Birth Injuries Lawyer Atlanta GA

Injuries that result from the fault or negligence of the doctor, nurse, or any healthcare professional during labor or delivery are, as a rule, actionable in court as a medical malpractice case. In other words, when a child suffers an injury due to the act or omission of the medical personnel handling his or her delivery, such personnel may be held liable for damages. Our laws give protection to injured parties, who, naturally, had the expectation that the professionals handling the delivery are exercising utmost care during the procedure. Should it be proven that they were remiss of their duty to show the standard degree of care, injured parties have the right to seek liability and claim compensation.

What are the most common causes of birth injuries?

Birth injuries come in different forms, but the most common causes of birth injuries, which can be attributed to the doctor, nurse, or any other medical personnel handling the delivery are:

Misdiagnosis or failure to spot problems before birth: Before birth, there are things that must be checked to ensure that delivery is safe to administer, both for the mother and the child. Doctors must accurately interpret fetal ultrasounds, check for any signs of fetal distress, assess the overall condition of the mother and the fetus, among others. When there is failure to diagnose or accurately interpret these conditions, doctors will not be able to perform the proper delivery procedure, and may result in the injury of the child, or even the mother.
Improper use of forceps: Forceps are a medical tool, which somewhat resemble kitchen tongs, used to facilitate delivery with mothers particularly having difficulties delivering the child. If this tool is improperly used, it can lead to fetal distress, including lack of oxygen, and may eventually cause serious brain injuries to the child.
Injury from the misadministration of vacuum extraction: Another instrument used to help ease difficulties in childbirth is a vacuum. In a vacuum-assisted delivery, the vacuum is applied to gently latch on the child’s head and help guide the baby out of the birth canal. Similarly, if this tool is improperly used, birth injuries or defects may develop.
Injury associated with caesarean delivery: Caesarean delivery, also referred to as C-section, is a surgical procedure used to deliver a baby through making incisions in the abdomen and uterus of the mother. Clearly, there are risks involved in the process, including injuries to the mother, baby, or both. Another related birth injury is the delay in ordering a C-section, which must be timely made if the child is suffering from fetal distress.

How can a personal injury lawyer help?

A personal injury lawyer deals with all the actions necessary in order to make a claim against the defendant, so that you and your child, as the injured parties, can focus on your fast and full recovery. To note, injured parties, no matter how faultless they can be under the circumstances, cannot just easily and automatically make a claim. There are certain things that must be done and must be proven, as provided under personal injury and tort laws and medical malpractice cases, before any compensation is made.

Here are the things that a personal injury lawyer does and goes through in order to help injured parties in medical malpractice cases involving birth injuries:

Doing initial consultations with the potential client
Investigating the facts and circumstances of the case
Consulting with independent medical experts
Communicating with the adverse parties
Negotiating and making a settlement demand
Filing a lawsuit, if a pre-litigation settlement cannot be reached by the parties
Taking the case to trial
Collecting and disbursing funds owed to the client