Can I File a Medical Malpractice Lawsuit Because of a Birth Injury?

Having a child is supposed to be one of the most memorable and precious experiences in the life of a young couple. However, during childbirth, there are many things that can go wrong. In some instances, these complications arise from medical malpractice and negligence on the part of a health care provider. These injuries can occur not only during the birthing process, but also in the time leading up to the baby’s delivery. Some common birth injuries and complications that are often the result of medical negligence include the following:

  • Erb’s Palsy (also sometimes known as Brachial Plexus Palsy)
  • Cerebral Palsy
  • Brain damage that results from oxygen deprivation (also known as hypoxia) and which may be caused by strangulation or compression of the umbilical cord
  • Nerve damage
  • Bone damage, including skull fractures
  • Brain swelling or hemorrhaging

In addition, complications during the birthing and delivery processes can lead to a delay in various developmental milestones and other serious problems that could impact the child for the remainder of his or her life. All of these potential damages are legally compensable.

A medical malpractice claim that is based upon a birth injury can be filed with the insurance company for the at-fault health care provider. The case could then settle, or the injured patient could file a lawsuit against the negligent health care provider pursuing monetary compensation and damages.

Talk to a Georgia Medical Malpractice Lawyer Today

The knowledgeable legal team at The McLendon Law Firm is ready to help you pursue monetary compensation for a birth injury that your child sustained due to medical negligence or malpractice. For a free case evaluation and legal consultation with a knowledgeable Georgia medical malpractice attorney, please give us a call at 877-ROB-WINS or contact us online for more information about how we can help.


Medical Malpractice FAQ

How Do You Prove Medical Malpractice?

An independent health care provider will need to demonstrate, to a reasonable degree of medical certainty, that the delivery room doctor, OB/GYN, or other provider did something wrong in the birthing or delivery processes.

Will my Claim Settle or do I Need to File a Lawsuit?

If the negligent health care provider’s insurance company refuses to offer favorable compensation, your attorney could file a lawsuit on your behalf seeking monetary damages.

What Potential Damages Can I Recover?

Potential damages depend upon the extent of the injuries to your child. In some instances, you could pursue compensation for a lifetime of medical care and treatment for your child.

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