How can I prove the doctor or hospital was negligent in a birth injury case?
In order to prove that a doctor or hospital was negligent in a birth injury case in Oregon, you will need to provide evidence that the standard of care was not met. This means that you must prove that the doctor or hospital did not use the same care and skill that another similarly-situated doctor or hospital would have used in the same circumstances. This is often done by obtaining expert testimony from a qualified medical expert. The expert will review the medical records and provide a written opinion as to whether or not the standard of care was met, and what should have been done in the particular case. Additionally, you may need to provide evidence of the actual harm caused by the negligence. This is often done by examining hospital records, medical bills and other evidence to document the physical, emotional, and financial impact of the injury. Finally, you will need to prove that the doctor or hospital’s negligence was the direct cause of the injury. This can be accomplished by showing that any reasonable person in the same situation would have been able to determine that the risk of injury could have been avoided, and that the doctor or hospital in question failed to address the risk. If you can provide sufficient evidence to prove all of these elements, then you may be able to prevail in a birth injury case in Oregon.
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