Augusta Birth Injury Lawyer
A birth injury can be devastating for families and their newborns, as these injuries often permanently alter the lives of both mother and child. Any seasoned Augusta birth injury lawyer understands that facing a birth injury is incredibly sensitive and personal.
When one is caused by negligent medical care, though, the doctors, nurses, and other healthcare professionals involved should be held liable. Fortunately, this is where a qualified personal injury attorney could step in to help.
Malpractice During Childbirth
A birth injury can occur for a variety of reasons, but some of the most common causes that may constitute legal negligence include:
- Head trauma during delivery,
- Delayed delivery,
- Forcible delivery,
- Oxygen deprivation,
- Infection, or
- Delay in ordering a cesarean section.
While certain injuries during the traumatic process of childbirth may be unavoidable, it is important to evaluate whether a birth injury was caused by or exacerbated by medical malpractice. In practice, this means determining whether the doctors, nurses, and/or midwives followed all appropriate standards, and followed appropriate procedures. An experienced Augusta birth injury attorney could determine what another medical professional should or may have done in a similar situation and then, if warranted, proceed to file a claim.
The Unique Aspects of Recovering Compensation for Birth Injury Cases
Under O.C.G.A. §51-1-27, a mother, her child, and the child’s family may be entitled to compensation for a birth injury that is the result of negligence by a doctor. However, birth injury cases have a unique aspect to them, in that they often require examining the impact a birth injury has on the child and the family’s future.
Birth injuries may cause severe complications and delays later in life, and affected children may require ongoing medical care such as physical therapy, speech therapy, and occupational therapy. In addition, a child injured at birth may require the use of assistive devices such as wheelchairs, walkers, or braces.
These types of economic damages are easily quantifiable and could be readily demonstrated for a jury using state-of-the-art courtroom technology. To prove a birth injury and to prove the impact of that injury, a medical expert should also be called upon to give invaluable insight into a victim’s specific claim.
It is crucial in any birth injury case to carefully and diligently assess what the impact of a birth injury is so that a child and family may be properly compensated. With the help of a birth injury lawyer in Augusta, this could be done comprehensively and efficiently.
Punitive Damages in Birth Injury Cases
In certain situations, a civil court may elect to pursue punitive damages against a wrongdoer. These damages are meant to discourage anyone from ever repeating that wrongdoer’s egregious act.
In some cases, the state of Georgia provides exceptions to punitive damage caps of $250,000. However, it is ultimately up to the court to decide if this punishment is warranted because a person acted with a willful and wonton disregard for the duty he or she owed to a victim.
Let an Augusta Birth Injury Attorney Provide Assistance
If your baby has suffered a birth injury, an Augusta birth injury lawyer could be prepared to help you and your family through this difficult time. Experienced attorneys understand the impact a birth injury can have and could diligently, aggressively, and professionally pursue compensation on your behalf. When you are ready for your free case review, reach out to an attorney that takes round-the-clock calls and speaks directly with you.
