Birth injuries are traumatic events that can have lifelong consequences for both the child and the parents. These injuries, often caused by medical negligence, can result in physical, emotional, and financial burdens. If you or a loved one has experienced a birth injury in Georgia, it is crucial to understand the laws that protect you and how to seek justice. At T. Madden & Associates, P.C., we specialize in personal injury cases, including those involving birth injuries. This comprehensive blog will provide you with essential information about birth injuries, the types of injuries that commonly occur, and the legal protections available in Georgia.
Birth injuries refer to any harm sustained by a baby or mother during the childbirth process. These injuries can range from minor bruises to severe, life-altering conditions. While some birth injuries are unavoidable, many result from medical negligence or errors during labor and delivery.
Understanding the different types of birth injuries can help you recognize if negligence may have played a role in your child’s condition. Here are some common birth injuries:
Cerebral palsy is a group of disorders affecting movement, muscle tone, and posture. It is often caused by brain damage that occurs before, during, or shortly after birth. Causes can include oxygen deprivation, head trauma, or infections.
The brachial plexus is a network of nerves that control the muscles of the shoulder, arm, and hand. Injuries to this nerve network, such as Erb’s palsy, can occur if the baby’s shoulder is stretched during delivery. This can lead to weakness or paralysis in the affected arm.
Fractures, especially of the clavicle (collarbone), are common during difficult deliveries. While most fractures heal with proper treatment, they can be painful and cause temporary immobility.
Perinatal asphyxia occurs when a baby does not receive enough oxygen before, during, or after birth. This condition can lead to severe brain damage, developmental delays, or even death.
This condition involves swelling of the soft tissues of the baby’s scalp, usually caused by pressure during delivery. While generally harmless, it can lead to other complications if not properly managed.
Cephalohematoma is a collection of blood between the baby’s scalp and skull. It is usually caused by the use of forceps or vacuum extraction during delivery. Although it often resolves on its own, it can increase the risk of jaundice or anemia.
Intracranial hemorrhage refers to bleeding inside the baby’s skull. This serious condition can result from trauma during delivery or medical negligence. It requires immediate medical attention to prevent long-term damage.
Georgia law provides several protections for babies and mothers who suffer birth injuries due to medical negligence. Understanding these legal frameworks is crucial for pursuing justice and compensation.
In Georgia, medical malpractice laws are designed to protect patients from negligent healthcare providers. To prove medical malpractice in a birth injury case, you must establish that the healthcare provider deviated from the accepted standard of care and that this deviation directly caused the injury.
The statute of limitations for medical malpractice cases in Georgia is generally two
years from the date of the injury or death. However, there are exceptions for cases involving minors. For birth injury cases, parents have until the child’s seventh birthday to file a lawsuit.
Healthcare providers in Georgia are required to obtain informed consent from patients before performing any medical procedures. Informed consent means that the patient (or parent, in the case of a minor) understands the risks, benefits, and alternatives to the procedure. Failure to obtain informed consent can be a basis for a medical malpractice claim.
Under the doctrine of respondeat superior, hospitals and medical facilities can be held liable for the negligence of their employees. This means that if a doctor or nurse employed by the hospital causes a birth injury through negligence, the hospital can also be held accountable.
Georgia follows a comparative negligence rule, which means that if the plaintiff (the injured party) is found to be partially at fault for the injury, their compensation will be reduced by their percentage of fault. However, if the plaintiff is found to be 50% or more at fault, they cannot recover any damages.
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If you suspect that your child has suffered a birth injury due to medical negligence, it is essential to take immediate action. Here are the steps you should follow:
Ensure that your child receives the necessary medical care to address any immediate health concerns. Early intervention can be crucial for managing and mitigating the effects of birth injuries.
Collect all relevant medical records, including prenatal care, labor and delivery notes, and postnatal care documents. These records will be essential for building your case.
Keep detailed records of your child’s symptoms, treatments, and any interactions with healthcare providers. This documentation can provide critical evidence in your case.
Contact an experienced birth injury attorney like T. Madden & Associates, P.C. to discuss your case. An attorney can help you understand your legal rights, evaluate the strength of your case, and guide you through the legal process.
If your attorney determines that you have a valid case, they will help you file a medical malpractice claim against the responsible parties. This process involves gathering evidence, interviewing witnesses, and negotiating with insurance companies.
Two clients who were special needs students were being hit and abused by the paraprofessionals in a public school system. T. Madden & Associates took on the case and secured 1.25 MILLION Dollars against 1 of 4 defendants involved in the wrongful actions. The case remains open as T. Madden & Associates continues fighting for the policy limits of the remaining defendants; over $10 MILLION.
A father and son had a terrible valentine day when they found themselves the victim of a trucking collision. T. Madden & Associates initiated the case which led to the clients receiving over 3.25 MILLION Dollars.
A group of employees were experiencing a hostile work environment (HWE) and sexual harassment, prior to T. Madden & Associates was able to have the perpetrator fired and the ladies 1.25 MILLION Dollars.
Client was involved in a collision with a Yukon while driving his Honda motorcycle. The injured party was taken to the emergency room. The call was made to the firm from a hospital in Columbus, GA. We were able to serve the client as if he was next door. T. Madden & Associates was able to recover the policy limits of $1.25 MILLION for the client.
T. Madden & Associates, P.C. was able to bring justice and $1,050,000 for a couple when nobody could tell them how their son wound up at the bottom of a swimming pool. Many think if nobody saw how the drowning happened, then there can’t be a monetary recovery. T. Madden & Associates would not accept that as a proper response. A wrong occurred and this law firm made the defendant’s pay.
Three persons were involved in a collision with a Marta bus in a case of distracted driving. The public trial resulted in a $960K recovery for the 3 victims.
At T. Madden & Associates, P.C., we are committed to advocating for families affected by birth injuries. Our experienced personal injury attorneys in Georgia understand the complexities of medical malpractice law in Georgia and will work tirelessly to secure the compensation you deserve. Here are some ways we can assist you:
We offer a thorough evaluation of your case to determine if medical negligence played a role in your child’s injury. Our team will review medical records, consult with experts, and gather evidence to build a strong case.
We work with medical experts who can provide critical testimony to support your claim. These experts can explain how the standard of care was breached and how it led to your child’s injury.
Our attorneys are skilled negotiators who will work to secure a fair settlement for your case. We will negotiate with insurance companies and opposing counsel to ensure that you receive the compensation you need for medical expenses, pain and suffering, and other damages.
If a fair settlement cannot be reached, we are prepared to take your case to court. Our trial attorneys have extensive experience litigating medical malpractice cases and will vigorously advocate for your rights in the courtroom.
T. Madden & Associates P. C.
114 S Main St Jonesboro,
GA 30236
T. Madden & Associates P. C.
3915 Cascade Rd #200 Atlanta,
GA 30331
T. Madden & Associates P. C.
431 Walker St Augusta,
GA 30901
T. Madden & Associates P. C.
115 N McDonough St Decatur,
GA 30030
T. Madden & Associates P. C.
1305 Hardeman Ave. Macon,
GA 31201
Birth injuries can have devastating effects on families, but legal protections in Georgia offer a path to justice and compensation. If you believe your child’s birth injury was caused by medical negligence, it is crucial to take action quickly. At T. Madden & Associates, P.C., we are dedicated to helping families navigate the complexities of birth injury cases and secure the compensation they deserve. Contact us today for a free consultation and let us help you seek justice for your child.
T. Madden & Associates, P.C has an answer for all of your legal questions! We are a Personal Injury firm, so we handle many types of injury cases from auto collisions to wrongful death! If you or someone you know is injured, T. Madden & Associates, P.C. can help.
We are proud to offer free case reviews to anyone who may have questions before getting started. Additionally, if we do take on your case, we promise we won’t charge you a penny unless we recover compensation for your claim.
Please contact our Atlanta attorneys online or by calling 833-PAID-123 to get started today.