Child Birth Injury in Georgia
There are few moments of joy in life to be compared to holding your newborn child for the first time. They come into the world, and suddenly everything becomes more real. They look at you with tiny hopeful eyes and grip your finger with tiny hands, and the rest of the world fades away.
Nothing can bring this moment crashing down like discovering that your newborn has sustained an injury due to the negligence or medical malpractice of the physicians in the room. If your child has sustained injuries, you may want to contact and engage the services of an experienced Georgia attorney.
What Causes a Childbirth Injury?
While enduring delivery, was a medical professional negligent towards you and did damage occur as a result? If so, affected parents have a chance of bringing a medical malpractice lawsuit for compensation in Georgia.
During the labor and delivery process, timing and action are two crucial elements. Sometimes an infant suffers a birth injury. This can mean that a medical practitioner either made a poor judgment call or failed to act appropriately. However, if the Georgia medical provider’s actions go against the standard of care, then it may fit the legal definition of negligence.
To prove birth injury, negligence must have a direct connection to the damage. One of the most unfortunate elements of childbirth injury is not discovering the effects right away. Some injuries are discernible immediately after they happen. However, things that affect the brain may not be evident until developmental milestones come, and are not reached.
According to the New York Times, Tiana Hill, a woman serving a prison sentence in Clayton County, Georgia, used the prison because her infant child died due to the alleged negligence of the doctors on staff. The suit alleges that the staff “declined and refused to provide” adequate prenatal care, which led to the wrongful death of her child. According to Alive 11, when Ms. Hill complained of pain, she was not sent to the infirmary, but rather was kept in a jail cell, effectively denying her medical treatment.
Even further, there are quite a few scenarios that may cause a child to sustain an injury while being born in Georgia. One of the following examples may apply to your circumstances.
Improper Vacuum Usage
Sometimes a mother has difficulties delivering a baby through the birth canal. Georgia medical professionals may intervene and use a vacuum to assist. The machine is a standard instrument that can help suction the baby down and out of the birth canal. The vacuum attaches to the baby’s head or shoulders. Nurses and doctors are responsible for placing it appropriately. However, sometimes the vacuum is not attached where it should be. This error can cause severe injury to the mother and the infant during childbirth.
Improper Use of Forceps
When a mother experiences complications during delivery, medical professionals may need to use additional methods to assist. For example, if the baby is improperly positioned in the womb, forceps can help guide the baby through the birth canal. When used correctly, forceps can reduce the risk of oxygen deprivation and lower the chances of fetal distress, preventing potential birth injuries.
However, using forceps requires precise care. Improper use can lead to severe head injuries for the baby and even nerve damage in the neck or chest. Medical professionals must handle this tool with the utmost caution to avoid serious harm.
Hypoxia
Hypoxia is a medical condition that occurs when the brain of a baby is not receiving enough oxygen. The most common cause before and during delivery is the umbilical cord becoming tangled around the baby’s neck.
This condition often occurs due to a damaged or infected placenta. Thankfully, most Georgia medical professionals can identify hypoxia well in advance. As a result, they can intercede to eliminate the chances of the infant or the mother facing harm.
However, if the professional medical staff does not take action quickly enough, asphyxiation may occur. This can result in causing a child to develop severe physical or mental disabilities. Accordingly, medical staff may be liable for any damages that happened.
Cesarean Section Delay
An emergency C-section may be necessary due to an infant’s fetal distress. This medical event occurs when the heartbeat of the infant drops because of the mother’s blood pressure. In addition, this condition can happen when there is a placental abruption or other breathing difficulties.
In truth, there are several reasons why a doctor may perform a C-section. For example, the baby could be in the wrong position or fail to descend into the birth canal. Another qualifying situation is when the mother has labored without dilation.
In these and other circumstances, the doctor may determine whether this procedure needs to happen. It may be the only way to safely birth the baby without further damage. But, the medical staff may wait too long to perform a cesarean. If so, the consequences for mother and child could be quite grave.
What Are Some Other Possible Causes of Childbirth Injury in Georgia?
Other types of medical neglect that could result in injuries to the child or the birth mother include:
- Failing to perform sufficient prenatal testing
- Not using labor-inducing drugs timely
- Failing to diagnose or treat infections, umbilical cord entrapment, placental abruption, premature rupture of the membranes or placenta previa
- Not addressing changes in the baby’s condition
Lack of Prenatal Care
The National Library of Medicine states that the lack of proper prenatal care, and the lack of exposure to this care from medical providers, can be devastating to a child. If proper prenatal care is not taught, offered, and observed, it can lead to a variety of problems. These can include premature births, low birth weight, infections for both mother and child and even death for the mother and child. Generally, deaths can be attributed to preventable infections during the perinatal and postnatal periods.
Neonatal Femur Fractures
Very Well Health states that a child’s femur can be fractured if the child is awkwardly grasped and pulled during the birthing process. This generally occurs when the leg is grabbed, twisted, and pulled when trying to remove the baby from the birth canal. Pain when the leg is moved is the general indicator of a fractured femur. If this occurs, the child is generally treated by wearing a Pavlik Harness.
Why Should You Take Action for Your Child Birth Injury?
It is essential that any parent whose child has been diagnosed with a birth injury in Georgia, take action to seek financial compensation. The most practical reason to pursue a childbirth injury lawsuit is to protect your financial future. A child and their mother may have to deal with a lifetime of setbacks and disabilities. The costs for treatment, medical equipment, and medications can overwhelm your budget quickly. As well, the trajectory of your life or your child’s can depend on pursuing civil action.
The Georgia Department of Public Health states that there were over 5,000 infant deaths in the four years between 2007 and 2011. However, Match of Dimes reports that there has been a slight drop of 4% in infant deaths as of 2019, resulting in 7 deaths per 1,000 live births.
Injury to your child is a nightmare scenario. But it may be in your best interest to engage the services of an experienced Georgia attorney if your child was injured in childbirth. He or she can help you navigate these processes and help enforce your child’s rights.
Work With an Experienced Local Child Birth Injury Lawyer in Georgia
If you expect birth injury medical malpractice in Georgia, you should take action. Cases can vary sharply depending on the state in which the injury occurs. Find a local child birth injury lawyer to navigate the often difficult waters of birth injury lawsuits. We can even help you connect with an attorney across Georgia state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.
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