The birth of a child should mark one of the happiest moments for a family. But happiness can quickly turn to anxiety and shock when the baby or mother suffers a birth injury. Birth injuries can happen before, during, or shortly after childbirth. In some cases, a birth injury occurs due to negligent medical care provided by the healthcare professionals attending to the mother and baby. When this happens, families should speak with a trusted Albany birth injury lawyer about their legal rights.
At the Law Offices of William F. Underwood, III, P.C., we know how devastating a birth injury can be for your family. Our law firm has a long track record of successfully handling these difficult cases. Let us do the hard work of going up against the insurance companies and hospital corporations to fight for the justice and compensation your family deserves.
Contact our firm today if your child has suffered a birth injury due to the negligence of a healthcare provider. We can help you get answers.
When Should You Contact a Lawyer After a Birth Injury?
Not every birth injury will result in a legal claim for compensation. In some cases, an injury may have been unavoidable under any circumstances. However, if your child has suffered a birth injury, you should contact an attorney if you have even the slightest suspicion that your physician or another healthcare provider may have been negligent.
At the Law Offices of William F. Underwood, III, P.C., we offer free initial case evaluations. This means there is no risk to you in having your case reviewed by an experienced birth injury lawyer and getting advice on your legal rights and options.
What Do You Have to Prove in a Birth Injury Claim?
To prove your family’s right to compensation in a birth injury claim, you will need to show that the birth injury was caused by the negligence or recklessness of one or more medical providers before, during, and/or shortly after delivery. Typically, this requires showing that the level of care provided by the medical professional was not the same level of care that other medical professionals of similar training and experience would have provided in the same circumstances. In other words, you need to be able to show the treatment you received was substandard, and you or your child were harmed as a result.
How Our Albany Birth Injury Lawyers Can Help You
Our experienced Albany birth injury lawyer can help you seek financial compensation and demand accountability by:
- Investigating the underlying facts and circumstances of your claim, including reviewing medical records and notes and consulting with medical experts to determine whether and how your healthcare providers’ actions caused the birth injury
- Identifying other parties that can be held liable, such as a hospital or a medical practice
- Filing your claim for compensation with the at-fault parties and insurance companies
- Handling communications and settlement negotiations with insurance adjusters and defense lawyers to fight for fair and full compensation on your behalf
- Preparing your claim to go to court, if necessary, and advocating for you at trial if your claim cannot be settled for fair compensation
We Demand Full Birth Injury Compensation for Families
When your family has been harmed by a birth injury, you may be entitled to recover compensation for expenses and losses, such as:
- Costs of medical treatment, rehabilitation/therapy, and specialized care or educational services
- Lost wages or income or loss of earning potential when a mother suffers a birth injury
- Pain and suffering
- Emotional trauma and distress
- The child’s reduced life expectancy due to the birth injury
- Lost quality of life due to physical scarring or disfigurement or due to disability, including a birth injury rendering the mother unable to bear more children in the future
Common Types of Birth Injuries
Some of the most common types of birth injuries include:
- Caput succedaneum – This swelling of the scalp can cause it to appear discolored. This is usually caused by excessive pressure from forceps or a vacuum extractor.
- Cephalohematoma – This injury involves bleeding under the skull. The injury may lead to complications such as jaundice, anemia, or hypotension.
- Broken bones – Bones can be fractured due to excessive or improper forces used by doctors or midwives during delivery.
- Bruising and lacerations – Cuts and bruises can also result from improper use of tools during delivery.
- Facial paralysis – This can be caused when too much pressure is placed on a baby’s head or face during delivery, damaging the nerves.
- Brain injuries – Brain injuries can result from trauma due to excessive force from delivery tools, lack of oxygen caused by the failure to promptly respond to fetal distress, or infections.
- Brachial plexus injuries – This is an injury to the nerves running from the spine through the neck and shoulder. It can cause paralysis or motor deficiencies of the affected hand and arm. While mild cases often heal on their own, more severe injuries may lead to permanent paralysis.
- Cerebral palsy – A condition caused by a brain injury. Symptoms include reduced motor skills, low muscle tone, and spasms. Cerebral palsy is often accompanied by vision or hearing problems and cognitive disabilities.
- Hypoxic ischemic injury – This injury is caused by oxygen deprivation to the brain, which may arise from cardiac arrest or respiratory issues.
- Shoulder dystocia – This occurs when a baby’s shoulders get stuck inside the mother’s pelvis during delivery.
- Stillbirth and neonatal death – This is often caused by the failure to respond to infections or other health conditions suffered by the mother or to signs of fetal distress.
Birth Injuries to Mothers
Birth injuries can also refer to physical trauma suffered by a mother during the delivery process. Some examples of birth injuries to mothers include:
- Vaginal tears
- Fractured coccyx or pelvic bones
- Uterine rupture
- Uterine inversion, which occurs when the placenta remains attached to the uterus during afterbirth
- Prolapse of the pelvic organs, including the uterus or bladder
Georgia Statute of Limitations on Birth Injury Claims
Under Georgia’s statute of limitations, you typically have two years from the date your child suffered a birth injury to file a lawsuit to pursue compensation from the medical providers at fault. In certain circumstances, this two-year period may not begin until you discover that your child has suffered a birth injury or that the injury was caused by your medical provider’s negligence.
If you believe your child suffered a birth injury due to medical malpractice, you should speak with an attorney as soon as possible.
Talk to an Albany Birth Injury Lawyer Now
Contact the Law Offices of William F. Underwood, III, P.C., now to speak with an Albany birth injury lawyer. We’ll listen to your story and help you understand your legal rights and options for pursuing justice and the financial compensation you need to provide treatment and care for your child. Call us today or get in touch with us online. The consultation is free.
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