What kind of evidence is used to prove a birth injury claim?

When a child has suffered a birth injury, often the parents or the doctor may be held liable. In order to prove a birth injury claim, different types of evidence may be used. In Oregon, the evidence needed to support a birth injury claim can range from medical records and reports, to expert opinions from medical professionals. Medical records, such as prenatal care records, ultrasounds, lab tests, and birth records, can be used to illustrate the precise details of the pregnancy, labor and delivery. Such records can provide insight into any possible signs of a birth injury prior to or during a delivery. Medical professionals, such as obstetricians and pediatricians, may also be consulted to provide expert opinions on the matter. These individuals can provide their knowledge and insight on how the birth injury occurred, and can analyze the medical records to determine if it is linked to any medical malpractice or negligence. Witness statements from family members, nurses, and other medical staff may also be used to provide details of the labor and delivery and can help improve the strength of the evidence. Lastly, and in certain cases, statements or affidavits from the doctor or medical facility itself can be utilized to document any errors made that led to the injury. These documents may even reveal how the medical team failed to follow the standard of care. Overall, using these evidence sources can show the connection between the medical negligence or malpractice and the birth injury. It is important to understand the types of evidence used in order to prove a birth injury claim in Oregon.

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