Birth Injury
Birth injuries are an especially devastating result of medical negligence in Georgia due to the severe and often lifelong impact they can have on both the child and the family. These injuries occur when a healthcare provider’s negligence during labor and delivery results in harm to the newborn or the mother.
Common Causes of Birth Injuries
Improper Use of Medical Instruments:
Misuse of forceps or vacuum extractors during delivery can cause serious injuries such as skull fractures, brain damage, or nerve injuries like brachial plexus injuries (e.g., Erb’s palsy).
Failure to Monitor:
Inadequate monitoring of the mother and baby during labor can lead to undetected fetal distress, resulting in conditions like cerebral palsy or hypoxic-ischemic encephalopathy (HIE) due to lack of oxygen.
Delayed C-Section:
Failing to perform a timely cesarean section when medically necessary can lead to severe complications, including brain damage or even death.
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Legal Framework and Compensation
In Georgia, to establish a medical malpractice claim for a birth injury, the plaintiff must prove that the healthcare provider deviated from the accepted standard of care and that this deviation directly caused the injury. Successful lawsuits can result in compensation for medical expenses, ongoing care costs, pain and suffering, and other related damages.
Steps to Take
If a birth injury is suspected, it’s crucial to document all medical treatments and seek a second opinion to confirm the injury and its cause. Consulting with an experienced birth injury attorney can help navigate the legal process and ensure that the rights of the affected family are protected.
