Birth injuries are devastating for children and their families. The impact of these injuries can last a lifetime. If you believe that your child was injured during your pregnancy or during birth because of your medical providers’ carelessness, contact our experienced Atlanta birth injury lawyers at Allen & Scofield Injury Lawyers, LLC. We will discuss how to prove that your medical providers were at fault and how to evaluate the scope and value of your child’s injuries, so that your family and child can receive the compensation they deserve for your child’s injuries.
The Atlanta medical malpractice attorneys at our firm have over 33 years of experience litigating child injury cases. We will comprehensively investigate your case so that we can answer all of your questions and begin to ease your suffering.
What Is A Birth Injury?
A birth injury is physical or mental damage that occurs as a result of physical pressure during the birthing process, usually as the baby moves through the birth canal. Many newborns suffer minor injuries during birth. Other newborns suffer more serious injuries during birth, such as nerve damage or broken bones.
The most common birth injuries include brachial plexus palsy, Erb’s palsy, bone fractures, cephalohematoma, caput succedaneum, perinatal asphyxia, intracranial hemorrhage, subconjunctival hemorrhage, facial paralysis, spinal cord injuries and cerebral palsy.
What Causes Birth Injuries?
Birth injuries are avoidable with proper medical care. Unfortunately, too many medical providers make careless mistakes before, during, or after delivery that harm babies. Long-term birth injuries may be caused by improper use of vacuum extractors or forceps, making an error during surgery, misdiagnosing a serious medical condition, not properly assessing risk factors beforehand, using excessive force to deliver a baby, and failure to timely c-section during labor delivery. Additionally, many health care providers do not properly respond to the fetal heart monitor that detects whether your child is getting enough oxygen to their brain. That can cause cerebral palsy.
An Atlanta Birth Injury Lawyer Will Fight For Your Child
Our birth injury law firm will provide the skilled representation that you need to pursue a malpractice claim against the medical professionals that caused your child’s birth injuries. Most birth injuries are avoidable and were caused by improper care by the attending nurse, obstetrician, practitioner, or anesthesiologist during labor and delivery. If you suspect that their negligence caused your child’s injuries, our experienced Atlanta birth injury lawyer team can review your delivery records to identify whether your medical providers violated the standard of care. Then, you can make an informed decision about whether to proceed with your case.
Birth injury lawsuits involve complex medical decisions. A successful claim requires a meticulous analysis of the medical records from your child’s birth and keen legal knowledge. Even a slight delay in ordering your delivery records can cause you to lose important evidence related to the case. Additionally, witnesses’ memories usually fade over time.
It is important to hire a veteran lawyer specializing in birth injury and medical malpractice cases to ensure that you case has the greatest likelihood of success. Our dedicated birth injury attorneys are ready to help take the weight of your suffering off of your shoulders. Call Allen & Scofield Injury Lawyers, LLC at (404) 419-6674 to begin the investigation process today.
Birth Injury Compensation in Atlanta
Birth trauma can cause mild to severe injuries to your baby. A baby might be able to fully recover if the trauma is mild. If the trauma is severe, your baby might suffer from disabilities or other serious medical conditions for their entire lifetime. According to AHRQ (Agency for Healthcare Research and Quality) statistics, nearly 50 percent of birth injuries can be potentially avoided if all of the obstetrical risk factors are identified and planned for prior to birth.
In some cases, the mother can also be injured by the medical providers’ negligence during birth. The medical costs required to care for a disabled person and the mental trauma caused as a result of the injury make it imperative for families to seek just compensation when the injuries are caused by the negligence by the physician or healthcare staff.
Types of Birth Injuries
Once you understand the type of birth injury your child suffered, you’re in a good position to identify the medical professionals and healthcare workers that may have caused the injury. A few birth injury examples include:
- Cerebral Palsy
Oxygen deprivation, physical trauma, and infections are common causes of cerebral palsy in babies. Cerebral palsy can affect the child’s body movements, cognitive functioning, and muscular control.
- Klumpke’s and Erb’s Palsy
These are two types of injuries related to the network of nerves that form the brachial plexus in your child’s shoulder region. Erb’s palsy is arm paralysis caused when the upper part of the brachial plexus nerves are damaged. Klumpke’s palsy is forearm and hand paralysis caused when the lower part of the brachial plexus nerves are injured.
- Cerebral Hypoxia
This condition is also known as anoxic or hypoxic encephalopathy. It’s caused when the child’s oxygen supply to the brain is obstructed or cut off.
- Cervical Dystonia
This condition occurs when there is trauma to the shoulder, neck, or head region. The muscles of the neck contract involuntarily and cause pain when the head and neck move.
- Meconium Aspiration
If to your child inhales amniotic fluid or meconium (feces) they can develop breathing problems. This condition typically occurs when there is oxygen deprivation during labor and at the time of delivery.
Thorough review of the medical records will typically reveal whether inappropriate supervision, misinterpretation, insufficient communication, or erroneous decisions caused your child’s birth injury.
Birth Injury Case Investigation
Identifying your child’s birth injury is no easy task. Many birth injuries go unnoticed for months or years. Sometimes birth injuries are misdiagnosed as other types of medical conditions, such as spinal cord injuries or neurologic disorders.
Your child may have a birth injury if they cannot move one of their limbs, if they have hearing or vision issues, if they have problems with their muscle tone, stiff or weak muscles or limbs, if they miss common milestones for their age, (i.e. not rolling over, smiling, standing, speaking), or, if they prefer one arm or hand over the other.
Due to our experience litigating medical negligence and birth injury cases for decades, we know that the following steps should be performed before any lawsuit is filed.
- All patient delivery records should be reviewed. These records help identify the treatment procedure and care received before, during, and after the child’s birth.
- Crucial witnesses should be identified and interviewed, if possible. These witnesses usually include medical professionals or bystanders who witnessed your child’s medical care.
- Medical experts should be consulted to ensure that there was a breach of the standard of medical care that caused your child’s injuries. Birth injury cases are difficult to prove without the expert opinions of medical professionals that have worked in the field.
Any skilled birth injury lawyer should evaluate the following factors before accepting your case:
- Extent of injury
- Type of injury
- Cause of injury
- When and how the injury occurred
Our birth injury attorneys will always investigate the above factors at the earliest possible opportunity.
Contact A Birth Injury Lawyer for Assistance with Your Case
If your child suffered from a fatal or serious birth injury, contact the experienced birth injury legal team with Allen & Scofield Injury Lawyers, LLC. We will do our best to recover the compensation you deserve for your present, future, and past medical expenses and other damages.
Our mission is to obtain the best result that we can for your child and family: justice, protection for your child, and the compensation your child deserves. Contact our team of dedicated birth injury lawyers in Atlanta at (404) 419-6674 or via our online contact form. We will provide a free consultation of your birth injury case.