Proving Liability For Birth Defects and Birth Injuries

You can and should sue if your baby was born with injuries or a birth defect because of the doctor's or medical personnel's negligence. It doesn't matter whether the newborn was harmed during labor, delivery, or right after delivery. A birth defect lawyer in Elk Grove Village can help you make a case provided they have strong evidence that proves medical personnel were negligent in their care and, thus, liable.

Top Elements of a Birth Injury/Defect Claim

Birth injuries and defects caused by medical negligence come under medical malpractice claims. Some of the elements you need to prove for a strong case include the following:

Duty of Care

Healthcare professionals have a duty of care or responsibility to provide appropriate medical care.


When you wish to prove a breach of care, you need to provide evidence that the actions of the doctor fell below the standard and level of care they have to provide patients.


A birth defect lawyer in Elk Grove Village can also help you prove that the doctor's breach of duty caused birth injuries or defects. The defendant (the doctor) may argue that uncontrollable factors caused them. In that case, you need to prove the birth defects or injuries would not have occurred if it weren't for their negligence.

Moreover, you also need to prove that the mother and baby's injuries were inevitable because of the doctor's negligence. Common examples include lacerations and fractures because of improper use of forceps.


As the claimant, you also have to prove that the doctor's negligence caused harm to the baby and the mother. Damages refer to the monetary compensation you deserve for your or your baby's injuries.

Evidence That Can Prove Standard of Care Breach

Each birth defect or injury case is unique and requires different evidence. Depending on the medical malpractice claim you bring against the doctor or medical personnel responsible for these incidents, you will need some or all of the following:

  • The medical files of the obstetrician detailing the care mother and child received, any underlying conditions the former had, any complications that manifested during the pregnancy or labor and medication, lab results, and diagnostic work results.
  • The medical records of the baby and the mother.
  • The medical records of the birthing center.
  • The pediatrician's medical records with records of the baby's medical status and aftercare details.
  • Eyewitness accounts from nurses, other doctors, and medical technicians at the scene.
  • Employment records of the parents showing the wages they lost as they took time off to care for themselves and their injured child.
  • Expert witness testimony explaining the medical care mother and child received, the injuries or birth defects sustained, the scope of the care mother and child will need, and the financial impact of the whole ordeal.

Contact I Am Calling My Lawyer For A Consultation Today!

The birth of a child should be a joyful occasion. If your newborn was injured during birth or you sustained injuries during the delivery because of the doctor's negligence, you deserve compensation for your pain and suffering. Dial (888) 841-4878 to book a consultation at I Am Calling My Lawyer today. Get solid legal representation from an experienced and compassionate birth defect lawyer in Elk Grove Village regarding your legal options.

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1990 E. Algonquin Rd., Ste 230
Schaumburg, IL 60173