Parents are protective of their children from the moment they find out they are expecting a baby. As such, finding out that your newborn sustained an injury prior to or during the birthing process due to the negligence of a medical professional is understandably devastating.
If you are dealing with the consequences of this type of medical error, you should get in touch with an Atlanta birth injury lawyer today. Our dedicated medical malpractice attorneys could help you and your family hold the negligent medical staff accountable and fight for the compensation you and your family need.
What is a Birth Injury?
A birth injury is any harm to a newborn resulting from an act of medical negligence. These incidents generally occur as the result of failure to properly respond appropriately to red flags before birth and during the birth itself as the baby moves through the mother’s birth canal. It is important not to confuse birth injuries with congenital disabilities, which stem from genetic disorders.
Acts of negligence can lead to severe medical conditions in newborns, such as perinatal hypoxia, spinal cord damage, cerebral palsy, and death. When a baby sustains birth injuries because of a medical professional’s error, the parents, as the child’s guardians, are able to file a lawsuit and pursue compensation with the help of a skilled local attorney.
Establishing Fault in Childbirth Accident Cases
The court holds healthcare professionals to a certain standard of care. To establish fault, a claimant must establish that the medical professionals failed to exercise that degree of care and caused the child’s injuries. Some of the most common acts of negligence that lead to birth injuries include:
- Improper or forceful use of forceps
- Improper use of vacuum
- Misinterpretation of test results
- Misdiagnosis or failure to diagnose the mother’s or child’s medical conditions
- Delay in ordering a caesarian section
- Failure to properly monitor the baby
A lawyer in Atlanta could investigate a potential childbirth injury claim and help establish liability.
Time Limit for Filing a Lawsuit in Atlanta
The Official Code of Georgia Annotated § 9-3-73 generally allows injured patients to file a claim against a negligent medical professional within two years of the date of the incident. However, in birth injury cases, the statute of limitations may be extended for a period of time.
There are many situations in which birth injuries are not apparent for years after the birth of a child. In these cases, if the parents can prove that despite due diligence, they did not find out about the birth injury until much later, the court may extend the statute of limitation deadline. A childbirth accident lawyer could work with parents to file all legal documents before the applicable deadlines. These deadlines require complex analysis and it is best to contact an attorney as soon as you recognize negligence may have caused injury to your child.
Meet With an Atlanta Birth Injury Attorney Soon to Discuss Your Case
The birth of your child should be a joyous event for your family and friends. If incompetence, carelessness, or negligence led to an accident before or during the birthing process, you may be able to take legal action.
Our Atlanta birth injury lawyers have the knowledge and resources to investigate the details of your case and fight for the best potential outcome. Contact us today to schedule a consultation and get started.