5 Facts About Birth Injury Lawsuit Evidence
Having a newborn with a birth injury due to medical malpractice negligence is utterly devastating. So is being a mother who is the victim of birth injury medical malpractice negligence. When these heartbreaking scenarios occur, seeking legal help is often a priority for individuals and families. And evidence is the engine that drives the train to justice and fair financial compensation. Here are five facts about birth injury lawsuit evidence:
1. A case must be provable.
In order for any legal case to be successfully settled, harm caused by a breach of duty of care must be proven via hard evidence. Hearsay and conjecture are off limits.
2. The sooner a case is brought to a lawyer or legal team, the better.
Evidence is an exceptionally important aspect in birth injury lawsuit cases. Gathering it as soon as possible helps ensure both accuracy and inclusiveness, and lessens the likelihood that key medical witnesses will have changed jobs, moved, or both, causing any delays. It also gives a lawyer or legal team the greatest amount of time to prepare a case within the timeframe legally set in the statutes of limitation (see Chapter 95, Florida Statutes). In Florida, birth injury lawsuit attorneys are bound by mandatory legal requirements of a pre-suit investigation that includes obtaining a written review by a medical expert before filing a birth injury lawsuit.1 This takes time. The more time allotted do a thorough legal investigation, the better, enabling lawyers and legal teams to develop birth injury lawsuit cases that maximize both the justice and compensation a child, mother, and/or family receives. Cases generally take between a few months and several years to conclude.
3. The more evidence, the better.
Evidence is evidence. No matter how small an amount of proof may be or how trivial it may seem, it may have more of an impact than meets the eye. Records, witness statements, and various types of documentation including pictures, videos, and correspondence via texts, emails, and standard mail are only some types of birth injury lawsuit evidence to consider.
4. Expert witnesses are useful.
Expert witnesses can help support factual events and chains of events and how they relate to a case based on birth injury lawsuit evidence utilizing their knowledge and expertise, particularly when they relate to multi-faceted provable circumstances and highly detailed situations. Not only can they review and explain the intricacies of cases, but they can also provide valuable feedback on the opposing side’s testimony and evidence. This can have significant legal impact.
5. A lawyer or legal team’s experience matters.
Skills are one thing, experience is another. Utilizing both helps ensure the financial compensation needed to provide care for a birth-injured infant’s (or mother’s) needs now and in the future.
Richard “Bo” Sharp, Esq. and Mallard & Sharp, P.A.’s goal is to obtain justice for families whose infant or infant’s mother has been the victim of a medical malpractice negligence birth injury. Mallard & Sharp, P.A. is dedicated to providing every client with the path to justice and financial recovery. The firm continually handles cases that involve infant or maternal birth injuries, medical malpractice, and negligent security, as well as any other provable acts of negligence that have caused catastrophic injuries or wrongful death to individuals.
For additional information, or to inquire about expert legal representation for a potential medical malpractice negligence lawsuit case involving birth injury lawsuit evidence, contact Mallard & Sharp, P.A. at 305-461-4800.