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What must be pleaded in a birth injury claim?

Birth injury legal cases are a subset of the wider legal field of medical malpractice. All cases of medical malpractice must be supported by evidence of negligence or other wrongdoing in order for an injured party to prevail and receive the damages they may need to get past their incident-related losses. In Honolulu, a child harmed in a preventable or negligence-based labor and delivery incident may have a claim for damages based on their sustained birth injuries.

In order for a victim of a birth injury accident to plead a successful claim there are several elements that must be met. First, a victim must show that the responsible medical provider owed them a duty of care. Usually when a doctor, nurse or other medical practitioner takes on a person as their patient a link can be formed between that practitioner and the victim that establishes the existence of a duty.

Next, a victim must show that the medical practitioner who owed them a duty of care was the cause of their injury or injuries. Often a medical practitioner whose negligence caused the injury did not meet their expected standard of care. Doctors, nurses and other medical professionals are held to a standard of competency for an individual of their profession. When their actions or conduct does not meet that standard it is possible that negligence occurred.

Next, a victim generally must show that they suffered harm due to the breached duty of their medical practitioner. Without an actual injury a victim may not have any basis on which to claim losses and therefore damages.

Birth injuries can manifest into lifelong battles that children must learn to overcome. The financial impact of these losses can be astronomical and individuals who are concerned about their children's possible birth injury claims are encouraged to discuss their questions with personal injury attorneys.

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