While the birth of your child should be a memorable experience, it should not be one involving devastation. Unfortunately, birth injuries do sometimes happen. If they happened to your family, you’ll want to contact a Sandy Springs birth injuries lawyer for help.
If your baby and/or you were injured during the birthing process, you may be entitled to compensation. At John Foy & Associates, we can look at the details of what happened and determine if you have a legal case. With over 20 years of experience helping injured victims, we are here to listen with a trained and compassionate ear.
Examples of Birth Injuries that Can Happen in Sandy Springs
Modern medicine and prenatal care have, thankfully, greatly reduced how many serious birth injuries occur each year. That said, when a doctor or someone involved in the delivery process is negligent, the risk can go up.
Birth injuries can happen to both the baby and the mother. They are any injury that happens during pregnancy, labor, or just after. When birth injuries do happen, they can include conditions like:
- Nerve injuries and paralysis
- Bleeding in the brain
- Cerebral palsy
- Erb’s palsy
- Brain, kidneys, or other organ damage from loss of oxygen
- Broken bones
- Spinal cord injuries
- Shoulder dystocia
- Untreated preeclampsia
- Strangulation from the umbilical cord
- Cephalohematoma, which may lead to jaundice, anemia, or infection
If your baby was born with any birth injuries, there’s likely more to the story. A birth injuries lawyer in Sandy Spring can investigate and determine who was at fault. They can also calculate the value of your damages and begin pursuing the recovery you deserve.
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What to Do if You Suffered a Birth Injury in Sandy Springs
The best thing you can do after a birth injury happens is talk to a legal professional about the facts. While a birth injury does not automatically mean medical malpractice was at play, there’s always a chance that something could have been prevented. A thorough investigation with a legal eye is key.
Birth injuries may be caused by factors like:
- Untreated infections in the mother
- Failing to notice changes in the baby’s or mother’s condition
- Not recognizing or foreseeing medical risk factors
- Neglecting to perform or delaying a C-section
- Using forceps or other tools during the delivery incorrectly
- Not bringing a specialist for help
- Failing to address a complication during labor or delivery
- Babies weighing over eight pounds and 13 ounces, or born before 37 weeks
Your birth injuries lawyer can get to the bottom of what happened before, during, and after birth to see what caused you or your child to get hurt. There are some things you can do to help this process, like:
- Take pictures of your newborn’s injuries after birth.
- Keep detailed notes on how the birth injury has affected you, your child, and your family.
- Save copies of all medical records, medication receipts, and other costs that you have faced since the birth injury happened.
Filing a Claim for Damages After a Birth Injury
In Georgia, injured parties have a right to seek financial recovery if they were injured because of negligence. Medical professionals have a legal and medical duty to “do no harm.” While many doctors are careful to follow all protocols, they are humans who can make mistakes, too.
If you suspect someone was negligent in the birth process that led to your birth injury, it’s time to speak with a Sandy Springs birth injuries lawyer right away. A lawyer is the best person to determine whether you have a case. If you have a case, you can file a personal injury claim to seek compensation for your damages.
Your claim will be filed with the at-fault party’s insurance company. The details will depend on the negligent party. If you cannot get a settlement through an insurance claim, you may need to sue.
Types of Damages You Can Claim After a Birth Injury
There are three main types of damages you can claim after a birth injury:
- Medical costs
- Lost wages and
- Pain and suffering
Medical costs will include past, current, and future treatment. Some babies who are injured during birth will need treatment or additional support for many years, if not the rest of their lives. Mothers are also eligible to receive compensation for wages or earning capacity that was lost because of the birth injury.
Pain and suffering damages are non-economic damages that refer to the physical and emotional suffering you experience because of the birth injury. Since birth injuries can impact a baby’s entire life (and their family’s life), these types of damages are very common in this type of case. If a death results from a birth injury, the family can typically file a wrongful death claim for damages, as well.
If both you and your baby were injured during the birth process (or you lost a child tragically after a birth injury), you may be able to file two separate claims for compensation. A birth injury lawyer can help you know what is best to do for your situation.
A Birth Injury Attorney in Sandy Springs Can Help You Protect Yourself
Hospital administrators are quick to try to reduce their legal liability when they know they’ve made a mistake. If you believe you or your child have been hurt, you have the right to tell the hospital that you wish to speak with a lawyer about what happened.
An unscrupulous hospital may try to present you with documents that waive your right to a trial or to hold people accountable. After you’ve been made aware of an injury, don’t wait. Contact a birth injury lawyer immediately for advice before you get trapped in a bad agreement to settle the matter.
A Sandy Springs Birth Injury Attorney Can Handle Your Burden of Proof
Unlike something simple like a car accident, any personal injury case involving medicine is tricky. Medicine is not a perfect science and there is no way to prevent every kind of injury or death during a birth.
However, there are standards of care that doctors and other medical professionals must adhere to. When we look for evidence of neglect, one thing we examine is if these duties were breached. If they have been, then you have a case for pursuing a birth injury claim.
Sometimes we may call in another doctor as an expert witness to explain why some action your doctor did or didn’t do was wrong and lead to your child’s injury. Our firm will leave no resource untapped to find out the truth of what happened and get you the compensation you deserve.
Speak with a Sandy Springs Birth Injuries Lawyer for Free Today
At John Foy & Associates, we are here to support families who have suffered an injury or loss during birth. Our attorneys want to make this process as free of stress and worry as possible, as we know you’re already dealing with enough. That’s why we do not charge you a single dime unless we win you money – and the consultation is always FREE.
Reach out to us today for your free consultation. We’ll get to know your situation, answer any questions you have, and begin building a plan for you. There is no risk or obligation to you, and you won’t have to pay us unless you win. Learn more by calling us or contacting us online today.