Legal Question in Medical Malpractice in Georgia

Cerebral Palsey

How do you determine if you have a case against an OB/GYN, that you feel was grossly negligent in the birth of your child? The child ends up with Cerebral Palsey, what do you do?

Asked on 10/23/00, 8:37 pm

2 Answers from Attorneys

Glenn Loewenthal Glenn Loewenthal, P.C.

Re: Cerebral Palsey

First, I am sorry to hear about your child, and I hope the CP is not too severe. Second, in order to determine if malpractice was committed, you will need to consult with an experienced attorney. Your attorney can gather the necessary medical records and have them reviewed by a medical expert to determine whether there was negligence in your case. You should not wait too long, as certain medical records are destroyed after the passage of time, and witnesses memories become fuzzy. I do practice in this area, and would be happy to speak with you or give you the names of other attorneys.

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Answered on 11/15/00, 12:17 pm
Steve Thornton Nix, DelCampo, Thornton & Graddock, P.C.

Re: Cerebral Palsey

Please accept my condolences for the complications with your child's birth. It must be extremely difficult to be faced with these health and long-term care issues.

This is a highly complex area of medical malpractice law. At this time, I expect that you have many questions that must be answered. These questions should be carefully and thoroughly investigated by someone with a great deal of experience in this area.

Because this is such a complex and technical area of law and medicine, and also because your question does not contain much information, I cannot tell you exactly how to determine whether the OB/GYN committed medical malpractice. In general, however, the process begins by obtaining a complete copy of the medical records, reviewing the records, and then locating an expert witness to review the records and provide an opinion that will support a lawsuit. In Georgia, a plaintiff in a medical malpractice case must attach an Affidavit of an expert witness to a Complaint either when it is filed, or shortly thereafter.

The process of investigating a medical malpractice case and prosecuting the case from beginning to end is expensive and requires a great deal of experience in this area. Our firm has handled several birth trauma cases that have resulted in cerebral palsy. We would welcome the opportunity to speak with you should you wish to discuss the potential case. My telephone number is (404) 377-7600.

Thank you for your question and I wish you and your child the best.

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Answered on 11/15/00, 12:38 pm

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