The birth of a child should be a moment of joy and celebration, but when medical mistakes occur during childbirth, it can result in lifelong consequences for both the child and their family. If your child suffered a birth injury due to medical negligence or errors during delivery, you may be entitled to compensation through a birth injury claim.
At Ted Law Firm, we understand the emotional and financial strain caused by birth injuries. Our compassionate attorneys are dedicated to helping families in Atlanta, Georgia, and surrounding areas pursue justice and secure the compensation needed for medical care, long-term therapy, and other essential services.
What Is a Birth Injury?
A birth injury is any harm or injury that occurs to a baby during pregnancy, labor, or delivery. Some birth injuries are minor and heal quickly, while others result in permanent disabilities or life-changing conditions.
Common birth injuries caused by medical malpractice include:
- Cerebral palsy: A condition caused by brain damage during birth that affects movement and coordination.
- Brachial plexus injuries (Erb’s palsy): Nerve damage that occurs during delivery, often from excessive pulling during labor.
- Hypoxic-ischemic encephalopathy (HIE): Brain damage caused by a lack of oxygen during or after birth.
- Fractures: Broken bones, especially the collarbone, caused by excessive force during delivery.
- Spinal cord injuries: Damage to the spinal cord that can cause permanent paralysis or mobility issues.
- Facial nerve injuries: Nerve damage caused by forceps or other tools used during delivery.
- Shoulder dystocia: A condition where the baby’s shoulder becomes stuck during delivery, leading to nerve damage or fractures.
If your child has suffered from any of these conditions due to medical negligence, you may be entitled to pursue legal action.
How Do Birth Injuries Occur?
Birth injuries can result from various factors, many of which stem from medical errors or negligence during pregnancy or delivery. Some common causes of birth injuries include:
- Failure to monitor fetal distress: If doctors or nurses fail to properly monitor the baby’s heart rate or oxygen levels, it can lead to serious injury.
- Improper use of delivery tools: The improper use of forceps or vacuum extractors during delivery can cause nerve damage, fractures, or head injuries.
- Failure to perform a timely C-section: Delaying or failing to perform a C-section when necessary can lead to oxygen deprivation and brain damage.
- Inadequate prenatal care: If doctors fail to identify high-risk conditions or complications during pregnancy, it can lead to birth injuries during delivery.
- Medication errors: Administering the wrong dosage or wrong type of medication during labor or delivery can cause harm to the baby.
When medical professionals or hospitals fail to meet the accepted standard of care during childbirth, they can be held liable for the resulting injuries.
Who Can File a Birth Injury Lawsuit in Atlanta?
In Georgia, the parents or legal guardians of the injured child can file a birth injury lawsuit. These claims are typically filed on behalf of the child, as they are the ones who suffer the long-term effects of the injury.
Family members can also seek compensation for the emotional distress and financial burdens caused by the birth injury. If the injury has long-term consequences, the child’s parents may be able to seek compensation for ongoing medical care, therapy, and special education needs.
What Compensation Can You Recover in a Birth Injury Case?
While no amount of money can undo the harm caused by a birth injury, pursuing a claim can help cover the costs of medical treatments, long-term care, and other damages related to the injury. Possible compensation includes:
- Medical expenses: Past, present, and future medical bills for surgeries, hospital stays, physical therapy, and any other necessary treatment.
- Special education and therapy costs: The cost of specialized education, speech therapy, physical therapy, and other services.
- Pain and suffering: Compensation for the physical and emotional pain caused by the injury to your child and your family.
- Loss of earning potential: If the birth injury affects your child’s ability to work in the future, you may be entitled to compensation for lost future earnings.
- Vocational training or home care: If your child needs assistance or specialized care as they grow older, compensation may be available for these services.
- Punitive damages: In cases of gross negligence or intentional harm, punitive damages may be awarded to punish the responsible parties.
At Ted Law Firm, we work with medical experts, economists, and life care planners to calculate the full financial impact of your child’s birth injury.
How Ted Law Firm Can Help With Your Birth Injury Claim
Birth injury cases are complex and require an experienced attorney who can navigate the legal and medical complexities involved. Here’s how Ted Law Firm can help you:
- Investigation: We conduct a thorough investigation of the circumstances surrounding your child’s birth injury, including reviewing medical records, interviewing medical professionals, and consulting with experts.
- Determining liability: We identify the parties responsible for your child’s injury, including doctors, nurses, hospitals, and other medical professionals.
- Negotiating settlements: We negotiate with insurance companies to secure a fair settlement that covers your child’s medical needs and damages.
- Filing a lawsuit: If a fair settlement cannot be reached, we will take your case to trial and fight for justice in court.
- Providing emotional support: We understand the emotional toll a birth injury can have on your family. Our team is here to offer support and help you through every step of the legal process.
What to Do After a Birth Injury in Atlanta
If you believe your child suffered a birth injury due to medical negligence, here’s what you should do:
- Seek immediate medical care: Make sure your child receives the necessary medical treatment and care for their injuries.
- Document everything: Keep detailed records of all medical visits, treatments, and interactions with healthcare providers.
- Contact an attorney: Speak with an experienced birth injury lawyer as soon as possible to discuss your legal rights and options.
- Preserve evidence: Keep all evidence related to the birth injury, including medical records, delivery records, and photos of the injury.
Talk to an Experienced Birth Injury Lawyer in Atlanta Today
If your child has suffered a birth injury due to medical negligence, don’t wait to seek legal help. The sooner you contact an attorney, the sooner we can begin working on your case to secure the compensation you deserve. At Ted Law Firm, we care about your healing and your future. We proudly help people in Atlanta: Columbus, Macon, Athens, Savannah, Warner Robins, and all of Georgia! We advocate for accident victims across South Carolina and Georgia. When a devastating crash turns your world upside down, you can count on Ted Law Firm to stand by your side and provide the trusted legal support you deserve.
