Filing a Birth Injury Lawsuit in Georgia: Steps and Legal Considerations

Understanding Birth Injuries

Birth injuries refer to any damages a newborn sustains during childbirth due to medical malpractice or negligence. These injuries can range from minor, temporary issues to severe, life-long conditions that can drastically impact a child’s quality of life.

Examples of common birth injuries include:

• Cerebral Palsy: This condition often results from a lack of oxygen to the baby’s brain during delivery, often due to negligence in monitoring fetal heart rate.
• Brachial Plexus Injury (Erb’s Palsy): This injury occurs when the baby’s neck is stretched to the side during a difficult delivery, damaging the nerves.
• Intracranial Hemorrhage: This type of brain bleed can occur due to traumatic delivery methods, such as forceps or vacuum extraction.
• Shoulder Dystocia: This occurs when the baby’s shoulders get stuck in the mother’s pelvic bone during delivery. If not handled correctly, it can lead to a series of complications, including nerve damage and oxygen deprivation.
• Spinal Cord Injuries: These injuries can result from medical negligence during childbirth, such as excessive force exerted during delivery or incorrect use of delivery instruments. Such injuries may lead to lifelong paralysis or other severe neurological issues.

Determining If You Have Grounds for a Lawsuit

Determining whether you have grounds for a birth injury lawsuit can be complex. Generally, if the injury was preventable or if it occurred due to a healthcare professional’s negligence, there could be grounds for a lawsuit.

Examples of negligence in a birth injury case might include:

• Failure to Monitor: This could involve not correctly tracking the baby’s condition during pregnancy and labor, neglecting signs of distress, or failing to monitor vital signs accurately.
• Incorrect Use of Birthing Tools: The misuse of tools such as forceps or vacuum extractors during delivery can cause severe injuries. These tools should only be used by well-trained professionals and with extreme care.
• Delay in Performing Necessary Medical Procedures: If there is a delay in carrying out necessary interventions such as a cesarean section (C-section) when the baby is showing signs of distress, this could be considered negligence.
• Poor Communication: Lack of clear and effective communication between medical team members leads to preventable errors.
• Inadequate Training or Skills: If a healthcare provider lacks the necessary skills or training to handle a birth properly and safely, this can result in injuries due to negligence.
• Failure to Diagnose and Treat Infections: Infections in the mother that are not diagnosed and treated appropriately can lead to complications during childbirth, causing potential harm to the baby.
• Inadequate Prenatal Care: Failure to identify potential risks or complications during pregnancy can lead to preventable birth injuries. This includes not conducting necessary tests or misinterpreting test results.

Step One: Consult an Attorney

Remembering that every case is unique and involves intricate legal considerations is vital. This is why consulting with an attorney highly experienced in birth injury cases is strongly recommended. They can help you navigate through this overwhelming process, understand your legal options, and determine whether you have a viable claim.

Moreover, if a lawsuit is appropriate, they can guide you through each step of the legal process, ensuring your rights are protected and that you aim for the best possible outcome for your child and your family.

What Happens If I Choose to File a Lawsuit?

There are many steps you will need to take if you have decided to move forward with filing a birth injury lawsuit. The first one is to, with the help of your attorney, gather evidence in support of your claim. This could include prenatal records, delivery room records, postnatal records, and other medical documents relevant to the case.

After you have collected your evidence and you and your attorney have prepared your claim, you must file your complaint. Your complaint will include your allegations against the defendant(s), an explanation of how their negligence resulted in the birth injury your child sustained and the recompense you seek.

After filing the complaint, the defendant will be formally served. The defendant will then have the opportunity to respond to the complaint. From there, you can move into the discovery process, where your legal team and the defendant’s will exchange information about the case. The discovery process may include depositions, interrogatories, and the production of documents.

Depending on the specifics of your case, you will likely move into settlement negotiations before your case goes to trial. If you decide to accept an offered settlement, there will be no need to litigate your case in court. However, if you cannot reach an agreement during settlement negotiations, you will proceed to trial, where evidence will be presented and the court will decide.

Please note that medical malpractice lawsuits, including birth injury cases, must be filed within a certain time limit known as a statute of limitations. In Georgia, this limit is typically two years from the date of the injury. However, there can be exceptions, so it’s essential to consult an attorney to understand the specific timeframes applicable to your case.

Do you have questions about filing a birth injury lawsuit in Georgia? Reach out to The Tolson Firm, LLC for guidance.