Experiencing a complication during pregnancy or childbirth can be one of the most frightening and heartbreaking times in a person's life. When these issues arise due to a medical professional's negligence, it can feel like a profound betrayal. If you believe you or your baby were harmed by a medical error, you may be wondering what steps to take next. Pursuing a medical malpractice claim requires diligent and careful preparation, and gathering the right evidence is crucial to holding the responsible parties accountable.
The Standard of Care in Medical Malpractice
In any medical malpractice case, the central question is whether the medical provider failed to meet the "standard of care." This is defined as the level of skill and care that a reasonably competent medical professional in the same field would have used under similar circumstances. To prove this, we must show two things: that the medical professional acted negligently and that this negligence directly caused the injury or harm.
Proving a deviation from the standard of care is a complex process. It requires more than just showing that a negative outcome occurred. It means demonstrating that a different, more careful course of action should have been taken and would have led to a better result.
Key Evidence to Collect for Your Case
Gathering evidence is a critical step, and it requires a thorough and methodical approach. Here are some of the essential types of evidence we would seek to build a strong case:
Medical Records: Your medical records are the foundation of your case. These documents provide a comprehensive timeline of your care, from prenatal appointments to the delivery room and any post-natal treatment. We would meticulously review these records to identify any missed diagnoses, incorrect treatments, or other signs of a medical error. This includes doctors' notes, test results, hospital charts, and fetal monitoring strips.
Expert Witness Testimony: Medical malpractice claims almost always require expert testimony. We work with qualified and compassionate medical experts who can review your case and provide an opinion on whether the standard of care was breached. Their testimony is vital for explaining complex medical issues to a jury and establishing a clear link between the provider's actions and the resulting injury.
Personal Testimony: Your personal account of what happened is also very important. We will listen carefully to your story, documenting every detail, from the conversations you had with your doctors to the symptoms you experienced. Your testimony helps us piece together the human side of the case and understand the full impact of the injury on your life and your family. We are here to listen with compassion and to ensure your voice is heard.
Damages Documentation: To secure the compensation you deserve, we must accurately document all damages resulting from the injury. This can include:
Medical bills and the estimated cost of future care.
Lost wages or reduced earning capacity.
Documentation of pain, suffering, and emotional distress.
In the tragic case of wrongful death, we would also gather evidence related to funeral expenses and the loss of companionship.
Talk to Miami Medical Malpractice Lawyers
At Rossman, Baumberger, Reboso & Spier, P.A., we understand the emotional and physical toll that pregnancy and childbirth errors can take on a family. Our team is committed to providing compassionate, diligent, and accountable legal representation. We believe that negligent parties must be held responsible for their actions. With over 200 years of combined experience and a track record of successful verdicts and settlements, we have the resources and expertise to fight for the justice you and your loved one deserve. We will handle the complexities of your case so you can focus on healing and rebuilding your life.
If you are a Florida resident and have questions about a pregnancy or childbirth injury, please contact our team for a free consultation at (305) 900-5493.