Birth injuries can quickly turn what should be a joyful occasion into a major cause for concern. Whether the injury happens to the newborn, the mother, or both, the complications that can arise turn an already uneasy post-birth period into a time of anxiety and uncertainty.
In some cases, permanent injuries can result, limiting the baby’s development or the mother’s ability to fully recover.
At the CEO Lawyer Personal Injury Law Firm, we understand the devastating effects a birth injury can have on not just your life but also your outlook.
Parents and the baby are supposed to bond during this extremely important time, but they may instead be overseeing — or receiving — extensive medical care.
Any time a birth injury results from medical negligence or a deviation from the standards of appropriate care (an act of malpractice), the affected family can seek compensation for the added medical costs and other damages they have suffered.
Let an Atlanta birth injury lawyer from our firm help you during this precarious time, helping you build a case while valuing your damages in full.
Your first appointment is always free and confidential, so schedule a case review today to get answers to your questions and guidance on how to maximize your chances of successful recovery after your unfortunate incident.
What to Look For in an Atlanta Birth Injury Attorney
What to Look For in an Atlanta Birth Injury AttorneyHiring the right attorney can mean the difference between appropriate, accurately valued compensation and a mere portion of the damages you have suffered — sometimes, none at all.
Birth injury cases, in particular, can be difficult to litigate because of all the complexities of medical care, as well as reconstructing the often tense and jumbled timeline leading up to the birth.
Medical care providers are notorious for trying to shirk responsibility for the accident, up to the point of blaming the mother for some alleged action she took or failed to take. We know the truth: you are not a medical expert, but your delivery team was.
They have books’ worth of medical standards they are supposed to follow, and any deviations from those standards spell malpractice.
When choosing to work with a birth injury attorney in Atlanta, the one you pick can have a huge effect on the outcome of your case. To help increase your chances of a successful birth injury claim, look to the following factors that separate highly qualified attorneys from the rest.
Experience With Birth Injuries and Other Medical Cases
Malpractice cases and cases involving healthcare generally have a large set of different principles and legal questions compared to other injury events. Make sure the legal team you appoint has a track record of litigating these cases, both in court and at the negotiation table.
Excellent Client Care
Your family is going through a stressful time. Accordingly, your attorney team should be capable of handling your legal affairs with a high degree of confidence.
Their processes should be efficient and promote a timely resolution. They should also keep you informed and engaged throughout your case, including giving you the input to guide your case strategy according to your goals and personal wishes.
Access to Professional Resources
In addition to having the right attorneys available to take charge of your case, the law firm you work with should also have the staff to appropriately research your case and oversee its timely progress.
They should also have references for qualified medical experts who can provide their statements and testimony in your case to prove that standards of care were not met.
Leaves No Stone Unturned
Your care provision likely involved multiple provider teams in addition to the hospital facility itself. It may also entail care aspects necessitating specific medical equipment and specialized drugs.
Any of these parties could have contributed liability to the birth injury event, and so a qualified attorney team will be willing to fully investigate your case to identify all potentially at-fault parties.
Doesn’t Put the Risk on You
Most Atlanta personal injury lawyers are willing to work on contingency, meaning you don’t have to pay them up-front for their representation, and you don’t pay them at all unless they’re able to secure compensation for you.
This arrangement ensures you aren’t assuming extra financial risk by being represented, and it also motivates your attorney team to work extra hard to secure the compensation you need.
Types of Birth Injury Claims That May Be Used to Get You Compensation
There are multiple possible types of claims that could be involved in a birth injury situation. Your Atlanta birth injury lawyers will look into the facts and details of your case in order to determine who could be considered at fault for your birth injury.
Keep in mind, too, that this type of case may involve multiple claims filed against separate parties.
Below are some of the most common types of claims (also called a “cause of action”) that could be pursued in your birth injury case.
Medical Malpractice
Medical malpractice states that the injury in question occurred because the care provider failed to follow all of the standards of care expected of their profession.
These standards may come directly from specific laws and regulations affecting the healthcare industry. They may also be imposed by professional institutions, such as a medical board or independent regulatory agency.
Care providers are also expected to leverage the knowledge they’ve earned from school and continuing education. Failure to remember basic medical concepts or to adhere to expected procedures can constitute malpractice.
This holds true even in the absence of a law or rules specifically mandating certain actions during care.
Doctors, practice groups, and hospital administrations are commonly named parties in malpractice lawsuits.
Non-physician staff, such as registered nurses and care coordinators, may also be named, but these individuals are generally considered to be under the supervision of their employer or the physician assigned to the specific patient case.
Third-Party Negligence
Negligence applies to non-professional individuals whose actions contributed to the birth injury. Examples can include a careless driver who hit the pregnant mother, leading to complications that resulted in a birth injury.
Defective Medical Devices
Many deliveries are assisted by instruments, especially if the baby is premature and otherwise presents complications during the delivery.
Unfortunately, these birthing instruments also have a higher track record of inflicting medical harm when compared to unassisted vaginal birth and especially a cesarean section birth.
Examples include injuries to facial nerves inflicted by forceps and hemorrhaging caused by complications during a vacuum-assisted birth.
Device manufacturers can be held liable jointly or separately to care providers when injury claimants can prove that the device was unacceptably dangerous or that it possessed a flaw from a lack of manufacturing oversights.
Products manufacturers can also be held liable in cases where the promised functionality differs from the practical application of the device, also sometimes known as a “failure to warn” defect.
Dangerous Drugs
Some drugs have a high risk of complications, making it more likely for a child or mother to be injured during birth. Examples include certain labor-inducing drugs or anesthesia that results in a lack of oxygen to the fetus.
Drug manufacturers can be considered liable for certain birth injuries when the drug was used as directed but directly inflicted harm on the baby because of an unacceptably high risk of complications.
They can also be considered liable when any of the following caused the drug to be more harmful than expected or indicated:
- Design defects resulting in molecules capable of creating dangerous medical complications
- Manufacturing defects cause an otherwise safe drug to become harmful
- Defects introduced during the packaging, shipment, and handling of the drug throughout the supply chain
- A failure to appropriately warn about the drug, including its possible side effects and known interactions with other common drugs
- A failure to comprehensively test the drug to determine its safety and efficacy
Wrongful Death
A wrongful death case can arise from any of the above causes of action when the consequences of the neglect or defect prove fatal.
Surviving family members can pursue compensation for funeral and burial costs, as well as for the personal pain and suffering they have endured from the loss and the loss of the loved one’s domestic services they provided.
A representative of the decedent can also pursue damages inflicted directly on the injury victim as a result of negligence or a defect immediately prior to their death, recovering things like the income a mother lost as a result of delivery complications post-op but prior to her passing.
Damages That Can Be Claimed in a Birth Injury Case
Each birth injury case involves unique damages suffered by the injury victim and their family, which can include any or all of the following:
- Necessary medical care, as opposed to routine care, which is expected pre and post-delivery. This can include neonatal emergency care, any added surgeries, and the costs of extra hospitalization days or increased care needed following the delivery.
- Projected future medical costs, especially when a delivery results in long-term complications or possible permanent impairment to the delivering parent or the newborn. Newborns that develop disabilities specifically because of a birth injury, for example, may require increased care throughout their lifetime.
- Lost wages, as determined by the difference in earnings when comparing the income earned before as opposed to after the birth injury. Can apply to mothers required to extend their stay or who are forced to use additional maternity or medical leave following their delivery that they otherwise would not have used. This category of damages can also apply when an individual’s total earnings potential is reduced for the remainder of their lifetime, possibly even applying to the future earnings an infant might eventually make should they develop a severely limiting disability.
- Pain and suffering for everyone affected, including the infant. This category applies to the suffering endured by the parents, as well, when they have to endure the stress and fear that follows a traumatic birth event.
- Out-of-pocket costs paid by the parents in direct connection to the birth injury, including costs of over-the-counter medical devices and drugs, transportation to appointments, and additional domestic or child care required because of the injury.
- Funeral and burial costs in the event of a fatality, in addition to compensation for the suffering of the surviving family members.
Examples of Common Birth Injuries in Atlanta
Below are some of the most common types of birth injuries encountered as a result of failure to provide the proper standard of care.
Head Trauma
Babies can sustain bruising, nerve damage, tissue damage (leading to scarring), and skull fractures during their passage through the birth canal.
These injuries are more common in abnormal presentations, but care providers are nevertheless expected to provide appropriate care recommendations in response, such as by suggesting a cesarean incision.
Hemorrhaging
Bleeding, or hemorrhaging, can result from blood pooling in parts of the baby’s anatomy as well as from physical trauma sustained during the birth. These types of injuries can be internal or external, and they are more likely when birthing instruments — such as forceps or a vacuum — are used.
Nerve Injuries
Injuries to facial nerves are the most common type of nerve injury in newborns, but other nerves and even brain tissues can be affected.
The baby may also experience nerve trauma as a result of a fracture during birth, especially if the fracture affects the shoulder or spine.
Other Injuries
A newborn may sustain ocular injuries, internal organ injuries, or soft tissue injuries during delivery.
Hypoxia
Lack of oxygen can occur from a physical complication, such as a baby becoming wrapped in the umbilical cord or because of a failure to properly monitor and treat the mother and the fetus, resulting in depleted oxygen levels.
Low oxygen in newborns can easily result in brain and tissue damage, possibly even death. Some drugs make these types of complications more likely, especially when not properly administered and monitored for adverse reactions.
Work With an Atlanta Birth Injury Law Firm Who Are Passionate About Helping You Recover
Our Atlanta personal injury and malpractice team has a history of providing clients with excellent care through every stage of their case, and we also have a track record of outstanding case results showing that we are capable of securing the money our clients need.
When your family has suffered from a birth injury, we are here to help you during what is likely to be one of the most challenging times in your life.
You will be able to know with confidence that we have vigorously researched your case, consulting with medical care experts and poring over your expense records to identify every cent of damages you have suffered.
If you are ready for someone to listen and offer guidance on the best way to pursue your case, we are here to help. Contact us today at (404) 777-8800 to schedule a free, confidential case review with no obligation.
Our Atlanta birth injury lawyers are waiting to fight for you!
