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Bringing a Medical Malpractice Lawsuit for Birth Injuries

When birth injuries suffered by child or mother turn miracle into tragedy, it is possible to bring a lawsuit for damages against the doctor, hospital, or other healthcare support staff responsible. Medical malpractice is an inherently complex area of law. Thus, the assistance of a skilled and experienced medical malpractice attorney is a necessity. If you or your child have been injured during childbirth in the state ofGeorgia, contact adedicated Georgia medical malpractice attorney as soon as possible.

Medical Malpractice is a Type of Negligence

Medical malpractice is itself a type of negligence. Negligence occurs when a breach of a duty owed by one person, business, or institution to another person results in damages. “Damages” is the legal term for injuries, whether physical, mental, or emotional. The language “breach of a duty” requires slightly more explanation. Human beings living in society owe one another a myriad of duties. For example, there is the duty of safe driving. When you enter the flow of traffic in your vehicle, you owe a duty to your fellow drivers and pedestrians to drive safely and in accordance with the rules and regulations of the road.

Just as drivers owe a duty of safe driving, doctors, nurses, staff, and the hospitals they work for owe a duty to healthcare patients to provide treatment in a competent manner that is consistent with state and federal healthcare standards. This duty of competence is also termed a “standard of care.” When a doctor, nurse, or staff member provides incompetent treatment – that which is below the standard of care – the duty has been breached. When this breach occurs during childbirth and causes injuries to child or mother, medical malpractice has occurred. In lieu of the breach and resulting damages, it is possible to sue for pain and suffering (both physical and mental), the costs of any additional medical bills, as well as future losses stemming from any long-term injuries or disabilities suffered.

A Skilled Attorney Represents Clients in All Types of Birth Injury Cases

The types of injuries suffered by mother or child as a result of medical malpractice are many. They include:

  • Hypoxic Ischemic Encephalopathy

  • Brain Injuries

  • Skull Fractures

  • Oxygen Deprivation

  • Delayed C-Section

  • Brachial Plexus Injuries

  • Hydrocephalus

  • Erb’s Palsy

  • Cerebral Palsy

  • Brain Injuries in Infants

The consequences of these injuries may include physical disabilities, delayed development, and permanent cognitive disabilities. If an injury or its consequences are the result of a doctor, nurse or staff member failing to exercise proper caution, react to a warning or sign of risk during childbirth, or provide adequate care, it is possible to sue for medical malpractice.

What to Do if You or Your Child Has Suffered Birth Injuries

If you or your child has suffered birth injuries, contact a dedicated and experienced Georgia medical malpractice attorney. Anexperienced attorney will navigate the complexities of medical malpractice law, and work to obtain the compensation you need and deserve for your losses and the trauma you have experienced.