The birth of a child should be a time of joy and hope. When a baby or mother suffers an injury during pregnancy, labor, or delivery, however, families may be left with difficult questions about what happened and why. In some cases, a birth injury may be linked to medical negligence or a failure to provide appropriate care.
At Birth Injury Lawyers Group, our Savannah birth injury lawyers help families understand their legal options after a serious birth injury. Founded in 2003, our firm was created to provide information and legal support to families affected by birth injuries.
With more than $750 million recovered, we work to help families get answers and pursue compensation when medical negligence caused harm. Get in touch to speak to a Georgia birth injury lawyer today.
Potential Compensation Available in Birth Injury Cases
A birth injury can create expenses that continue for years or even throughout a child’s life. Depending on the circumstances, compensation in a birth injury case may include:
- Past and future medical expenses, treatment, and equipment.
- Physical, occupational, and speech therapy costs.
- Special education and other care needs
- Home modifications or long-term care.
- Pain and suffering.
- Emotional harm.
- Lost income or other financial losses experienced by parents in appropriate circumstances.
- Loss of future earning capacity when supported by the evidence.
- Wrongful death damages when a birth injury results in death.
The value of a birth injury claim depends on many factors, including the severity of the injury, the child’s future medical needs, the evidence of negligence, and the financial losses involved.
You should know that there is no reliable average settlement that applies to every Savannah birth injury case, but speaking with a birth injury lawyer in Savannah can provide more clarity.
"If your child was born with a birth injury, or cerebral palsy, we can help."
What Is Considered a Birth Injury?
A birth injury is physical harm to a baby or mother that occurs during pregnancy, labor, delivery, or shortly after birth. Some birth injuries happen even when medical professionals provide appropriate care. Others may result from mistakes, delayed treatment, or a failure to recognize and respond to a medical emergency.
It may be helpful for you to understand the differences between a birth injury and birth defect. A birth defect generally develops before birth and may be caused by genetic, developmental, or environmental factors. A birth injury, on the other hand, occurs because of an event or condition connected to pregnancy, labor, delivery, or medical care.
Some birth injuries can have lifelong effects. A child may need therapy, medications, assistive equipment, or ongoing medical care. Families may also face changes to their work, finances, and daily routines. Birth Injury Lawyers Group can help Savannah families investigate whether medical negligence may have contributed to a child’s injury.
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Common Types of Birth Injuries
If you are having trouble identifying whether your child suffered from one of these injuries, looking at some common types of birth injuries may be helpful. Some common birth injuries include:
- Cerebral palsy: A group of conditions that affect movement, muscle control, balance, and coordination. In some cases, cerebral palsy may be associated with oxygen deprivation or other complications during birth.
- Erb‘s palsy and brachial plexus injuries: Damage to the network of nerves controlling the shoulder, arm, and hand. These injuries can sometimes occur when excessive force is used during delivery.
- Hypoxic–ischemic encephalopathy (HIE): Brain injury caused when the brain does not receive enough oxygen or blood. HIE can result in permanent neurological problems.
- Bone fractures: A baby’s bones can sometimes fracture during a difficult delivery, particularly when certain delivery complications are present.
- Facial paralysis: Pressure or trauma during delivery can sometimes damage facial nerves, potentially affecting movement on one side of the face.
- Maternal injuries: Mothers can also suffer serious injuries, including uterine rupture, severe hemorrhage, infections, or other complications.
Not every injury means that a medical professional acted negligently. A careful review of medical records is often necessary to understand what happened and whether the care provided met the applicable medical standard. A Savannah birth injury attorney can help with this review process.
"We know first-hand what you are going through."
Common Causes of Birth Injuries in Savannah Hospitals
Medical negligence can take different forms during pregnancy, labor, and delivery. In some cases, the problem is a single mistake. In others, several failures may contribute to an injury. Potential causes of birth injuries include:
- Delayed C-section: A cesarean delivery may be necessary when a baby or mother is facing a serious medical emergency. An unreasonable delay may increase the risk of harm.
- Improper use of forceps or vacuum extractors: These tools can help with certain difficult deliveries, but improper or excessive use may cause injuries.
- Failure to monitor fetal distress: Medical staff may need to monitor a baby’s heart rate and respond appropriately when signs of distress appear.
- Medication errors: Medications such as Pitocin can be useful during labor but require appropriate monitoring and management.
- Failure to diagnose or treat preeclampsia: Untreated or poorly managed preeclampsia can create serious risks for both the mother and baby.
- Failure to recognize infections: Certain infections during pregnancy or delivery can pose risks to a newborn if they are not identified and treated appropriately.
- Inadequate training or negligent care: Errors involving communication, monitoring, staffing, or treatment may also contribute to an injury.
The medical records, fetal monitoring strips, medication records, imaging, nursing notes, and other evidence can help show what occurred. A medical expert may also be needed to determine whether the care fell below the applicable standard.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Who Can Be Held Liable for a Birth Injury?
Depending on the circumstances, more than one person or organization may potentially be responsible for a birth injury. Potential defendants can include OB/GYNs, nurses, anesthesiologists, hospitals, birthing centers, and other medical professionals or entities.
Determining liability can be complicated, time-consuming, and can require detailed investigative and administrative work. A hospital may have responsibility for some employees or actions, while an individual physician may have a separate professional relationship with the patient. The specific facts of the case determine who may be legally responsible.
Georgia law generally provides two years from the child’s fifth birthday to bring a medical malpractice action, but the statute of repose generally prevents an action after the child’s seventh birthday.
There are limited exceptions to the timing requirement, making it important to have an attorney review the circumstances before filing a claim.
Contact a Savannah Birth Injury Law Firm Today
A serious birth injury can leave a family with medical questions, financial concerns, and uncertainty about the future.
These cases often require a detailed review of medical records and help from qualified medical experts. Georgia also has strict deadlines and specific requirements for medical malpractice claims.
Birth Injury Lawyers Group is committed to helping families get answers and understand their legal options. If you believe medical negligence may have caused your child’s injury, contact the firm for a free, confidential consultation to discuss your situation.
"We are committed to helping families who have suffered medical negligence."