Snellville Birth Injury Lawyer

Snellville Birth Injury Attorney

The birth of a child is often the most joyful time of a new parent’s life, but it can come with physical and emotional trauma. Parents can prepare all they can, but they can’t account for medical errors made by their medical team. If your newborn was injured during birth, a knowledgeable Snellville birth injury lawyer can explain what legal options are available to you.

Hire a Birth Injury Lawyer With Extensive Professional Legal Experience

When dealing with the grief of a traumatic birthing experience, you need a strong support system to help you through it. The team at The Tolson Firm, LLC, is proud to be a part of our clients’ support systems during their most challenging times in life.

Our firm consists of proud Black attorneys who refuse to let guilty parties get away with causing harm. No matter your unique situation, we can provide empathetic and empowering legal services. We offer case evaluations for our new clients at our office.

The Reality of Birthing Injuries

A birth injury case happens when a baby suffers harm during pregnancy or delivery because a healthcare provider failed to meet the proper standard of care. These injuries can range from brain damage and broken bones to oxygen deprivation at birth, all of which may have long-lasting effects on the child’s health and development. Understanding the common types of birth injuries is a critical first step for any family in this situation. Each year in the United States, birth injuries are responsible for about 20% of infant deaths.

For Snellville residents, the most common maternity care centers are the Piedmont Eastside Labor & Delivery Center and Northside Hospital Gwinnett.

Despite these limited options, only 48% of patients at Piedmont Hospital reported being treated as soon as they needed it. Only 41% of patients reported understanding their care when they left the hospital.

If your child has suffered because of the negligence of another party, it’s crucial to hire a birth injury lawyer to fight on your behalf. They can help you start the legal process by filing your claim at the Gwinnett Justice and Administration Center, located at 75 Langley Drive in Lawrenceville.

Types of Damages Available in Your Unique Case

The compensation given to victims during medical malpractice cases is never random. Your lawyer can calculate the maximum amount of compensation to claim based on your real losses.

Georgia courts use evidence of your losses and the medical provider’s guilt to determine the amount of compensation to award. Two main types of damages can be requested in a birth injury case:

1. Economic damages. These are the monetary losses suffered because of the incident. They can include medical bills, such as surgeries, medications, and counseling. Loss of income due to the incident can also be requested.
2. Non-economic damages. These are the emotional losses suffered because of the incident. They can include pain and suffering as well as loss of enjoyment of life.

Deadlines for Filing Birth Injury Cases in Georgia

The deadline for filing your birth injury claim can vary, depending on the unique details of your situation. Most cases have a two-year deadline for filing. This timeline starts when you discover the injury or should have reasonably discovered it. However, the Georgia statute of limitations for birth injury cases has specific rules, especially when the victim is a minor. If you fail to file within that timeframe, your case will most likely be dismissed.

Generally, a minor child who is injured by medical malpractice has until their fifth birthday to file a case if the injury happened before they turned five. However, no one can file a claim more than five years after the injury occurred.

If a doctor or hospital tried to hide the cause of the child’s injury, birth injury laws may give extra time to file, but this depends on whether there was intentional misrepresentation or fraud.

FAQs

What Are Punitive Damages?

In specific cases of extreme malice or negligence, courts may also award punitive damages to the filing party. For example, if your doctor was intoxicated while assisting your birth, they may have to pay punitive damages. These are meant to further punish the guilty party and deter any similar behavior from happening going forward. Your Snellville birth injury attorney in Snellville, Georgia can determine if punitive damages can be requested in your unique situation.

What Is the Burden of Proof in a Birthing Injury Case?

When presenting your case to the court, the filing party has the burden of proof to show evidence of negligence or malice. Your attorney must clearly establish that:

• The doctor had a legal duty of care to you and your child.
• They failed to meet that standard of care.
• The injuries your newborn suffered were a direct result of that failure.

This is done by providing the courts with extensive evidence, which often requires filing a birth injury lawsuit to formally gather through the legal discovery process.

What Type of Evidence Can Support My Legal Claim?

Extensive evidence can support your legal claim. Your lawyer must obtain testimony from a professional about what they believe caused the injuries. You can provide relevant medical records and bills to show how the losses were incurred from the incident. It can be helpful to keep detailed notes about the emotional losses suffered. Case-specific proof, such as 911 call logs or hospital security footage, can also be included.

What Is Georgia’s Comparative Negligence System?

Georgia courts make their decisions using a comparative negligence system. This system assigns everyone involved in the incident a percentage of fault, even the filing party. Any final compensation awarded will be reduced by your percentage of fault, and the guilty parties only have to pay what their percentage is. For example, if the doctor is assigned 60% fault, the hospital 30%, and the nurse 10%, they would each have to pay that portion of the final settlement amount.

Reach Out to an Empathetic and Experienced Law Firm in Georgia

With over 30 years of professional experience, The Tolson Firm, LLC, is proud to provide legal support for vulnerable communities. Reach out to our office today to schedule your first appointment. We offer case evaluations to residents of Snellville and the surrounding areas. Don’t wait to act. Let our team handle the legal burdens so you can focus on your family.