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 & Lina, LLC 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 DamagesIn 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.