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How Do You Prove a Birth Injury Lawsuit?

When you are seeking financial compensation for your child's birth injury, you must prove that the doctor or healthcare provider was negligent. This is the entire basis of a medical malpractice case. 

This is far more complicated than it sounds. Proving a birth injury caused by medical malpractice can be an incredibly difficult process. Along the way, the health care professional and their insurance company may be fighting hard to protect themselves from liability. 

To explore whether you can receive compensation for your child's injuries, contact an experienced birth injury attorney at Rosenfeld Injury Lawyers for a free case evaluation.

Baby Covered Blood Newborn Labor Delivery

Common Birth Injuries

Here are some of the common injuries that are reasons for medical malpractice lawsuits after birth:

  • Cerebral Palsy - significant trauma to the head during labor and delivery can cause permanent damage
  • Brachial Palsy - a difficult delivery can cause damage to the network of nerves that send signals between the spinal cord and shoulder
  • Caput succedaneum - pressure on the scalp from the uterus during delivery can cause swelling of the skull
  • Perinatal Asphyxia - a lack of oxygen during the delivery can cause permanent brain damage
  • Hypoxic Ischemic Encephalopathy - one side effect from the lack of oxygen is that the baby suffers a stroke during delivery

There are numerous other birth injuries that can present long-term complications for the child. The doctor must know the risk factors for birth injuries, including both the mother's health and the size of the baby. Oftentimes, birth injuries are a result of doctors missing warning indicators before the incident occurred.

Client Reviews
★★★★★
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
★★★★★
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
★★★★★
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
★★★★★
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa