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How do I determine if a health care provider is responsible for my child’s birth injury? With a birth trauma case you have to prove the three ingredients that go into any medical malpractice case which is negligence, injuries and damages, and those damages have to be directly proven to have resulted from the negligence.
In a birth trauma case when we have a picture such as a child that ends up unfortunately with cerebral palsy, often cases get defended on what we call the causation issue. Children can have cerebral palsy deficits without an adverse birth outcome, so you have to be able to marshal the evidence, proof, and the expert witness testimony to show that in a particular circumstance the neurological outcome and the deficits confronting a child are provably related to a doctor doing something or failing to do something to provide for the baby’s well-being during delivery.