Proving Negligence in Birth Injury Cases

Because birth injury cases are often associated with medical negligence—or a healthcare provider’s failure to exercise reasonable care—it’s important to carefully prepare and evaluate your medical records before a case is filed.

Even if you think that your actions as a mother were partially responsible for the injury, you shouldn’t feel discouraged—you still have legal rights. Contact an Ohio birth injury lawyer at Nurenberg, Paris, Heller & McCarthy today to find out if you may have a case. Call (888) 900-6075 or complete a free initial consultation form.

Preparing Your Case

When the legal team at Nurenberg Paris is investigating and preparing your case, we will:

  1. Obtain Medical Records.
    In order for a birth injury lawyer to obtain your and your child’s medical records, you (the parent(s)) will have to sign a medical authorization form that gives us access to those records.
  2. Evaluate the Medical Records.
    Once the medical records are in our possession, we will read and review the mother’s prenatal records and the child’s records and look for any evidence that the injuries could have been prevented.
  3. Consult Experts
    After reviewing the medical records, our law firm will seek the professional opinions of medical experts, such as nurses, obstetricians, pediatricians, pediatric neurologists, economists, life-care planners, and others.

What We Need to Prove

If the evidence we collect during the investigation and preparation process shows that you have a strong case, your birth injury attorney will file a claim on your behalf. In order to prove that negligence was a factor in your case, we must show that:

  • the doctor handling the delivery failed to meet the standard of care as another reasonable doctor in that situation would.
  • because of the doctor’s actions or failure to act, the mother or baby sustained an injury.

Nurenberg Paris has investigated and pursued many birth injury cases, and we are knowledgeable about the factors that that establish whether there was negligence or whether negligence caused injury to you or your child.