What Do I Need to Prove in a Birth Defect Medical Malpractice Case in the State of Georgia?

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Unfortunately, many babies are born with birth defects. Many of these birth defects can be attributed to medical malpractice on the part of a healthcare provider. The following article will provide some information regarding what you will need to prove in a birth defect medical malpractice case in the state of Georgia.

 What kind of injuries can result from childbirth?

There are various types of childbirth injuries that can result from a healthcare provider’s malpractice. Some of these injuries include:

  • Cranial nerve/spinal cord injuries
  • Facial paralysis
  • Bone fractures
  • Cerebral palsy
  • Brain injuries

What causes birth defects?

Childbirth injuries often occur as a result of a healthcare provider’s negligence and can be devastating for both the mother and the child. Some of the causes of these injuries include:

 

  • Healthcare providers who provide substandard prenatal care
  • Healthcare providers who fail to provide a C-section when necessary
  • Healthcare providers who mishandle a baby during or after birth
  • Healthcare providers who engage in improper use of forceps or use excessive force when removing a baby from the vaginal canal

Georgia medical malpractice law

O.C.G.A. § 9-3-70 outlines Georgia’s law regarding medical malpractice. This statute provides a cause of action for the recovery of damages based on the death or personal injury of any person in which it is alleged that such death or injury resulted from the negligence of a healthcare provider.  

What do I need to prove in a medical malpractice case based on birth defects?

If a healthcare provider’s conduct resulted in your child being born with defects, you may have a valid medical malpractice claim against that healthcare provider, as well as against the associated hospital or medical facility. In order to potentially establish a successful medical malpractice claim against a healthcare provider for causing birth defects, you will need to provide proof of the following elements:

  • Duty: You will first need to establish a healthcare provider-patient relationship between the health care provider and yourself (and consequently, to your child). Once established, you will be able to show that the health care provider owed a specific duty to you as his patient. As aforementioned, a healthcare provider’s duty is to provide the level of care, skill, and treatment which (in light of all relevant surrounding circumstances) is recognized as acceptable and appropriate by reasonably prudent similarly-situated healthcare providers.
  • Breach: After establishing that the healthcare provider owed a duty to you as his patient (and consequently, to your child), you will next need to show that he breached that duty. You can do this by proving that the healthcare provider failed to adhere to the level of care, skill, and treatment which (in light of all relevant surrounding circumstances) is recognized as acceptable and appropriate by reasonably prudent similarly-situated healthcare providers.
  • Causation: You will need to show a direct link between the healthcare provider’s actions and your child’s birth defects. This requires providing proof that the birth defects that resulted would not have occurred but for the healthcare provider’s negligent conduct.

Damages: You will need to provide sufficient proof of the actual injuries your child sustained, as well as any damages you have personally experienced. In personal injury cases, courts will typically provide compensatory damage awards which cover medical expenses or loss of income and/or non-compensatory damage awards which cover intangible things like pain and suffering.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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