What are the elements of a birth injury claim?
A birth injury claim in Washington requires certain elements to be present in order for the plaintiff to have a successful case. These elements are proof of negligence, causation, damages, and a ‘duty of care’ owed by the defendant. Negligence is when a person acts in a careless or reckless manner which causes injury to another. The plaintiff in a birth injury claim must demonstrate that the defendant’s careless conduct caused the birth injury. If a doctor failed to follow standard medical procedures in the delivery room, for example, that could be a form of negligence. Causation is another element of a birth injury claim. The plaintiff must prove that the defendant’s negligence was the cause of the injury. It is important to establish a ‘causal link’ between the negligence and the injury. Damages are the financial losses or expenses incurred due to the injury. In birth injury cases, this usually includes medical bills, rehabilitation costs, and physical therapy. In some cases, it also includes emotional damages, such as pain and suffering due to the injury. Finally, the plaintiff must establish a duty of care owed by the defendant. This means that the defendant had a legal obligation to act in a reasonable manner, such as a doctor following standard medical procedures. If the defendant breached this duty of care, and that breach caused the injury, then the plaintiff may have a successful birth injury claim.
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