Marietta Birth Injury Lawyer
The birth of a child is an exciting time, but it can also be a potentially dangerous one. Even under the best of circumstances, childbirth is a major medical procedure that requires expertise from doctors and nurses to prevent injuries and deal with complications.
Birth can be dangerous not just for the mother, but also for the child. Issues may arise while in the womb or during birth that can place a child’s life in jeopardy. Medical conditions that range from minor injuries to life-long disabilities—or even death—may occur. On occasion, these injuries are the result of preventable errors by medical personnel, which a personal injury attorney could respond to with a settlement demand made on an injured mother and child’s behalf.
An experienced medical malpractice attorney could help parents and family members investigate and pursue instances of birth injuries that Marietta birth injury lawyer has had a negative impact on the lives of their children. In some cases, this compensation could be designed to provide payments for the rest of the child’s life.
Birth Injuries That Could Lead to Malpractice Claims
Birth injuries can typically happen in one of two ways. The first is when the child develops an injury or condition while still in the womb. Here, the attending doctors and nurses have a duty to properly identify the problem and solve it within reasonable means prior to birth. In some cases, fixing such a problem is impossible, and the birthing process must simply account for this condition. In either event, doctors must identify the issue and plan to address it.
Birth injuries can also result from complications during the birth itself. These complications are, by their nature, unexpected. As a result, doctors should remain vigilant and be well trained to deal with any sort of problem that may arise.
Common examples of birth injuries include:
- Poor fetal development
- Cerebral palsy
- Clubfoot
- A lack of oxygen from a constricted umbilical cord
- Dislocated joints
- Congenital heart conditions
Any of these conditions may be the result of poor medical care. When this is the case, the healthcare professionals responsible for providing that care may have committed malpractice, and a Marietta birth injury lawyer could help affected families seek compensation for resulting damages.
The Legal Standard of Malpractice in Georgia
Medical malpractice claims are among the most complicated civil cases seen in Georgia’s courts. This is because the case must by law involve the testimony of a medical expert to support the plaintiff’s case. A Marietta birth injury lawyer cannot even make allegations of medical malpractice without first consulting with this expert.
O.C.G.A. §9-11-9.1 states that all plaintiffs must submit, along with their complaint, an affidavit completed by such an expert to the court and the defendant doctor. This affidavit must outline the medical evidence for malpractice from a scientific perspective.
Specifically, this expert must be able to demonstrate that the care provided by the defendant doctor fell below the acceptable standard of care. The “acceptable level” is defined by O.C.G.A. §51-1-27, which states that all medical professionals must practice their craft to an acceptable level of care and skill consistent with their current situation.
The standard of care is a national standard and does not vary by locality. While the expert witness may state why they believe that malpractice occurred, it is ultimately the job of the jury to decide if the doctor is liable for any resulting injuries.
How a Marietta Birth Injury Attorney Could Help Families
Few events in a person’s life can be as heartbreaking as learning that a child was born with a birth injury, especially if that injury could have been avoided with proper care. While many of these injuries are correctable and the child can live a mostly normal life, others may have a permanent effect on the child’s future. A civil injury claim against the healthcare professional responsible for the injury may provide essential financial restitution to parents, as well as at least some degree of peace and mind.
These cases are usually intensive civil lawsuits that involve deep research and connections in Georgia’s medical community. A Marietta birth injury lawyer may be able to provide the necessary tools and guidance to help you hold negligent medical providers responsible for their actions. Take a step towards providing for your child’s future and contact a local attorney today to see what they could do for you.
