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A Birth Injury Lawyer Can Help You Build a Strong Medical Malpractice Claim

Atlanta Birth Injury Lawyers can help you recover compensation for damages resulting from the negligence of medical professionals during childbirth. These can include medical bills, therapy costs, pain and suffering and loss of quality of life.

It is important to work with a birth injury lawyer as early in the process as possible. Waiting too long can jeopardize the ability to build a strong case and secure fair compensation for you and your family.

Medical records, imaging studies, laboratory tests, eyewitness statements and expert testimony are all vital in proving the four components of a birth injury claim:

  • Provider-patient relationship
  • Adherence to medical standard of care
  • Breach of that standard
  • Causation

These elements are the building blocks of any medical malpractice claim, and a birth injury lawyer can help you gather, preserve and present the evidence necessary to establish each one.

Medical experts are typically called in to provide their opinions on whether the healthcare providers involved acted appropriately under the circumstances. The opinions of these experts are critical because a lawsuit based on medical malpractice will hinge on whether the healthcare provider acted within generally accepted practices for professionals with similar training and expertise.

It is also important to establish a clear timeline of what happened during labor and delivery. The time line will be useful in determining the cause of your child’s injuries and how they occurred. A comprehensive timeline can also help in identifying defendants. In a lawsuit against multiple healthcare providers, it may be necessary to create separate timelines for each individual defendant.

Once liability has been established, a birth injury attorney will need to demonstrate that the healthcare provider’s errors caused the injuries your child suffered. The attorney will need to prove that the healthcare provider departed from the standard of care, and that this departure directly led to your child’s injuries. This is often proven with the help of medical experts, who will testify that your child’s injuries could have been avoided if the healthcare provider had adhered to the accepted standard of care.

Once damages have been established, the birth injury attorney will use the expert witness testimony and documentation to illustrate what your child’s future will look like socially, emotionally, and financially, and calculate the appropriate amount of compensation to seek. The expert witnesses will explain the nature of your child’s injuries and the care they will require in the years to come, including NICU stays, extended hospital visits, specialist treatments and equipment, additional procedures and surgeries, in-home carers, and ongoing therapy.

Expert Witnesses

The strength of a medical malpractice claim is largely determined by the evidence used to support it. While your lawyer will use the medical records gathered during the investigation, they may also need to retain expert witnesses to help determine what went wrong. These are often medical professionals with years of experience and knowledge of accepted practices in their specialty. Their opinions are highly regarded by juries, as they can offer insight into whether the defendant’s actions or omissions constituted malpractice or negligence.

Your lawyer will use their expert witness’s testimony to show that if the healthcare providers had performed according to the standard of care, your child would not have suffered from their injuries. This can be a difficult task, as the defendants’ experts will likely try to prove that your child would have been born with the same injury regardless of what the doctor did or didn’t do during the delivery. An experienced attorney will know how to prepare for these challenges and make sure that the jury hears all of the relevant evidence in the case.

After a careful review of the evidence, your lawyer will be able to advise you of the merits of your case and your options for seeking compensation. They will then file a lawsuit against the appropriate defendants which can include your doctor, nurse, and hospital. They will typically also send a demand letter to the insurance company outlining your child’s injuries and seeking compensation. If the insurer fails to agree to a fair settlement, your lawyer will recommend filing a lawsuit in court.

A Brooklyn birth injury lawyer can ensure that you receive the maximum compensation for your child’s injuries. They can anticipate the defenses that will be raised by the doctors and insurance companies and will know how to rebut those arguments to put your case in the strongest possible light.

Proof of Damages

When a medical error leads to a birth injury, families are often devastated. They face financial hardship, unanticipated expenses, and the prospect of future caretaking obligations. A lawyer can help parents file a claim against the hospital or doctor responsible for the injury, and work to secure a reasonable settlement or jury verdict.

To win a medical malpractice lawsuit, plaintiffs must prove that the healthcare provider breached their duty of care and that this breach directly caused the injury. They must also prove that the injury would not have occurred but for the medical professional’s negligence. This proof may include expert medical testimony, deposition testimony, diagnostic reports, and other evidence.

Most cases involving a birth injury involve proving that the defendant owed a duty to the patient. The legal standard for a physician-patient relationship is the “standard of care.” This is defined as the level of skill and care that a reasonably competent healthcare provider would use in similar circumstances. A medical expert can provide a professional opinion on the standard of care, which can be supported by medical case studies, formal studies, and other evidence.

Once the expert has established a breach of the standard of care, a lawyer must prove that this breach directly caused the injury. This is known as the concept of causation. A lawyer must have medical records, expert medical testimony, and other evidence to demonstrate that the breach of the standard of care led to the injury.

It is important to consult with an experienced lawyer early on, because many states have a statute of limitations that applies to birth injury lawsuits. This deadline may begin as soon as the injury occurs, or it might be based on the date of birth.


Injuries that result from medical malpractice during the delivery process can be devastating for families. The physical, emotional and financial burdens can last a lifetime. An experienced birth injury lawyer can help families build a strong case to obtain compensation that covers the cost of treatment.

The first step is to gather evidence through medical records, witness testimonies and an examination by a doctor. Once the attorney has this information, they can submit a letter to the medical providers stating the facts of the case and asking for compensation. The medical providers will then work with their insurance companies to determine if they should accept the claim.

During the settlement negotiation process, an experienced birth injury lawyer can represent you by negotiating with the insurance company on your behalf. They can navigate the pressure tactics insurers use to minimize payouts and help you get a fair settlement.

When settlement negotiations break down, your lawyer can take the case to trial. A trial can be lengthy and expensive, but an experienced birth injury lawyer will make every effort to reach a resolution that is fair to you.

A successful trial can be the best way to hold a medical provider responsible for your child’s injuries. Your lawyer can present evidence such as improper use of medical instruments, delay in performing a C-section in distress situations and administration of incorrect medication dosages. Having a seasoned birth injury team on your side can ensure the medical provider is held accountable for their negligence. If a fair settlement is not reached, your attorney will prepare for litigation and stand by you throughout the trial. They will vigorously argue on your behalf to secure the monetary compensation you deserve.


The medical negligence lawsuit process generally begins when your attorney files a Summons and Complaint with the court. The defendant then has a chance to file their response, and both sides will undergo a process known as discovery. This involves the exchange of information and evidence between the two parties, including medical records and deposition testimony.

The next step is to prove the four parts of a personal injury claim: duty, breach, causation, and damages. Your birth injury lawyer will use the evidence gathered to build a strong case and demonstrate how the medical staff breached their duty of care, resulting in your child’s injuries.

Your lawyer may also present evidence of the losses you and your child have suffered as a result of the injuries, such as medical bills, lost earnings, and future care costs. Your attorney can help you calculate the amount of damages to ask for in your case.

A judge or jury will then decide on the types and amounts of damages to award based on the evidence presented in your case. A skilled birth injury attorney can build a strong case and fight for the full amount of compensation you deserve.

Many birth injury cases resolve outside of court through a settlement agreement. A settlement is generally faster, less costly, and more certain than a trial verdict. A successful settlement will provide financial resources that can be used to pay for your child’s future care and replace lost income. Insurers will try to delay the settlement process and make low offers, but an experienced injury attorney can use their knowledge of insurer tactics to overcome these challenges. Contact a birth injury lawyer as soon as possible to discuss your child’s injuries. Most personal injury firms offer a free consultation, so there’s no downside to meeting with a legal professional about your options.