical Malpractice, You Must Show 3 Things
- That the medical provider acted negligently (They acted unreasonably, doing something no other medical professional would do in the same situation). Note this is different than making a mistake. Medical providers are allowed mistakes under the law.
- Once you show negligence, you must then show the negligent actions caused your child’s birth injuries. If your doctor was negligent, but his actions did not cause your child harm, you have no case.
- If your doctor did not act negligently, your child would not have experienced their birth injuries.
Because medical malpractice claims have a high burden of legal and scientific proof, and because they are so costly and cause such immense emotional distress to the medical professional, the alleged victim, and their family, most Dallas personal injury lawyers only take these cases on if they are very clear-cut. This usually means your child experiences a catastrophic and permanent injury like brain damage, paralysis, mental disability, organ failure, or even death.
Most individuals alleging medical malpractice won’t have their claims pursued in court. It also wouldn’t be fair or ethical to you if your personal injury lawyer took on your case, knowing there’s a 50-50 chance you would win.
There is some good news, though!
Mullen & Mullen offers free consultations, so it costs you nothing to find out if you have a valid birth injury claim.