How Was My Baby Injured?

How Was My Baby Injured?
Feb 22, 2023

How was my baby injured is a question, among many, every mother asks when informed her newborn baby suffers from a debilitating condition. As one of the most experienced medical malpractice law firms in Georgia specializing in birth injuries, Warshauer Woodward Atkins will find the answer for you. We have helped hundreds of families who have suffered from this traumatizing experience. We have compassion and feel your anguish. That is our motivation to provide you with the justice you deserve. To determine if there is a viable case for medical malpractice related to a birth injury, the following factors should be considered:

Duty of care: Did the healthcare provider have a legal obligation to provide appropriate medical care to the mother and baby during the birth process?

Breach of duty: Did the healthcare provider fail to meet the standards of care in the treatment of the mother and baby?

Causation: Did the healthcare provider’s breach of duty cause the birth injury?

Damages: Did the birth injury result in significant harm to the mother or baby, such as physical or mental disabilities, requiring ongoing medical treatment or lost wages?

Expert testimony: Is there medical evidence to support the allegations of medical malpractice?

These are some of the key questions that must be answered to determine the viability of a medical malpractice case related to a birth injury. Our experienced attorneys can help to gather evidence and medical testimony to build a strong case. Additionally, it is important to note that specific documents are needed to assess whether a birth injury was caused by medical malpractice. These will vary depending on the individual circumstances of the case. Warshauer Woodward Atkins’ experienced medical malpractice attorneys and in-house doctor will determine what documents are necessary in a birth injury case. Below are examples of the documents that are needed:

  • Medical records of the mother and child: The medical records of the mother and child can provide valuable information about the events leading up to and following the birth, including any complications or medical procedures that were performed.
  • Fetal monitoring strips: Fetal monitoring strips record the baby’s heart rate and can help determine whether the baby was in distress during labor and delivery.
  • Neonatal records: The neonatal records will provide information about the baby’s condition after delivery, including any diagnosis of birth injury.
  • Obstetrician’s notes: The obstetrician’s notes will provide insight into the management of the mother’s pregnancy and labor, as well as any decisions made during delivery.
  • Pediatrician’s notes: The pediatrician’s notes will provide information about the baby’s condition after delivery, including any diagnosis of birth injury.
  • Imaging studies: Imaging studies such as ultrasound, MRI, and CT scans may be necessary to evaluate any physical injuries sustained by the baby during delivery.
  • Witness statements: Witness statements from medical staff present during delivery may be needed to provide additional information about the events that occurred.
  • Medical expert opinions: Medical expert opinions may be needed to determine whether the birth injury was caused by medical malpractice and to provide evidence to support a legal claim.

Finances are constant worry for families when a birth injury is involved. There are many factors that impact the medical expenses that include the child’s age at the time of the diagnosis, they type and severity of the injury, and the availability of medical treatments and therapies are just a few. Other potential medical expenses may include:



Doctor visits

Assistive devices (e.g. wheelchairs, braces)

Physical, occupational, and speech therapy

Home modifications and assistive technology

Special education services

Respite care

Families may also face indirect costs associated with caring for a child with cerebral palsy, such as lost income due to caregiving responsibilities or the need to hire additional caregivers. In summary, there are key considerations that need to be taken into account to determine if a birth injury is a medical malpractice case which is why it is critical to speak with our experienced attorneys who can help you navigate the complex, and often frustrating, legal and medical issues involved.

Standard of care: The first consideration is whether the medical provider(s) involved in the delivery adhered to the appropriate standard of care. The standard of care is the level of care that a reasonably competent healthcare provider would provide under similar circumstances. If the provider(s) failed to meet the standard of care, then it may be considered medical malpractice.

Causation: It must be shown that the medical provider(s)’ breach of the standard of care was the direct cause of the birth injury. This requires evidence to establish that the injury would not have occurred if the provider(s) had not breached the standard of care.

Damages: To pursue a medical malpractice claim, there must be damages resulting from the birth injury. These damages may include medical expenses, future medical expenses, lost income, pain and suffering, and loss of consortium.

Time limits: There are strict time limits, known as the statute of limitations, for filing a medical malpractice claim. The time limits vary depending on the state and the type of claim, and failure to file within the required time period can result in the claim being barred.

Expert witnesses: Medical malpractice cases often require the testimony of expert witnesses to establish the standard of care, causation, and damages. Expert witnesses must have the appropriate credentials and experience to provide testimony in court.

Jurisdiction: Medical malpractice laws and procedures vary by state, so it is important to understand the jurisdiction where the case will be filed.

Liability insurance: Medical providers typically carry liability insurance to protect themselves in the event of a medical malpractice claim. It is important to determine if liability insurance is available to cover damages in the case.

We understand this is an exceedingly difficult time for you. Allow us to use our expertise, knowledge of the medical and legal professions, and our medical malpractice experience to reassure you and assist you in getting the justice and financial security you, your child, and your family deserve.