What Evidence is Needed for a Birth Injury Claim?

When a family faces the trauma of a birth injury, understanding what evidence is needed to build a strong case can feel overwhelming. Working with a Philadelphia birth injury lawyer who understands Pennsylvania law is essential. Let’s break down the types of proof that can help you move forward with a claim and pursue the compensation your child deserves.

Medical Records: The Foundation of Proof

Medical records are the backbone of any birth injury case. These documents show what happened before, during, and after delivery. They include prenatal records, notes from doctors and nurses, monitoring strips, delivery logs, and postnatal care records. Your birth injury attorney will carefully review these records to spot errors or missed warning signs.

For example, if your child developed brain damage due to lack of oxygen, records might show whether hospital staff responded quickly to fetal distress. Details in these records help prove if the standard of care was violated, which is key to winning your claim.

Expert Witness Opinions

Pennsylvania law requires expert witness testimony in nearly all medical malpractice cases, including birth injuries. An expert witness is a doctor or medical professional with experience in childbirth and newborn care. They review the case, explain what should have happened, and give an opinion on whether mistakes were made.

A Philly birth injury attorney will find an expert who can clearly explain complex details to a jury. Their report will outline the standard of care and show how the provider’s actions fell short. Without this testimony, most cases can’t even go to court.

Testimony from Family and Staff

Witness statements help paint a full picture of what happened. Parents and family members can describe their experiences, what they saw, and how the injury has affected their child’s life. Hospital staff—including nurses and attending doctors—may also be questioned about decisions made during labor and delivery.

This testimony isn’t just about the injury itself. It also shows how the medical team communicated, responded to emergencies, and followed procedures. Sometimes, the details provided by a nurse or technician can fill gaps in the timeline or reveal critical errors.

Photographic and Video Evidence

Photos and videos can make a major impact in a birth injury case. These might include images of the newborn after birth, showing visible injuries, or even video monitors from the delivery room. Some hospitals record parts of labor and delivery for quality control purposes. If available, these visuals can support your claim by providing direct, undeniable evidence.

If your child has a condition like cerebral palsy, video documentation of developmental milestones or challenges can help a cerebral palsy lawyer demonstrate the extent of the injury and its impact on your child’s daily life.

Proof of Financial and Emotional Losses

A successful claim must show not just what happened, but the damages your family suffered. This includes:

  • Medical bills and future care costs
  • Rehabilitation and therapy expenses
  • Costs for assistive devices or special education
  • Loss of income if a parent must provide full-time care
  • Pain and suffering, both for the child and family

Collecting receipts, insurance statements, and expert assessments of future needs is critical. In many cases, life care planners are brought in to estimate long-term costs, especially for permanent conditions.

FAQs About What Evidence is Needed for a Birth Injury Claim

What if the hospital won’t release medical records?
Pennsylvania law gives you the right to request your own or your child’s records. If a provider delays or refuses, your Philadelphia personal injury lawyer can file a formal request or subpoena to obtain them.

Can I file a claim if I don’t have all the evidence yet?
You can start with basic information, but your attorney will help you gather the missing evidence. In some cases, you’ll have extra time to provide expert certification if records aren’t immediately available.

Do I need an expert witness for every claim?
Almost every birth injury claim in Pennsylvania requires at least one expert witness. This expert must explain how the provider’s care fell below accepted standards and how that caused the injury.

How long do I have to collect evidence and file my case?
In most cases, Pennsylvania law gives you two years from when you discover the injury. For children, the clock doesn’t start until they turn 18, giving them until age 20 to file. But it’s best to act quickly—evidence is easier to gather sooner.

Practice Areas

Get Your Case Evaluation Today for FREE

(215) 227-2727

EMAIL US

TOLL FREE:
(866)-907-2231

NO RECOVERY, NO FEE. GUARANTEED.

Our record of success

Over $500 Million Recovered

$80 Million

Transvaginal mesh jury verdict

$20 Million

Birth INJURY CAUSING BRAIN DAMAGE

$6.75 Million

ATV Accident CAUSING BRAIN DAMAGE

View all Case Results

From our Clients

See more testimonials

I would not have been able to achieve the results and reach the settlement that I was awarded without the legal representation of My Philly Lawyer. Thank you Dean and Frank and your entire team.

Darnell B

My Philly Lawyer represented me for an auto accident. The entire process was a pleasure. I was more than satisfied with the outcome. During a normally stressful time, I was put at ease by the entire staff at My Philly Lawyer and I won’t hesitate to have them represent me again.

Craig R.

MyPhillyLawyer absolutely the best in Philadelphia. Dean, Joshua and Deana are the best and they will get you the results you deserve! I’m so grateful and appreciative for their assistance and support!

Hass M.

My experience with MyPhilly lawyer has been wonderful. There is nothing better than feeling like the team is on your side. The staff has always taken my calls , no matter what time. I’m extremely grateful for MyPhilly lawyer.

Corynna M.

I highly recommend Dean Weitzman. He was empathetic and listened carefully to the impact the accident had upon my physical and mental health. I believe he negotiated the very best settlement he could have gotten.

Christina R.

Their team is absolutely amazing and is there to help you every step of the way. I would highly recommend them, they know there stuff and will do what it takes to help their clients.

Brittany M.