Snellville Maternity Medical Malpractice Lawyer

Snellville Maternity Medical Malpractice Attorney

Preparing to give birth can give new parents overwhelming anxiety. During this time, being able to rely on your medical team is crucial. When your care team fails you and injures you or your newborn, the effects can be traumatic. Reaching out to a Snellville maternity medical malpractice lawyer is key to holding the responsible parties accountable.

Hire a Maternity Medical Malpractice Lawyer With Quality Experience

With over 30 years of professional experience, the team at The Tolson Firm, LLC, can represent your unique case. Our team of proud Black attorneys has recovered tens of millions in compensation for our clients.

We understand the devastation that a maternity injury can cause, which is why we offer empathetic and efficient legal guidance. Our firm hosts case evaluations at our office.

The Reality of Maternity Medical Malpractice in Georgia

Maternity injuries can happen when a medical team makes a mistake during a person’s pregnancy, resulting in harm to them or their baby. In a survey conducted by the U.S. Centers for Disease Control and Prevention, about 20% of women reported mistreatment while receiving maternity care. This number escalates for women of color, with 30% of Black women, 29% of Hispanic women, and 27% of multiracial women reporting mistreatment, a troubling reality reflected in Georgia’s maternal mortality rates.

In Snellville, expecting parents have limited options for their medical care. Piedmont Eastside Labor & Delivery Center and Northside Hospital Gwinnett are among the most popular healthcare locations.

However, the Piedmont Eastside Medical Center has a patient survey rating of two out of five stars, with the overall rating being one out of five stars. Only 41% of patients reported understanding their care when they left the hospital. When a hospital fails to uphold a standard level of care, incidents can occur, including common surgical errors during C-sections or other delivery procedures.

Georgia’s Laws Surrounding Negligence

Georgia operates on a comparative negligence system when determining the outcome of a medical malpractice case. The courts will assign a percentage of fault to everyone involved in the case, even the filing party. Any compensation will be reduced by the plaintiff’s percentage of fault.

If multiple parties, such as a nurse, doctor, and the hospital itself, are to blame, they’ll split the final compensation based on their percentage of fault. For example:

• If a nurse neglected to check your vital signs, they may be assigned 10% of the fault.
• If a doctor made a surgical mistake, they may be deemed 50% at fault.
• If the hospital failed to follow safety rules, it may be found 30% at fault.
• If you didn’t follow medical instructions, you may be designated 10% at fault.
• If your final compensation was $100,000, it would be reduced by 10%, making it $90,000. The guilty parties would then pay their portions.

Types of Damages That Can Be Pursued in a Maternity Medical Malpractice Case

When determining compensation for the filing party, courts look at the real losses the victim suffered from the incident. These losses are also called damages. There are two main types that can be filed for:

1. Economic damages. These are calculated based on the monetary losses you’ve incurred. They can include your medical bills, such as surgeries, medications, physical therapy, and counseling. It can also be lost income due to missing work from your injuries, along with damage to your personal belongings.
2. Non-economic damages. These are more subjective when determining a price tag, as they’re based on emotional losses. They can include your pain and suffering, along with your loss of enjoyment of life.

It’s important to hire a maternity medical malpractice lawyer before filing your case with the court. When calculating an amount to request in your court case, your Snellville maternity medical malpractice attorney can factor in your losses. Then they can seek the maximum amount of compensation available in your situation.

FAQs

What Are Punitive Damages in a Maternity Medical Malpractice Case?

Punitive damages in Snellville, Georgia are a third type of damages that can be sought in very specific situations. When discussing your case with your attorney, they can determine if punitive damages can be requested in your claim. These are awarded when the guilty party acted with extreme malice or negligence. For example, if the nurse intentionally skipped checking on you after birth, leading to an injury, punitive damages may be awarded.

What Is the Deadline for Filing Maternity Medical Malpractice Cases?

The deadline for filing your maternity medical malpractice claim can vary, but survivors generally have two years to file at the Gwinnett Justice and Administration Center, located at 75 Langley Drive in Lawrenceville. This timeline begins when the victim first realizes they’re injured or should have reasonably realized it. However, most cases have an absolute five-year filing deadline. Therefore, if you discovered your injury six years after the fact, you can’t file a legal claim. This is why understanding the specific Georgia medical malpractice statute of limitations is non-negotiable for any potential case.

Who Has the Burden of Proof in a Maternity Medical Malpractice Case?

Georgia’s maternity medical malpractice laws require the plaintiff to carry the burden of proof. They have to show the court that:

• Their medical team had a legal duty to care for them.
• They failed to meet that standard of care.
• That failure directly resulted in the victim’s injuries.

The correlation between their failure and your injuries is key. To prove this, your attorney must provide the courts with extensive evidence supporting your claim.

What Types of Evidence Can Support My Maternity Medical Malpractice Claim?

Diverse evidence is an effective way to support your maternity medical malpractice claim. Courts rely on evidence when making their decisions, and having as much as possible is key. Your lawyer can obtain a professional’s testimony about what caused your injuries. You can provide your medical records, bills, and detailed notes about the dates of your suffering. 911 calls and security footage can also be included. Your lawyer can collect the different evidence for your case.

Choose a Trusted Injury Law Firm in Georgia

Reach out to The Tolson Firm, LLC, today to schedule your confidential consultation. We offer case evaluations to residents of Snellville and the surrounding cities. When you come in to meet with one of our attorneys, you can explain your situation in detail. From there, we can provide clear legal advice so you can make informed decisions about what to do next.