How can I prove medical negligence caused a birth injury?

In order to prove medical negligence caused a birth injury in Texas, an individual must establish that the medical provider had a duty to provide competent medical care and breached (failed to meet) that duty, leading to the injury. There must be evidence that the standard of care accepted by the medical community was not met by the medical provider. In addition, the individual must have suffered an injury or damages. The legal theory behind proving medical negligence is called ‘negligence per se.’ This means that the plaintiff (the injured individual) must prove that the medical provider failed to meet the expected standards of care, as defined by the accepted rules and regulations in the medical community. Examples of these standards of care include ensuring proper medical equipment is used, taking the necessary precautions to ensure the health and safety of the patient, and following up with any necessary tests or diagnostic procedures related to the patient’s condition. If these elements of negligence per se can be established, the individual may be able to prove that the medical provider’s negligence caused the birth injury. In Texas, an individual may also pursue a medical malpractice claim in which he or she must prove that the medical provider engaged in a breach of duty and that the damages and injury were a direct result of that breach. It is important to understand that birth injuries can be caused by medical negligence, but it is not always the case. It is necessary to consult an experienced birth injury attorney to determine the specific elements of the case necessary to prove medical negligence and resulting damages.

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How can I prove medical negligence caused a birth injury?

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