Cobb County Birth Injury Lawyer
For expectant parents, the day their baby is finally born may be one of the most memorable days of their lives. But when injuries are caused during the delivery process that may alter your – and your child’s – lives forever, you may need to focus more on the costs of medical care than on welcoming a new member the family. However, a Cobb County birth injury lawyer could help by examining the facts around your case and potentially working to develop a strategic legal plan of action.
When your baby is injured during his or her birth, it is often an extremely difficult and emotional time. As you focus on your family, a compassionate medical malpractice lawyer could help you establish liability and potentially recover compensation which may help address current and long-term needs.
Typical Types of Birth Injuries
Decisions made by the physician, nurses, and other medical staff during delivery may result in mild to severe birth injuries to the newborn. Among the most common birth injuries are:
- Fractures;
- Shoulder dystocia;
- Cerebral palsy;
- Paralysis;
- Nerve damage;
- Oxygen deprivation;
- Seizures; and
- Brain injuries.
While some of these injuries may heal and not cause permanent disabilities, others could result in conditions that commonly require a lifetime of expensive care. In those cases, a Cobb County birth injury lawyer could help families seek damages to cover the enormous medical costs they will face.
Available Compensation in Cobb County Cases
In a negligence case, a plaintiff may sue to recover both economic damages, such as medical expenses, and noneconomic damages. In a birth injury case, economic damages may be extensive and include the child’s current and future needs, ongoing treatment and interventions such as medical procedures, speech and physical therapy, and home care.
In Georgia, there typically is no limit on the amount of compensatory damages that may be awarded to medical malpractice plaintiffs. A Cobb County birth injury lawyer could help a family position their case to recover the financial resources necessary to care for the child now and in the future.
Proving a Doctor Did Not Meet Their Standard of Care
When a baby suffers an injury during the delivery process because of the negligence of the doctor, nurses, other delivery personnel, or the facility itself, a plaintiff typically must prove that the defendant or defendants failed to exercise the prevailing standard of care, either by their action or inaction. The standard of care means the way a medical professional with similar training and experience would have acted in the same or similar circumstances.
A cause of action for negligence may arise from a variety of actions, including:
- The use of forceps or vacuum extractors;
- Delay in performing a C-section;
- Improper medication administration; and
- Failure to identify and address complications in a timely manner.
When bringing an action for malpractice, a plaintiff generally must file with the complaint an affidavit of an expert that states at least one negligent act or omission of the defendant. We have an in-house doctor who could review the facts of your case to determine whether a doctor’s negligence caused the injury. This type of support from a medical expert could substantially help a person’s case succeed in court.
A Cobb County Birth Injury Attorney Can be an Advocate
When your hope turns into heartbreak, an experienced Cobb County birth injury lawyer could help you pursue a claim for the damages – and justice – you deserve. The statute of limitations for medical malpractice cases, is generally two years, but in birth injury cases, could be extended until the child reaches 7 years of age. Call today to speak to a dedicated team about your birth injury case.
