Welcoming a child into the world should be one of life’s most joyous occasions. However, when negligence occurs during pregnancy or delivery, the dream can turn into a nightmare. Birth injuries can leave newborns with lifelong disabilities, robbing them of the bright future they deserve. As a parent, you feel devastated, angry, and overwhelmed with the immense challenges ahead.
At Libra Law Firm, we understand the profound pain and distress caused by birth injuries. Our compassionate Atlanta birth injury lawyers have witnessed the life-altering consequences firsthand. We’ve seen families grapple with the emotional turmoil, staggering medical expenses, and the daunting task of providing round-the-clock care for their injured child.
That’s why we’re here – to fight relentlessly for justice on your behalf. Our mission is to hold negligent medical professionals accountable and secure the compensation you need to give your child the best possible care and quality of life. Your consultation with Libra Law Firm is free, and you won’t have to pay us lawyer fees until we obtain compensation for you. Call us at (404) 800-4009 today.
Difference Between a Birth Defect and a Birth Injury
Most parents’ greatest wish is for their newborn child to be healthy. Unfortunately, this wish is not always possible, whether due to a birth injury or a birth defect. While these two terms sound similar, they have some key differences that can dictate the course of action you might be able to take.
What is a Birth Defect?
Birth defects occur while the baby is developing within the mother’s womb. These defects can come in various forms, affecting how the body looks, how the body works, or both. For example, a cleft lip would be a visible birth defect that is easy for others to see, whereas a heart defect would require special testing.
What are the Most Common Causes of Birth Defects?
Some of the most common causes of birth defects include:
- Genetics
- Exposure to certain medications or chemicals
- Infections during pregnancy
- Inadequate nutrition
That said, in most cases, the cause of birth defects is unknown. In rare cases, a medical provider may be responsible if they failed to provide proper prenatal care to the mother and child. More often, birth defects are beyond the control of healthcare providers.
What is a Birth Injury?
In contrast, a birth injury is harm or damage that an infant sustains during the mother’s pregnancy, labor, or delivery. These injuries can be anything from small bruises to severe conditions like brain damage, spinal cord injuries, cerebral palsy, and Erb’s palsy. Unlike birth defects, which occur during fetal development, birth injuries often result from medical negligence or complications during birth. Common causes include the improper use of birthing tools, failure to monitor the baby’s condition, delayed C-sections, and medication errors.
While birth defects generally do not lead to legal claims, birth injuries caused by negligent medical care may entitle parents to pursue a medical malpractice lawsuit.
If your child suffered a birth injury due to negligence, it is crucial to consult with an experienced Atlanta birth injury lawyer. We will thoroughly investigate your case, collect evidence, and help you pursue the compensation needed for medical expenses, long-term care, and other costs.
Common Types of Birth Injuries in Atlanta
Birth injuries cover a wide range of medical issues occurring immediately before or during delivery. Some common birth injuries leading to malpractice claims in Atlanta include:
Injuries from Surgical Tools
Doctors should only use forceps and other extraction tools when medically necessary, and with great care. Improper or excessive use can cause lacerations, skull fractures, or other severe injuries.
Cerebral Palsy
A common birth injury caused by oxygen deprivation or brain damage during delivery. Effects vary widely but often include muscle stiffness and coordination loss.
Brachial Plexus Injury
Damage to the nerves around the baby’s neck and shoulders caused by excessive force during delivery.
Hypoxic-Ischemic Encephalopathy (HIE)
Brain damage from insufficient oxygen leading to neurological problems like seizures and breathing difficulty.
Facial Nerve Injuries
Often caused by forceps, leading to facial paralysis, which may require surgery.
Fractures
Clavicle or other bone fractures, especially during difficult deliveries.
Intracranial Hemorrhage
Bleeding in the brain caused by ruptured blood vessels, sometimes linked to the use of instruments like forceps or vacuum extractors.
Birth Asphyxia
Oxygen deprivation leading to permanent brain and organ damage.
These injuries may be grounds for legal action if caused by medical negligence. Consult an Atlanta birth injury lawyer promptly if you suspect negligence.
Common Causes of Birth Injuries
Birth injuries often result from:
- Head trauma due to improper handling
- Excessive force during delivery
- Unskilled use of forceps or vacuum extractors
- Oxygen deprivation due to failure to monitor fetal distress
- Failure to identify or treat complications
- Miscalculation of fetal size and improper delivery planning
- Medication errors
- Failure to perform timely cesarean sections
If you believe negligence caused your child’s birth injury, consulting an experienced Atlanta lawyer is essential.
Determining Liability for Birth Injuries
Liability may lie with:
- Obstetricians, attending physicians, anesthesiologists, neonatologists, and other healthcare professionals
- Labor and delivery nurses
- Hospitals or birthing clinics (institutions)
- Pharmaceutical companies for harmful medications
- Medical device manufacturers for defective tools
- Third parties providing services to medical facilities
An experienced Atlanta birth injury attorney will help identify liable parties and build your case.
Proving Liability in a Birth Injury Claim
To succeed, you must prove:
- Duty of Care:Â A doctor-patient relationship existed.
- Breach of Standard of Care:Â Provider deviated from accepted medical practices.
- Causation:Â The breach directly caused the injury.
- Injury or Damages:Â Actual harm, such as medical costs, pain, emotional distress, or loss of future earnings.
Expert testimony is often needed to establish these elements.
Compassionate Advocacy, Relentless Pursuit of Justice
When you work with Libra Law Firm, you gain a dedicated ally fighting for your family’s rights. Led by Sultana Kelantan, our team leaves no stone unturned to secure the compensation required to provide your child with the best quality of life.
Holding Negligent Parties Accountable
We understand the challenges of pursuing medical malpractice claims and bring experience, strategy, and resources to confront major providers on your behalf.
Personalized Care and Support
We treat clients like family. From your free initial consultation, we listen carefully, explain the legal process in plain terms, and keep you informed as we manage all legal complexities. Our contingency fee policy means no legal fees unless we win compensation for you.
Frequently Asked Questions
What qualifies as a birth injury?
Birth injuries are damages sustained during pregnancy, labor, or delivery, ranging from bruises to severe brain or nerve damage.
How do I know if my child’s birth injury was caused by medical negligence?
A thorough investigation by attorneys and medical experts is essential to determine if negligence caused the injury.
What compensation can I recover?
You may recover medical expenses, therapy costs, educational needs, home modifications, pain and suffering, and loss of future earnings.
How long do I have to file a birth injury lawsuit?
In Georgia, statutes of limitation vary, so it’s vital to consult an Atlanta birth injury lawyer promptly to protect your rights.
Contact Libra Law Firm, Trusted Birth Injury Lawyers in Atlanta
If your family has been affected by a birth injury, you don’t have to face it alone. The experienced and compassionate team at Libra Law Firm is ready to fight for you. Call us at (404) 800-4009 to schedule your free, confidential consultation.
