When we go to a hospital or clinic to deliver a baby, we expect it to be a joyous event. Sadly, sometimes babies are born with devastating injuries that will change the child’s life and the lives of a family forever. If those injuries were the result of preventable errors, the family may have legal options.
To speak with an experienced Atlanta birth injury lawyer regarding your case, call the attorneys of Hilley & Frieder, P.C. at (404) 233-6200. Your consultation is confidential and without charge. From our law office in Atlanta, we represent families throughout Georgia.
When you come to our law firm, you will be working with two experienced and compassionate lawyers who are committed to helping you obtain the best possible future for your child. We understand the medicine and the law of birth injury cases. We work with experts who can help you obtain the answers you need and hold negligent medical professionals accountable.
Our birth injury attorneys handle all types of birth injuries cases, including:
We can help your family if your infant has been diagnosed with any of the following birth injuries, and more:
Contact us to find out if we can take your case after any type of birth injury diagnosis in Atlanta, Georgia.
There are both natural and unnatural causes of birth injuries in Georgia. Some mothers and infants have risk factors that increase the odds of complications during delivery, such as premature delivery, large babies, prolonged labor, abnormal presentation, maternal diabetes and maternal obesity. Other birth injuries, however, are the direct result of a doctor’s error or lapse in judgment. These causes can include:
It can be difficult to recognize medical malpractice in the chaos of delivering a baby. While many mothers experience complications that alter their birthing plans, medical malpractice is an avoidable type of wrongdoing. If your child gets diagnosed with a birth injury at the time of birth or shortly after, go over the events of your birth in your mind and consider if there were red flags. This could include a dirty or dingy hospital room, lax care by a doctor or nurse, a lack of communication between the medical team, and a difficult birth. If you believe you may have a birth injury claim in Atlanta, contact us for a case review.
Not all birth injuries give a family the right to file a lawsuit in Georgia. However, many birth injuries that are diagnosed in Georgia are preventable, meaning they could have been avoided with an ordinary amount of care by the presiding medical practitioner, such as the doctor, nurse, OBGYN or surgeon. This will give the family the right to seek financial compensation.
The standard of care in a medical malpractice suit is a legal or ethical obligation to exercise reasonable care according to the medical industry’s rules. If a medical practitioner falls short of the standard of care, it is medical malpractice. A birth injury lawsuit can arise when a health care provider breaches the standard of care owed a mother and child, and if this causes a
birth injury.
In Georgia, the definition of medical malpractice under Georgia Code Section 9-3-70 is a claim for damages, or financial compensation, for the death or injury of a person arising out of negligent health, medical, dental or surgical care rendered by an authorized provider. If a doctor or OBGYN fails to treat a mother or infant to the best of his or her ability, the injured party may have the right to file a lawsuit for a related birth injury.
Medical negligence refers to a physician’s careless failure to meet the standard of care. Negligence could reach the point of malpractice if the doctor knew or should have known that his or her actions could cause harm to the patient but continued anyway. During a birth injury lawsuit in Atlanta, it is up to you or your lawyer to prove that the defendant was negligent. You will need evidence that proves the four key elements of medical negligence:
The evidence that you use must meet the burden of proof of a preponderance of the evidence. This is enough clear evidence to convince the courts that the doctor or defendant is more likely than not responsible for your child’s birth injury. An attorney from Hilley & Frieder, P.C. can help you collect evidence to meet this burden of proof, such as medical records, expert medical witness opinions, eyewitness statements, and photographs and videos.
Your child’s health and future can never be summed up by a dollar amount. However, the compensation available for a birth injury in Atlanta can allow your family to pay for the medical care that your child needs, as well as ongoing costs far into the future. Obtaining just and full financial compensation can also hold the at-fault doctor or defendant accountable for wrongful acts during your pregnancy, labor or delivery. Your family may be entitled to the following types of compensation through a birth injury lawsuit:
Many factors can change the value of your birth injury lawsuit. One of the most important is the severity of your child’s injury. Our lawyers can hire financial and medical experts to calculate the future medical expenses your child will incur, as well as your other costs. Then, we will use aggressive legal strategies to fight for the maximum possible financial compensation.
Birth injuries can result in significant medical and other care costs for a family. Our personal injury lawyers are here to help you obtain the compensation you need to meet the challenges ahead. Call (404) 233-6200 or contact us by email to speak with a lawyer regarding your misdiagnosis.
