Fulton County Birth Injury Lawyer
Birth injuries can inflict long-term and even permanent physical and cognitive impairments. When children are injured at birth, their symptoms may appear right away, while other times, these children may not exhibit signs that something is wrong until they are a few years old. If your child was injured during birth from a mistake made by the medical team, you should consult with a Fulton County birth injury lawyer. An experienced medical malpractice attorney could review your case with the aid of an in-house doctor to determine whether you may be entitled to damages. A lawyer could then fight tirelessly while utilizing cutting-edge presentation technology to achieve favorable results and win justice for you and your child.
What is the Deadline for Filing a Birth Injury Claim in Fulton County?
Georgia law has specific guidelines for when medical malpractice claims must be filed. Under O.C.G.A. § 9-3-71, the standard deadline for filing medical malpractice cases is two years from the date of the healthcare provider’s mistake. Georgia law also has a five-year statute of repose which bars people from filing a medical malpractice lawsuit if more than five years have transpired since the injury date.
Deadlines for Children Injured During Birth
When a minor child is injured, however, these statutory deadlines can be extended. Pursuant to O.C.G.A. § 9-3-73, if a child under the age of five sustains an injury due to medical malpractice, the two-year deadline would extend to his or her seventh birthday. Likewise, the five-year statute of repose can be prolonged until the child’s 10th birthday. A birth injury lawyer in Fulton County could explain the complex statutory deadline and the time limitations that apply to a victim’s specific claim and work in a timely manner to bring a claim against wrongdoers.
Common Types of Birth Injuries
Birth injuries can stem from medical negligence perpetrated during gestation, as well as during labor and delivery. Common birth injuries can include cerebral palsy, spinal cord injuries, Klumpke’s palsy, broken or fractured bones, Erb’s palsy, nerve damage, brain injuries, brachial plexus injuries, shoulder dystocia, soft tissue injuries, complications from jaundice, and internal bleeding. These injuries can occur due to improper fetal monitoring, incorrect use of delivery tools, failure to deliver via cesarean section when one is needed, or failure to recognize that the mother or child is in distress. A Fulton County attorney could evaluate the details of a child’s birth to help determine whether negligence on the part of the physician or medical staff was the reason for his or her injury.
How Does One Prove Medical Negligence?
It is important to emphasize that while medical errors can cause catastrophic injuries and losses, not every medical mistake is equal to negligence. Sometimes, a birth results in adverse outcomes despite every effort made by the medical team.
For a claim of medical negligence in a birth injury to hold up in court, the actions of the attending doctor, nurse, or other staff member must have fallen below the acceptable standard of care in the medical field. If a reasonably skilled healthcare professional would have acted differently given the same set of circumstances, the court may find the accused medical provider liable for the child’s injuries.
Call a Fulton County Birth Injury Attorney Today
A Fulton County birth injury lawyer who is familiar with the state’s medical malpractice laws could provide an honest and cost-free review of your case and eligibility to recover damages. If a medical provider’s negligence caused your child’s birth injury, you could be entitled to compensation for medical bills, pain, suffering, long-term healthcare expenses, and more.
Contact a Fulton County lawyer today to speak directly to a lawyer who takes calls after hours.
