Bringing a new life into the world is an incredible moment, but it can quickly turn tragic if a medical professional’s negligence results in a birth injury. Birth injuries can have lifelong impacts on both the child and their family, leading to expensive medical bills, ongoing care needs, and emotional trauma.
If you suspect that your child’s birth injury was caused by a doctor’s negligence, your family deserves justice. By filing a birth injury lawsuit, you can hold the at-fault medical provider accountable for your child’s losses, such as medical care, disability accommodations, and pain and suffering. However, it is crucial to understand how to prove your case and provide clear evidence of the doctor’s negligence.
Understanding the Elements of Medical Malpractice
Medical malpractice occurs when a healthcare professional violates the standard of care in treating a patient, resulting in injury or harm. In the context of a birth injury case, this means that the doctor or other medical professional involved in the delivery did not provide a level of care that another reasonable doctor would have provided in similar circumstances.
Many acts of medical malpractice can lead to a birth injury, such as the following:
Failure to monitor for fetal distress
Misuse of forceps or vacuum extractors
Failure to order a timely Cesarean section
Administering the wrong medication or dosage
Failure to diagnose maternal complications before birth
How to Prove Negligence in a Birth Injury Lawsuit
To prove a birth injury lawsuit, you and your attorney must gather enough evidence that proves the four key elements of negligence: duty of care; breach of duty; causation; and damages. These elements are as follows:
Duty of Care: The medical professional had a duty to provide care to the patient.
Breach of Duty: The medical professional breached his or her duty of care through a negligent act or failure to act.
Causation: The medical professional’s breach of duty caused the child’s birth injury.
Damages: The patient suffered damages, such as physical harm, emotional distress, or financial losses.
Evidence Needed to Prove a Birth Injury Lawsuit in Georgia
To prove a doctor’s negligence and establish your child’s right to compensation, you will need to gather multiple pieces of evidence. For example, your child’s medical records can be crucial in demonstrating how the doctor’s actions deviated from the standard of care and caused the injury. Additionally, you will likely need to obtain expert testimony from medical professionals who can speak to what the standard of care is and how the doctor’s actions fell short of it.
Witnesses to the delivery, including nurses and other medical staff, may also be able to provide valuable testimony. Finally, visual evidence such as photos or videos of the delivery or the injury can be compelling evidence in your case.
By gathering all available evidence, you can build a strong case that demonstrates the doctor’s negligence and clearly establishes the damages that your child has suffered. A Georgia birth injury can conduct a full investigation into the incident and craft a strong case for your child’s right to compensation.
Contact a Georgia Birth Injury Attorney Today
If your child suffered a birth injury due to a doctor’s negligence, you need a lawyer on your side. An Augusta birth injury attorney can help you navigate the complex legal process and prove your child’s right to damages. Schedule a free consultation with a birth injury lawyer as soon as possible after the injury to determine your next steps.
