Missouri Birth Injury Lawyer

In a medical malpractice case, the burden of proof falls on the party initiating the lawsuit, also known as the plaintiff. In a birth injury case, the doctor-patient relationship is central. You can use documents pertaining to pregnancy consultations, appointments, billing statements, and other physician records to indicate that the mother attended and received medical care at a specific health care facility or from a particular provider.

After demonstrating that the health care provider worked with an expectant mother, the plaintiff’s attorney can establish negligence. Your lawyer will use the available evidence and applicable law to prove the following:

• Duty: Showing a doctor-patient relationship exists places a responsibility on the health care provider to effectively and professionally perform medical procedures.
• Breach: When a health care provider fails to meet the doctor-patient duty, they wind up breaching that duty.
• Cause: The cause of action in a medical malpractice lawsuit involves the injuries mom or child suffered due to negligence. The chain of events leading to the sustained injuries must have been the proximate cause of such injuries, and the doctor or other health care provider should have reasonably known that their actions or inaction could result in harm.
• Losses: Both economic and non-economic damage awards are necessary to receive total, fair compensation in a birth injury case.

Establishing this type of personal injury case requires persuasive evidence. Medical records, eyewitness testimony, and expert opinions regarding medical procedures and outcomes are crucial.

Overcoming resistance from negligent hospitals can be an uphill battle, and many try to avoid responsibility to protect their own interests (i.e., bottom line and reputation). Law firms that handle medical malpractice litigation daily possess the knowledge and expertise to uncover critical facts that improve case results.