What Are the Elements of a Medical Malpractice Claim?

In a few of our previous posts we have discussed cases related to birth injury caused by medical negligence or faulty medicine. This is why today, we would like to finish this topic by listing the elements of a claim in different cases!

Elements Of a Claim in case of Caregiver’s Malpractice
If you bring a birth injury claim against your medical facility, obstetrician, or other caregiver, your negligence lawyer will be responsible to show that:
– The defendant owe a legal duty of care to you and your baby. The defendants according to the US laws which regard medical malpractice cases can be physicians, nurses, medical facilities, obstetricians, pharmaceutical companies, or medical device manufacturers).
– The defendant failed to act in a reasonable competent manner in the respective circumstances.
– The defendant failed to provide the standard amount of care which caused a harm to the newborn baby or its mother.

The help of an expert witness or a few of them will most probably be used to support the claim your personal injury attorney has filed in court. In most cases these are obstetricians who have knowledge about problems that may arise during pregnancy and delivery. He/she will be able to analyze any complications and comment on any wrongful actions which the defendant has done. This will help the jury and judge get a picture of the case from a medical point of view. Most often caregiver’s malpractice cases lead to Erbs Palsy and Cerebral Palsy which is why it should come as no surprise that most infant injury cases brought in court are dealing with these medical conditions.

Elements Of a Claim in case of Mother’s Use Of Wrongfully Prescribed Drug
Claims which concern complications during delivery because off taking faulty drugs are normally filed against pharmaceutical companies. They can also be filed against a pharmacists, and treating physicians in case they have not informed the mother about the potential hazards taking such drugs during pregnancy has. Those who are dealing with such cases will most probably need to prove that:
– The drug in question was used by the mother-to-be during pregnancy.
– A healthcare provider, physician, or pharmacist had prescribed the drug in question.
– The birth injury was not a result of a heredity, disease, towards genetics, etc. but was caused due to the fault of another party which acted negligently/
– Birth defects can be caused by the drug in question, and it was this medicine that caused the problem. In order for this to be determined expert opinion is required.

No matter the cause of the medical malpractice case, if you want to defend your legal rights as a mother and the legal rights of your baby you should consider hiring a personal injury attorney from the very beginning of your case litigation. 855-WIN-THE-CASE (motorcycle accidents attorney Whittier) can help you find the best lawyer to win your case if you are located within the state of California!