Birth Injury

One of the worst experiences a parent goes through is watching their child suffer and not being able to do anything about it. Unfortunately, for some parents, that experience occurs before or during birth.

Birth injury cases are complicated personal injury claims that involve allegations of medical malpractice. Therefore, a child’s birth injury claim requires an understanding of medical negligence and how that applies to the birthing process.

Birth injury lawyers help parents file claims seeking justice for their children. If your child suffered injuries due to medical malpractice, you and your child deserve fair compensation for damages caused by negligent medical professionals and healthcare providers.

Table of Contents

What Is a Birth Injury?

A birth injury includes any trauma the mother or child experiences during labor and delivery. Medical negligence and errors often lead to birth injuries.

Anyone charged with caring for the mother and the child could potentially be liable for damages caused by a birth injury.

Parties that might be named in a birth injury lawsuit include, but are not limited to:

Physicians, including OBGYNs and other specialists
Hospitals and medical facilities
Nurses
Hospital staff
Surgeons
Anesthesiologists
Technicians

A thorough investigation is required to identify all parties who could be liable for the child’s injury. An experienced legal team will work with medical specialists and expert witnesses to determine the factors that led to the birth injury and the parties responsible for those factors.

What Are Common Causes of Birth Injuries?

A child could be injured during labor and delivery in many different ways. Sadly, many of the causes of birth injuries are preventable.

Examples of negligence and wrongdoing that can lead to a severe birth injury include:

Failing to monitor for fetal distress during labor and delivery
Failure to screen the mother for the risk of birth defects
Ignoring the signs of health problems the mother may have that could impact labor and delivery
Oxygen deprivation
Surgical errors and mistakes
Uterine rupture
Failing to diagnose a prolapsed umbilical cord
Dystocia (difficult or obstructed labor)
Failing to recognize how the size of the baby could impact labor and delivery
Improper use of forceps, vacuums, and other birthing tools
Administering the incorrect dose of a medication or the wrong medication
Anesthesia errors and mistakes
Failing to order a timely Cesarean section (C-section)

Unfortunately, labor and delivery are complicated processes. Many things can go wrong that threaten the mother and baby’s life and health.

However, doctors and medical professionals must take reasonable steps to prepare for any situation or emergency that can occur during labor and delivery. When they fail to meet the acceptable standard of care, babies can suffer birth injuries that might affect them for the rest of their lives.

What Are the Consequences of Medical Malpractice During Labor and Delivery?

Birth injuries can result in one or more life-threatening conditions and permanent impairments.

Types of birth injuries include:

Brain damage
Cerebral palsy
Caput succedaneum
Subconjunctival hemorrhage
Hypoxic Ischemic Encephalopathy (HIE)
Broken bones
Spinal cord injuries
Erb’s Palsy
Intracranial hemorrhage
Placental abruption
Cephalohematoma
Brachial plexus injuries
Shoulder dystocia

Many of the injuries that occur during labor and delivery are preventable. Sadly, these injuries could cause permanent impairments. Some children suffer from developmental delays, cognitive impairments, and physical disabilities because of a birth injury.

How Do I Know My Child Sustained a Birth Injury?

The symptoms and signs of a birth injury vary greatly and depend on the type of harm your child suffered.

However, some common signs of birth injuries to watch for after birth include the following:

Trouble breathing
Swelling and bruising
Seizures
Weak reflexes
Skin that appears blue or pale
A low heart rate
The need for resuscitation
Extremely rapid heart rate
High-pitched cries or crying with an arched back

Unfortunately, symptoms of some birth injuries might not appear immediately after birth. Parents might not be informed that their child sustained a medical emergency during labor or after birth. The hospital staff and doctors may cover up the negligence and errors during birth.

However, as their child ages, parents may notice delays in development or developmental problems such as:

Trouble speaking
Delays in rolling over, crawling, or walking
Difficulty holding items
Strange movements
Hearing and/or vision problems
Lack of coordination
Feeding problems
Failing to meet expected milestones

If you believe your child might have sustained a birth injury, it is important to seek medical treatment immediately. A physician or specialist can diagnose and treat conditions caused by medical malpractice and negligence during the birthing process.

How Much Is a Birth Injury Claim Worth in Georgia?

Many factors will affect how much a birth injury claim is worth. The nature and severity of your child’s injuries significantly impact the compensation you could receive.

Factors that can impact the damages in a birth injury claim include:

The effect the birth injury has on future development, including educational, social, physical, and emotional development
Whether your child sustained a permanent or long-term disability or impairment
The impact on your child’s ability to work and earn a living
The cost of medical treatment and personal care
The effect of the birth injury on your child’s quality of life
The cost of your lost wages and other expenses you incur while caring for your child

Your legal team will analyze your case to identify each factor that impacts its value. Your lawyer might work with experts to determine the extent of your child’s injuries and the future costs of birth injuries.

What Damages Can I Recover in a Birth Injury Claim?

Medical malpractice victims are entitled to compensation for their economic and non-economic damages.

Examples of economic damages in a birth injury case include:

Past, current, and future medical bills and expenses
In-home nursing care
Physical therapy and rehabilitation therapies
Counseling
Medical devices and medications
Personal care and services
Specialized education programs
Your child’s diminished future earning potential
Your loss of income

In addition to financial losses, you and your child are entitled to compensation for the pain and suffering the medical malpractice has caused.

Watching your child suffer can be highly traumatizing. Furthermore, your child may experience a lifetime of emotional distress and suffering because of the birth injury.

Examples of non-economic damages in a birth injury claim include:

Physical pain and suffering
Disfigurement and scarring
Loss of a normal childhood
Emotional distress and mental anguish
A decrease in your child’s quality of life
Permanent disabilities and impairments

To recover compensation for a birth injury, you must file your claim before the statute of limitations expires. Typically, Georgia has a two-year statute of limitations for medical malpractice lawsuits.

However, that deadline could be extended if the victim is a child or could not have reasonably discovered the injury until later.

The statute of limitations for medical malpractice claims can be difficult to calculate. Therefore, the best step parents can take is to seek legal advice from an experienced Tifton medical malpractice lawyer as soon as they suspect their child could have sustained a birth injury.

Contact Us For a Free Consultation With a Tifton Birth Injury Lawyer

We understand that you and your family have been through a traumatic and emotional experience. Our legal team is here to help. Call (229) 386-1376 to contact The King Firm attorneys to schedule a free consultation with an experienced Tifton birth injury attorney to discuss your case.