Bringing a child into the world should be a joyful experience, but when something goes wrong due to medical negligence, the consequences can be devastating. Birth injuries caused by medical malpractice can lead to lifelong complications, emotional distress, and unexpected financial burdens. If you believe your child’s injury was preventable, you may have grounds to file a medical malpractice claim. Knowing your rights and the legal process can help you seek the compensation needed for your child’s care and future.
What Counts as Medical Malpractice in Birth Injuries?
Not every birth injury results from medical negligence, and therefore, you need to understand whether or not it makes sense to hire a medical malpractice attorney Atlanta. Some complications are unavoidable, even with the best medical care. However, if a doctor, nurse, or other healthcare professional fails to follow proper medical standards, and that failure causes harm, it may be considered malpractice. Examples include:
- Failure to monitor fetal distress – If a baby shows signs of distress during labor and medical professionals fail to act quickly, it can lead to serious complications.
- Delayed or improper C-section – If a cesarean section is necessary but delayed, or if it is performed incorrectly, it can result in harm to both mother and baby.
- Misuse of delivery tools – Forceps and vacuum extractors can cause injuries if used improperly, leading to skull fractures, brain injuries, or nerve damage.
- Medication errors – Administering the wrong drug or incorrect dosage during labor can have dangerous consequences.
- Oxygen deprivation – If a baby is deprived of oxygen due to negligence, it can lead to brain damage and conditions such as cerebral palsy.
If any of these situations occurred during childbirth and led to an injury, you may have a valid medical malpractice case.
Proving a Birth Injury Case
To successfully file a medical malpractice claim, you’ll need to prove that negligence occurred. This involves demonstrating:
- A doctor-patient relationship existed – This establishes that the healthcare provider had a duty to provide proper care.
- The medical professional was negligent – This means they failed to meet the standard of care expected in similar situations.
- The negligence directly caused the injury – It must be shown that the baby’s injury resulted from the medical mistake, not an unrelated condition.
- The injury led to damages – This includes medical expenses, therapy costs, and long-term care needs.
Proving these elements requires strong evidence, including medical records, expert testimony, and witness statements. A skilled medical malpractice attorney can help gather the necessary documentation and build a solid case.
How Long Do You Have to File a Claim?
Every state has a statute of limitations, meaning there’s a deadline for filing a birth injury claim. In some states, you may only have a couple of years, while others extend the deadline for cases involving minors. Some states also have a “discovery rule,” which allows more time if the injury wasn’t immediately apparent. Since missing the deadline can prevent you from seeking compensation, it’s important to consult a lawyer as soon as possible.
What Compensation Can You Receive?
A successful medical malpractice claim can help cover the costs of care and other damages associated with the birth injury. Compensation may include:
- Medical expenses – Covers hospital bills, surgeries, medications, and any other treatment related to the injury.
- Ongoing care costs – If your child requires physical therapy, speech therapy, or specialized medical care, these expenses can be included in the claim.
- Pain and suffering – Compensation for the emotional and physical toll on both the child and family.
- Loss of future earnings – If the injury leads to a disability that affects the child’s ability to work later in life, you may be entitled to compensation for lost earning potential.
- Home modifications and assistive devices – If the child requires wheelchair ramps, specialized equipment, or other modifications, these costs may be covered.
The amount of compensation depends on the severity of the injury, the impact on the child’s life, and the medical costs involved.
The Role of a Birth Injury Lawyer
Navigating a birth injury claim can be overwhelming, especially when dealing with the emotional weight of your child’s condition. A birth injury lawyer specializes in these cases and can help by:
- Investigating the circumstances of the birth injury.
- Consulting medical experts to confirm malpractice occurred.
- Negotiating with insurance companies for a fair settlement.
- Representing you in court if the case goes to trial.
Most medical malpractice lawyers work on a contingency fee basis, meaning you won’t pay anything upfront. Instead, they receive a percentage of the settlement or court award, making legal help more accessible for families.
What to Do if You Suspect Medical Negligence
If you believe your child’s birth injury was caused by medical negligence, taking the right steps early on can make a difference in your case. Here’s what to do:
- Get a second medical opinion – Another doctor can help determine whether malpractice was a factor in your child’s injury.
- Obtain medical records – These documents provide crucial evidence about what happened during labor and delivery.
- Document everything – Keep detailed notes about your child’s symptoms, treatments, and how the injury affects daily life.
- Speak with a birth injury attorney – A lawyer can assess your case and guide you through the legal process.
Taking action sooner rather than later ensures you have the strongest case possible and prevents missing any legal deadlines.
Seeking Justice for Your Child
A birth injury can change your child’s life in ways you never expected, but you don’t have to face it alone. Holding negligent medical professionals accountable can provide the financial support needed to give your child the best possible care. Understanding your legal options, gathering the right evidence, and working with an experienced attorney can make all the difference in securing justice for your child.
Veeramachineni Lalitha
I am Finance Content Writer. I write Personal Finance, banking, investment, and insurance related content for top clients including Kotak Mahindra Bank, Edelweiss, ICICI BANK and IDFC FIRST Bank. My experience details : Linkedin