Steps in a Birth Injury Claim

By Grant Law Office on April 30, 2021

Birth injuries can have devastating consequences on children and their families. If your child has suffered a serious birth injury due to a medical mistake, you have a right to seek compensation for your losses. But first, you will need to determine how medical negligence caused your child’s injury and prepare certain evidence to support your claim. Below is a summary of what you need to know before filing a birth injury claim in Georgia.

Why File a Birth Injury Claim?

Filing a birth injury claim is a way to seek compensation to cover your past and future medical expenses. Healthcare costs are far more significant for children with severe birth injuries, such as cerebral palsy. It is also a way to seek justice for your child and hold the responsible parties accountable. In addition, taking legal action can help keep other children safe in the future.

What You Need to Prove

To recover damages in a birth injury claim, you must show that:

• The hospital or medical provider was negligent in the treatment of your child;
• That negligence caused the injuries, losses, and damages for which you are seeking compensation; and
• The injuries, losses, and damages your child sustained were reasonably foreseeable consequences of the negligent treatment.

When it comes to negligence, you do not have to prove it beyond any doubt, but you must show convincing evidence that the facility or clinician was negligent in the treatment of your child. An adverse outcome does not necessarily mean negligence, or a breach in the medical standard of care. When negligence is established, you must also prove causation – that the negligent treatment was the cause of your child’s injuries.

Important Documents You Need to Collect

Your attorney will need to gather documentation to support your birth injury claim. This process may include depositions (statements recorded by a court reporter) from you, other family members, and medical experts. You will also need to obtain medical documents detailing the child’s injuries, hospital and medical bills, and evidence of other financial losses for your family.

Assigning the Child a Representative

A child cannot act on his own behalf in an action in civil court. A parent is typically appointed to serve as the child’s representative to bring the claim on behalf of the child. The child’s representative has a duty to make decisions about the claim, particularly concerning any settlement offers.

Setting Up a Support System

Having a support system can help you deal with the trauma and stress that come with serious birth injuries to your child. It can also open doors to opportunities that make it possible to find help for your child. The law firm you choose to represent you can be a part of your support system, providing sound legal counsel in the claims process to recover compensation for your family’s future.

Choosing an Attorney

Picking an attorney might be the most important decision you can make for your case. When selecting an attorney to represent you and your family, you should consider:

• Birth injury cases involve complex medical and legal issues. It is essential to choose a lawyer with extensive experience handling this type of claim.
• The attorney’s track record. A history of success in the courtroom is important in high-stakes birth injury cases.

At Grant Law Office, our husband-and-wife team of Atlanta personal injury lawyers provides superior representation. Wayne Grant is American Board of Professional Liability (ABPLA) certified, meaning he underwent rigorous testing to prove his competence in medical malpractice – his chosen specialty. He is ethical, knowledgeable, well-respected by colleagues and the courts, and has a clear, proven level of proficiency. Our Atlanta firm has extensive experience successfully representing families in birth injury claims. Contact us at (404) 995-3955 to find out how we can help.