Birth injuries can lead to devastating and long-term impairment, considerable financial stress, and deep emotional challenges for those affected. When a medical provider’s carelessness is to blame, they can be held responsible through a malpractice claim. However, in Washington, D.C., proving their fault requires meeting a high legal standard. Here’s what you need to know about proving fault for your birth injury case—and what an experienced birth injury lawyer can do to help.
The Standard of Proof in D.C. Medical Malpractice Cases
Birth injury cases are a type of medical malpractice claim that involve a high standard of proof. In general, winning a personal injury case requires you to prove someone acted negligently and caused your injuries based on a legal standard called “the preponderance of the evidence.” This means the evidence must show that it’s more likely than not that the liable party committed the act in question and caused your injuries.
In medical malpractice cases, you must show that the healthcare provider’s actions did not meet the “medical standard of care.” This means you must demonstrate that the doctor’s actions did not align with what a reasonable doctor with similar training and experience would have done in a similar situation.
Once you prove that a doctor’s actions did not meet the medical standard of care, you must then demonstrate a direct link between their negligence and any resulting injuries.
Evidence to Prove a Washington, D.C., Birth Injury Claim
Winning a birth injury case in Washington, D.C., is challenging, and you will need considerable evidence to back up your claim. Some common types of evidence in these cases include:
- Medical records provide detailed information about the mother’s and baby’s medical history, treatments, and the procedures during pregnancy, labor, and delivery.
- Witness testimonies include statements from doctors, nurses, and other healthcare providers present during the birth.
- Expert witnesses can explain how the injury occurred, if proper care was given, and the how the injuries resulted from the defendant’s negligence.
- Fetal monitoring strips provide data showing the baby’s heart rate and other vital signs during labor, indicating distress or complications.
- Photographs and videos are visual evidence of the baby’s condition after birth, including any visible injuries.
- Personal testimonies from the parents speak to their experiences and the impact on their family.
Deadline to File a D.C. Birth Injury Lawsuit
The Code of the District of Columbia gives you three years from the date of a birth injury or the date you discover the likely source of the birth injury to file a lawsuit, whichever is later. Determining the date that a birth injury occurred or was reasonably discovered can be complicated, and can be extended in some cases.
Furthermore, you must provide the medical provider with 90 days’ notice before filing your claim. This gives them time to review the situation and determine whether to mount a defense or attempt to settle your claim out of court. If they do not respond or do not offer a fair settlement, you may file a lawsuit.
Contact Our Washington, D.C. Birth Injury Lawyer Now
Is your family coping with the aftermath of a birth injury in Washington, D.C.? If so, you deserve compensation for what you’ve suffered and for what you will need in the future. The team at Simeone & Miller, LLP wants to help you get it. We have extensive experience with these cases and can pursue your claim by:
- Investigating the medical care received to determine where and how the mistake occurred
- Filing notice of your intent to sue and preparing the necessary paperwork to do so
- Working with medical experts to build a strong case
- Representing you in settlement negotiations and at required mediation sessions
- Taking your case to trial if necessary
Don’t wait to demand justice on behalf of yourself and your child. Call Simeone & Miller, LLP today for a free consultation with a medical malpractice lawyer in Washington, D.C.
