Establishing Negligence in an Atlanta Labor and Delivery Error Claim
A patient cannot recover damages in a malpractice case without proving the liability of the other party. Establishing negligence in an Atlanta labor and delivery error claim can be a complex process.
If you suffered harm during the birth of your child, consider reaching out to a knowledgeable labor and delivery malpractice attorney before pursuing your claim. Our team could work with you to file a civil suit.
What is the Standard of Care for Medical Professionals?
The standard of care is the duty of the physician to exercise a reasonable degree of skill and care with the patient. When a medical provider fails to act within the standards of a reasonable professional under similar conditions and like surrounding circumstances, he or she is considered negligent.
It is important to note that the standard of care is not necessarily the best care. This standard is not based on what the best medical professional would do. Rather, it is based on what the average medical professional would do. A nearby attorney could provide patients with more information about how the standard of care applies specifically to labor and delivery.
Proving Liability in an Atlanta Labor and Delivery Case
Establishing liability involves demonstrating what the standard of care is and how the medical professional in question failed to meet that standard. Additionally, the patient must show how the medical professional’s failure to meet the standard of care during the labor or delivery caused her injuries or condition.
It is best to work with a lawyer to gather evidence to prove fault in a malpractice case. Medical records and other documentary evidence could speak to the negligent actions of the other party. Additionally, expert witness and fact witness testimony can be used to convince the court that the medical provider is responsible.
In Georgia, the filing party must have a qualified expert witness with years of experience in the relevant area to testify to the standard of care in a birthing error case. Legal professionals often have access to medical experts who could fill this role in a labor and delivery error case.
Establishing Negligence in Court
The statute of limitations for medical malpractice cases is typically two years from the date of the injury. When an injury to the baby takes place during delivery, the case must be filed before the child turns seven years old. Missing these deadlines could result in the court throwing out the case.
In court, the jury ultimately assigns negligence after hearing all the facts and evidence related to the case. If there are multiple medical providers who contributed to the patient’s injuries, the jury ultimately has to determine what percentage of the fault should be attributed to each defendant provider. An attorney with trial experience could present strong evidence to convince the jury of the other party’s negligence in a labor and delivery case.
What Type of Damages are Available in Delivery Error Cases?
A lawyer could help his or her client recover full and fair compensation, economic and non-economic damages. Economic damages for the mother may cover financial losses such as past, present, and future medical expenses.
Compensation for future losses is important, as injures suffered during delivery can have long-term or permanent consequences for the mother and the child. Birth injuries to the child may also warrant economic damages for loss of earning capacity and for future medical care.
Non-economic damages may also be available to mothers or their children for the physical and mental pain and suffering that results from their injuries. Working with a lawyer could significantly improve a mother’s chances of recovering compensation.
Ask an Attorney About Establishing Negligence in an Atlanta Labor and Delivery Error Claim
A qualified attorney could help you determine if you have a viable malpractice case by conducting a thorough investigation. Our team could guide you through the legal process and help you prepare a lawsuit. Call the office today to learn more about how our firm could help you.
