Birth Injury Lawyer in Augusta, GA

By definition, medical negligence occurs when a hospital or practice staff member, a nurse, or a doctor provides a lower standard of care to a patient. You must be able to prove that the medical staff didn’t offer the standard level of care that was required of them, or didn’t follow their protocol for the given situation, to meet the criteria for a medical malpractice case.

Some examples of negligence causing a birth injury include the following:

• Vacuum Extractions – When an unborn baby experiences difficulty moving through the birth canal, some physicians choose to use a vacuum procedure. The unit is placed onto the infant’s head or shoulder and used to move the baby through the birth canal. Incorrectly using the vacuum can cause severe injury or even death.
• Delivery With Forceps – In other cases where an unborn infant has problems coming through the birth canal, physicians or other medical professionals sometimes choose to use forceps to aid in the delivery. Forceps used with excessive force can lead to debilitating injuries like Erb’s palsy or even cause death.
• Delayed Order for a Caesarian Section – Birth injuries can occur if the delivery nurse or physician does not realize that the mother necessitates an emergency cesarean section.
• Hypoxia – When a baby’s brain lacks oxygen, hypoxia can occur. If hypoxia isn’t treated quickly enough or properly, the baby could suffer permanent brain damage resulting in cerebral palsy or hypoxic-ischemic encephalopathy.

In addition to the causes mentioned above, there are several other causes of birth injuries. Some of these occur in a hospital setting, and some happen earlier in the pregnancy. Medical negligence is connected with each of the following:

• Improperly diagnosing and treating conditions in the patient
• Improper handling of medications
• Untreated or undiagnosed infection
• Not checking for proper positioning
• Insufficient prenatal testing

Your birth injury lawyer in Augusta, GA, will be able to help you determine the exact cause of the injury and build a strong case for your lawsuit.

Parents only have a small window of opportunity to file a claim regarding a birth injury. The parents will file a lawsuit on the child’s behalf in the case of a minor child or an infant. This limited window of opportunity is known as a statute of limitations. Once this time has passed, you will no longer be eligible to file a case, which is why it is imperative that you contact a birth injury lawyer immediately.

Georgia’s statute of limitations regarding medical malpractice cases is two years from the date of the child’s death or injury.

There are a couple of exceptions that could either extend or shorten this time limit:

• In situations where a child passes away as a result of a birth injury, a wrongful death lawsuit must be filed within two years of their passing.
• If a child was injured as a result of medical malpractice before their fifth birthday, the medical malpractice lawsuit for their injury must be brought before the child’s seventh birthday.

Some birth injuries are not immediately apparent, and it may be quite sometime before the effects are seen. For example, delays in long-term development steps may be the first sign that something is wrong as opposed to severe trauma being observed before or during delivery. If a parent is able to prove that, despite due diligence, the injury was not apparent until after the child’s seventh birthday, the court may allow for an extension of the filing deadline. This procedure is known as “tolling” the statute.

How Can a Birth Injury Lawyer in Augusta, GA Help

The lengthy legal process involved in a birth injury lawsuit can be quite complex. This is why it is crucial to have an experienced Augusta, GA birth injury lawyer by your side working for you so you can spend more time focusing on your baby’s recovery. If your child was injured during labor, our experienced attorneys at The Eichholz Law Firm are here for you.

Medical expenses for birth injuries can be quite costly. We work to help you get the financial compensation your family deserves with a birth injury lawsuit.