Discovering that your child has suffered a birth injury is a moment filled with a mix of emotions—shock, fear, confusion, and a deep concern for your child’s future. As a parent, you may find yourself grappling with questions like: How did this happen? Will my child be okay? Will my child be able to live a normal life?
During such a difficult time, finding answers is crucial—not only for peace of mind but to ensure your child has the resources they need for their future medical care, therapy, and support. For families in Roswell, Georgia, experienced birth injury attorney Laura Brown is here to offer the specialized legal advice you need.
With a practice solely focused on birth injury cases, Laura has a deep understanding of the emotional and financial challenges families face, and she uses that knowledge to advocate for the rights of children who were injured due to medical negligence so they can live the fullest life possible, despite the obstacles ahead.
Contact Brown Trial Firm today to schedule a free consultation and let Laura guide you through your legal options so you can secure your child’s future.
Can birth injuries be prevented?
While not all birth injuries can be prevented, many can be avoided with proper medical care and timely interventions. By following standard medical protocols and closely monitoring mothers and babies during pregnancy, labor, and delivery, certain risks that lead to birth injuries can be minimized.
Here are a few ways birth injuries may be preventable:
- Timely interventions. In cases of prolonged labor, umbilical cord complications (e.g., umbilical cord prolapse), or emergency complications like placental abruption, health care providers must act swiftly and appropriately. Delayed responses or the misuse of tools like forceps or vacuum extractors can increase the risk of injury.
- Safe delivery practices. Proper training in labor and delivery techniques ensures that health care providers can make informed decisions about the most suitable delivery method, whether vaginal or cesarean, based on the health of both mother and baby. In cases where the baby is too large for a safe vaginal delivery (macrosomia) or the mother’s pelvis is too small (cephalopelvic disproportion), timely intervention, such as performing a C-section, is critical. Failure to act appropriately or the use of excessive force during delivery can result in serious injuries and even infant wrongful death.
- Proper prenatal care. Regular monitoring of the mother and baby throughout pregnancy can help OB-GYNs identify potential issues, such as maternal infections, high blood pressure, or gestational diabetes. Early detection of these conditions allows doctors to manage these risks and prevent them from leading to complications that could result in birth injuries.
- Fetal monitoring during labor. Consistent monitoring of the baby’s heart rate during labor is essential to identify signs of fetal distress. If the baby shows signs of oxygen deprivation or complications like placenta problems or fetal malposition (e.g., breech birth), medical staff should act quickly to intervene, potentially through a cesarean section (C-section) or other medical measures, to prevent brain damage or other injuries.
While some factors may be out of a doctor’s control, many birth injuries are the result of medical negligence or OB-GYN mistakes. If your child has suffered a birth injury, it’s important to understand whether it could have been prevented and whether medical professionals failed to provide the appropriate standard of care.
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What birth injuries most commonly result from a doctor’s mistake?
Some birth injuries are more commonly associated with a doctor’s mistake or medical negligence, often occurring when health care providers fail to act appropriately during critical moments of pregnancy, labor, or delivery.
Here are some of the most common birth injuries that can result from a doctor’s mistake:
- Hypoxic-ischemic encephalopathy (HIE). HIE is a type of infant brain damage that occurs when a baby’s brain is deprived of oxygen, which can result from delayed responses to fetal distress or failure to perform a timely C-section. If not properly managed before and immediately after birth with critical treatments like brain cooling therapy, this condition can cause long-term cognitive, developmental, and motor issues, including cerebral palsy.
- Cerebral palsy (CP). This neurological condition often results from oxygen deprivation during pregnancy, labor, or delivery. A doctor’s failure to respond to signs of fetal distress or newborn infection, delayed decision-making on a necessary C-section, or improper use of birthing tools can contribute to the development of CP.
- Spinal cord injuries. These injuries can result from excessive force or improper handling during delivery, particularly if the baby is in an abnormal position. Spinal cord injuries can lead to partial or complete paralysis, severely impacting the child’s quality of life.
- Facial paralysis. Facial injuries like Bell’s palsy occur when excessive pressure is applied to the baby’s face during delivery, often from the improper use of forceps. In severe cases, facial paralysis can be permanent, affecting functions like feeding, smiling, and blinking.
- Brachial plexus injuries. Injuries like Erb’s palsy and Klumpke’s palsy involve damage to the nerves controlling movement in the arm, shoulder, or hand. They often result from excessive force during delivery, particularly in cases of shoulder dystocia. If improperly handled, this can lead to permanent nerve damage and impaired movement or paralysis.
- Meconium aspiration syndrome (MAS). If a baby inhales meconium (the first stool) into the lungs during birth, it can cause severe respiratory distress. Medical negligence may be involved if a doctor fails to properly monitor or address fetal distress or does not clear the baby’s airways immediately after delivery.
- Brain bleeds. Bleeding inside the brain or in the space between the skull and scalp (known as cephalohematoma) can occur due to the improper use of forceps or vacuum extraction during delivery. While cephalohematoma may be able to heal on its own in time, it can increase the risk of complications like jaundice or anemia.
- Kernicterus. This condition occurs when jaundice is left untreated, leading to dangerously high levels of bilirubin in the blood. Kernicterus can cause permanent brain damage, resulting in hearing loss, cognitive impairments, and physical disabilities like cerebral palsy.
If you believe your child has suffered a birth injury due to a doctor’s mistake, seeking legal guidance is crucial. An attorney with experience handling birth injury cases can help determine whether medical negligence played a role in your child’s injury and guide you through the process of filing a birth injury claim.
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How do I know if my child’s birth injury was caused by medical malpractice?
Determining whether your child’s birth injury was caused by a doctor’s mistake can be challenging, especially since medical professionals may not be open about or willing to admit to errors. However, an experienced birth injury attorney can help investigate the circumstances and uncover whether medical negligence played a role.
Here’s how Roswell birth injury attorney Laura Brown can help determine and prove if a doctor’s mistake caused your child’s birth injury:
- Reviewing medical records. Laura will carefully examine your medical records, including prenatal care, labor, delivery, and post-delivery documentation, to identify any potential errors or lapses in care. This includes reviewing whether the medical team followed proper protocols and responded appropriately to signs of distress.
- Identifying signs of negligence. Laura looks for specific red flags, such as delayed C-sections, improper use of delivery tools, failure to monitor fetal distress, or not addressing complications like umbilical cord issues or cephalopelvic disproportion. These signs can indicate that the doctor, delivery room nurse, or other medical staff failed to provide the necessary care, leading to a birth injury.
- Consulting medical experts. Laura works with local medical experts who specialize in birth injuries in Roswell. These professionals can evaluate the medical records and provide expert opinions on whether the standard of care was met. Their testimony is often crucial in proving that a doctor’s mistake directly caused the injury.
- Establishing causation. To prove a doctor’s mistake caused the injury, it must be shown that their actions (or inactions) directly led to the harm. Laura can help link the mistake to the injury through medical evidence and expert testimony, demonstrating how the outcome could have been prevented with proper care.
Beyond proving negligence, Laura will also work to establish the full extent of the damages caused by the birth injury. This includes calculating the long-term costs of medical treatment, therapy, special education, and other expenses necessary for your child’s care. Laura will ensure that all damages—both economic and non-economic—are thoroughly documented to maximize the compensation your family deserves.
How do I find the best Roswell birth injury attorney near me?
To find the right birth injury attorney for your child’s claim, it’s crucial to look for an attorney with experience in birth injury cases, a strong track record of success, and a compassionate approach to working with families. You’ll want to choose someone who thoroughly understands both the medical and legal complexities of birth injury cases and is capable of fighting for the justice and compensation your family needs.
When researching attorneys, check their credentials and client reviews and ask about their case results in cases similar to yours. Schedule consultations to discuss your case and ensure the attorney is someone you feel comfortable with and confident in. An experienced attorney should provide clear guidance, answer your questions, and outline the best strategy for your case.
If you suspect your child’s birth injury was the result of a doctor’s mistake, experienced Roswell birth injury attorney Laura Brown can help. Laura’s entire practice is dedicated to birth injuries, so you can feel confident that she has the legal knowledge to thoroughly investigate your case and advocate for your child’s best interest. She works with families throughout Georgia and the U.S., including as a California HIE birth injury attorney and a Florida birth injury attorney.
Contact Brown Trial Firm today for a free consultation to begin exploring your legal options and securing your child’s financial future.
