• Can you prove a doctor’s negligence caused a birth injury?

Provided mother and baby receive adequate medical care, most births go smoothly. However, if a doctor, nurse, anesthesiologist, or any other healthcare worker makes a mistake during the labor and delivery process, the likelihood of a birth injury rises significantly. 

Establishing that a doctor’s negligence caused a birth injury requires a plaintiff to prove the elements of a Michigan birth injury claim:

  1. A doctor-patient relationship existed.
  2. The care provided by the doctor fell below “the degree of diligence and skill which is ordinarily possessed by the average of the members of the profession in similar localities.”
  3. The doctor’s negligent care resulted in harm to the mother or child.
  4. The mother or child suffered legally recognizable damages, such as a worsening medical condition.

Because most birth injuries have multiple potential causes, it’s challenging to establish causation in a birth injury case. In almost all birth injury cases, the person bringing the claim must obtain an expert affidavit from a doctor who practices in the same field as the allegedly negligent provider. In this affidavit, the expert must explain the relevant duty of care and provide an opinion that the care provided by the defendant doctor fell below that standard. The expert requirement helps weed out cases not caused by a doctor’s negligence and allows the judge or jury to understand the complex scientific and medical background necessary to evaluate these claims. 

Contact the dedicated Michigan birth injury lawyers at Sommers Schwartz, P.C., for immediate assistance if your child was diagnosed with cerebral palsy or born with a serious birth injury. Our medical malpractice birth injury attorneys have a nationwide reputation for excellence and are steadfastly committed to advancing our clients’ interests at every possible opportunity. We also offer free consultations and can be reached at https://www.sommerspc.com/.

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