What is the burden of proof for a birth injury claim?

The burden of proof for a birth injury claim in Washington is the same as any other personal injury claim: the plaintiff must prove that the defendant was negligent and that the negligence was the cause of the harm. In other words, the plaintiff must prove that their injury was caused by the defendant’s failure to exercise a reasonable level of care. In the case of a birth injury, the plaintiff must show that the healthcare provider failed to do something they should have, or did something they should not have, that resulted in the injury. The legal standard used to prove a birth injury claim is a “preponderance of the evidence”. This means that the plaintiff must present enough evidence to show that it is more likely than not that the defendant’s negligence was the cause of their injury. This evidence can include medical records, expert witness testimony, and testimony from witnesses who were present at the time of the injury. Depending on the circumstances, the plaintiff may also need to prove that the injury resulted in additional medical expenses, lost wages, or pain and suffering. It is important to note that there are specific statutes of limitations in place for birth injury claims in Washington. This means that a plaintiff must file their claim within a certain period of time after becoming aware of the injury. Failure to do so may prevent the plaintiff from recovering damages for their injury. For this reason, it is important to seek legal advice as soon as possible if you or a loved one has suffered a birth injury.

Related FAQs

What is the difference between a birth injury and a medical negligence claim?
What types of medical experts are used in birth injury cases?
What are the most common types of birth injuries?
What is a fetal death and can a parent file a birth injury lawsuit?
What is a birth injury settlement?
Do I need a lawyer to file a birth injury claim?
Are there time limits for filing a birth injury lawsuit?
How long does a birth injury lawsuit take to resolve?
What is a neonatal stroke and can a parent file a birth injury lawsuit?
What is the difference between a birth injury and a birth trauma?

What is the burden of proof for a birth injury claim?

Related FAQs

Related Blog Posts