Having a baby may prove to be the most special time of your life. It is
an amazing experience. Unfortunately, instances of birth injuries do occur
and they can happen right here in Georgia. Birth injuries can be significant,
even fatal, and can change lives forever. Medical malpractice is a typical
cause of birth injuries. If you can prove that the medical provider or
medical entity was negligent, you may be entitled to substantial compensation.
Medical Malpractice as a Cause of Birth Injuries
There are several causes of birth injuries, including but not limited to
oxygen deprivation, delayed birth, or blunt force trauma. As mentioned
above, medical malpractice is a regular cause of birth injury. It is important
that you know and understand your rights when it comes to such injuries.
Additionally, if you have a potential claim, you should hire an attorney
for your case. The attorneys at
Goldstein & Hayes, PC are consistently ranked in as the top and best personal injury lawyers
in Atlanta. Call our office today for a free consultation.
In essence, per Georgia law, medical malpractice occurs when a medical
provider, such as a doctor, nurse, or medical institution violates its
standard of care while treating you. With a medical malpractice case,
you must prove that the medical provider’s violation of the standard
of care caused the birth injury. This can sometimes be difficult to prove
and it sometimes requires you to acquire an expert witness to prove your case.
Medical Malpractice Damages
In 2010 Georgia’s Supreme Court held that
caps, or limits, on non-economic damages from medical malpractice are unconstitutional.
Non-economic damages are aimed at compensating for pain and suffering,
for example. Several states maintain such caps. In Georgia, however, punitive
damages are capped at $250,000. Punitive damages are intended to deer
or punish the wrongful parties. Yet, you must be able to prove by clear
and convincing evidence that the medical provider’s conduct causing
injury was willful, malicious, oppressive, or a conscious indifference
to consequences. Yet, punitive damages are not limited at $250,000 when
the medical provider’s wrongful conduct was intentional or involved
drug or alcohol use.