When a baby is born, it should be a joyful time for families. Unfortunately, sometimes things go wrong during labor or delivery. In some cases, a birth-related injury happens because of a medical mistake. When this happens, parents may have the right to file a medical malpractice claim.
This article explains what birth-related injuries are, how they can happen, and what steps you can take if you think your child was harmed due to a medical error.
What Is a Birth-Related Injury?
A birth-related injury is any physical harm that happens to a baby during the process of childbirth. Some injuries are minor and heal on their own, like small bruises. Others are more serious and can cause long-term health problems. These may include brain damage, nerve injuries, or broken bones.
Some common types of birth-related injuries include:
- Cerebral palsy
- Brachial plexus injuries (like Erb’s palsy)
- Brain injuries from a lack of oxygen
- Fractures during delivery
These injuries may occur because of natural complications. However, if a doctor, nurse, or other medical staff member makes a mistake that causes the injury, it may be considered medical malpractice.
What Is Medical Malpractice?
Medical malpractice happens when a healthcare provider fails to follow the accepted standard of care and causes harm to a patient. In the case of birth injuries, this could mean a doctor didn’t notice signs of distress in the baby, waited too long to perform a C-section, or used tools like forceps in a careless way.
To have a valid medical malpractice case in Georgia, you typically must prove that:
- The doctor or healthcare provider owed you and your baby a duty of care.
- That duty of care was broken (negligence).
- The negligence directly caused the birth injury.
- You and your child suffered damages as a result.
This might sound complicated, but an experienced Atlanta medical malpractice lawyer can help you gather the facts and build your case.
Common Causes of Birth-Related Injuries
Birth-related injuries can happen for several reasons. Some of the most common causes include:
- Delayed C-Section: If a baby is in distress and a C-section is delayed, it can lead to oxygen loss or brain damage.
- Improper Use of Delivery Tools: Using vacuum extractors or forceps with too much force can injure babies.
- Failure to Monitor Fetal Heart Rate: If doctors fail to monitor the baby’s heartbeat, they might miss signs that the baby is in trouble.
- Improper Handling of Shoulder Dystocia: This occurs when a baby’s shoulders get stuck during birth. If not handled correctly, it can lead to nerve damage.
When these mistakes are made and an injury results, parents may have a right to seek legal help.
How to File a Medical Malpractice Claim in Georgia
Filing a medical malpractice claim in Georgia involves several important steps. The first step is usually to talk to a medical malpractice attorney. They will review your case and tell you if they believe malpractice occurred. In Georgia, you typically must file your lawsuit within two years of the injury, but sometimes this deadline can be extended, especially if the injury wasn’t discovered right away.
Another rule in Georgia is that you must include an affidavit of an expert with your lawsuit. This means a qualified medical expert must review your case and give a written opinion stating that malpractice likely occurred. After your lawsuit is filed, there may be a long process of gathering medical records, expert testimony, and other evidence. Many cases are settled out of court, but some go to trial.
Contact an Atlanta Child Injury Lawyer at Malone Law Medical Malpractice and Severe Injury Lawyers
If you believe your child’s birth injury was caused by a medical error, don’t wait to take legal action. You may feel overwhelmed, but you’re not alone.
An experienced Atlanta child injury lawyer can guide you through each step and fight for the care and compensation your child deserves. Acting quickly gives you the best chance to protect your child’s future and hold the responsible parties accountable.
Call Malone Law Medical Malpractice and Severe Injury Lawyers to arrange a free consultation.
We proudly serve in Fulton County.
Malone Law Medical Malpractice and Severe Injury Lawyers
2 Ravinia Dr NE Suite 300
Atlanta, GA 30346