Medical Malpractice Can Cause Birth Defects
Childbirth should be a joyous time for your family. You put your trust in your hospital, gynecologist, and medical team to deliver the newest member of your family. Then the worst thing a parent can imagine happened: you learned that your newborn suffered a birth defect, and even worse, that the defect was not genetic or destined to happen. Your trusted doctor caused it when he failed to use reasonable care, and his negligence caused you and your newborn irreparable harm.
When you and your child have been harmed by a doctor’s negligence, you deserve to be compensated. Our expert Georgia legal team is committed to working alongside you every step of the way during your case. Medical malpractice cases concerning birth defects can be complicated to understand. To ensure you know and understand your rights, we have put together some information that you may find helpful during this hardship.
What Is Malpractice?
Medical malpractice occurs when a medical professional acts unreasonably. This is otherwise known as negligence in the legal community. Your doctor, nurse, or other professional had a duty to you and your child. Your doctor breached that duty by failing to act in a way a reasonable professional in his position would have acted. His failure directly caused your child to suffer from a birth defect and sustain a personal injury, which may affect him for the rest of his life.
Who Can Commit Medical Malpractice?
In broad terms, any medical professional in Georgia can commit medical malpractice on a patient (mother or child). These include:
- Hospital staff
Types of Injuries
Medical malpractice-induced birth defects are typically caused by prenatal negligence. Examples include failure to diagnosis an infection, misdiagnosis, and failure to treat the mother’s high blood pressure or diabetes. Each error can affect a child in numerous ways. Below are some common injuries our Cobb County birth defect lawyers have seen during their careers:
- Cerebral Palsy
- Brain injury
- Fetal stroke
- Facial paralysis
- Erb’s Palsy (brachial plexus injury)
Types of Damages
If your child was injured due to the negligence of a medical professional, then you can bring a personal injury lawsuit on his behalf, which if successful, will pay for your child’s current and future medical expenses. Below are types of damages you can seek:
- General Damages: loss of future earning capacity, pain, and suffering, and loss of life enjoyment. These damages require expert reports.
- Special Damages: medical bills (current and future) and medical equipment necessary to function as a result of the injury.
- Punitive Damages: damages meant “punish” the negligent medical professional and serve as a deterrent for his peers.
You are not alone if your child has been injured due to a medical professional’s negligence. If you or a loved one has been injured and needs help with your medical malpractice case, call Williams Elleby at 833-LEGALGA for a free consultation.