How can I prove medical negligence caused a birth injury?
When proving medical negligence caused a birth injury, there are several steps that should be taken. First, you must prove that the medical professional had a duty to perform and then failed to meet the “standard of care” expected of them. This means that you must show that a reasonable professional would have acted differently and that this difference would have prevented the injury. Second, the injury must be linked to the medical professional’s negligence. This is easier to prove if the injury occurred shortly after the medical treatment and if it is similar to known risks associated with the treatment. It can be harder to prove if the injury is not immediately apparent, such as a brain injury. In this case, it may be necessary to look at medical records to show that the injury resulted from the medical treatment. Finally, an expert witness must be used to testify that the medical professional acted negligently and caused the injury. In Minnesota, the law requires that a qualified expert must be used in any birth injury lawsuit. The expert will be responsible for providing a detailed explanation of why he or she believes that the medical professional acted negligently and that their actions caused the injury. By gathering and presenting these three pieces of evidence, it is possible to prove medical negligence caused a birth injury in Minnesota. However, it is important to note that birth injury cases can be complicated and the help of a qualified attorney is highly recommended.
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