What do you need to know before you hire a birth injury lawyer? These tips will help you through this difficult time.
Hiring a birth injury lawyer is a step no parent wants to take. But when mistakes impact your child’s quality of life, it’s important to have the resources you need to get by. Judgments help you provide the care your children deserve. They can also act as incentives to medical professionals who have a habit of playing it fast and loose with the lives of others. In order to hire the right lawyer to manage this sensitive area of medical malpractice, it’s important to consider the factors you’ll need to prove in Georgia courts. There are time constraints to keep in mind as well. While you don’t want to rush, you do need to begin some important conversations in a timely manner.
Hire your Georgia birth malpractice lawyer with the following tips in mind:
You’ll Need Evidence
You can provide your child’s medical records and notes surrounding the birth and future doctor appointments. You shouldn’t have to reach out to experts on your own. Your lawyer should be able to source those people on your behalf. In fact, he or she should be the contact point for your case. Your legal team should be the one organizing information requests, testing and the like.
Other types of evidence used in birth-related malpractice suits:
- Personal ultrasound records from before birth
- Medical records throughout pregnancy
- Witness testimony from staff, friends and family
- Reports on staff, facilities or equipment involved in the incident
Your lawyer should be confident in his or her ability to gather evidence capable of proving malpractice. Before that can happen, your legal team has to decide whom to hold to responsible.
You Must Name the Proper Defendant.
When a problem occurs in a hospital, several different people could be liable. Most often, the client names a doctor as the defendant in the suit because of a mistake the doctor made during the delivery process. However, it’s important to consider the nature of the incident, including whether the doctor was a staffer or contractor and whether the hospital should have known there was an issue.
Sometimes malfunctioning equipment causes birth injuries. In those instances, the manufacturer could be to blame, or perhaps the hospital for not providing proper maintenance. In those incidents, a suit might not mention a medical provider who was using the equipment correctly.
Be sure your lawyer can explain why someone is – or isn’t – a defendant. There should be a direct link between the defendants in a case and their obligation to keep your child safe.
You’ll Need a Preponderance of Evidence
In layman’s terms, you’ll need to show an injury was most likely the result of mistakes the defendants made. This includes situations where hospitals employ or contract with workers knowing they are risks.
If the case goes to criminal court, the state prosecutor will have to prove their case beyond a shadow of a doubt. The bar tends to be lower in civil court, but it’s still important to connect certain dots. Your defendants need to have an obligation, they need to have made a mistake, and your evidence must prove their mistakes lead to the birth injury. A lawyer with experience in birth-related accidents can help focus on your case while you’re still struggling with the trauma of suffering through medical malpractice.