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Medical Malpractice for Birth Injury
Childbirth can be a difficult procedure and there can be complications that occur that are not caused by medical negligence. How do you know if a doctor was medically negligent? In general, medical malpractice is an act or failure to act on the part of the doctor which does not meet the standards practiced in the medical community and causes injury to a patient. Would other doctors in a similar situation have done the same thing? In order to prove medical malpractice in your case you must prove the following:
- Breach of the standard of care
Did the doctor make a mistake that a reasonable doctor under the same circumstances would not have made? To prove this you may need the testimony of another doctor or good expert witness.
- Causation
Did the mistake the doctor made cause injury to your infant? This means you have to prove that if the doctor had not made the mistake then your baby would not have been injured.
- Damages
What was the severity of the injury to your infant? This could include medical bills, pain and suffering, continued medical care or death.
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