Birth is a profoundly significant moment, often filled with excitement and hope. However, when something goes wrong during the birthing process, the consequences can be devastating. Birth injuries, which is harm suffered by a baby during or just after delivery, can range from minor, temporary issues to severe, lifelong disabilities. While some birth injuries are unavoidable, others are the result of medical negligence. Understanding the connection between birth injuries and medical negligence is crucial for expecting parents, healthcare providers, and legal professionals. If you believe your baby’s birth injury was as a result of medical malpractice, read on about how a medical malpractice lawyer servicing Savannah, GA can help. 

What Are Birth Injuries?

Birth injuries refer to physical harm sustained by an infant during labor or delivery. These birth injuries can include broken bones, nerve damage (such as Erb’s palsy), brain injuries due to lack of oxygen (hypoxic-ischemic encephalopathy), and intracranial hemorrhage. While many birth injuries heal over time, others may result in permanent disabilities, affecting a child’s ability to move, speak, or learn.

When Is It Medical Negligence?

Medical negligence occurs when a healthcare provider fails to deliver care that meets the accepted standard, leading to injury or harm. In the context of childbirth, negligence may involve poor decision-making, delays in treatment, misuse of delivery instruments, or failure to recognize distress in the mother or baby.

For a birth injury to be legally considered the result of negligence, several elements must be proven:

1. Duty of Care: The medical provider had a responsibility to care for the mother and baby.
2. Breach of Duty: The provider failed to meet the standard of care.
3. Causation: The breach directly caused the injury.
4. Damages: The injury resulted in significant harm or loss.

Common Examples of Medical Negligence in Birth Injuries

1. Failure to Monitor Fetal Distress
   Continuous fetal monitoring during labor is critical. If a baby shows signs of distress, such as an abnormal heart rate, medical staff must respond quickly. Delayed responses can lead to oxygen deprivation, potentially causing brain damage or cerebral palsy.
2. Improper Use of Forceps or Vacuum Extractors
   When a delivery needs assistance, tools like forceps or vacuum extractors may be used. Incorrect use can cause skull fractures, nerve damage, or intracranial bleeding.
3. Delayed Cesarean Section (C-Section)
   A timely C-section can prevent injury when labor isn’t progressing or when the baby is in a dangerous position. A delay in performing a necessary C-section may result in severe complications.
4. Medication Errors
   Administering the wrong medication, or incorrect dosages of drugs like Pitocin to induce labor, can lead to excessive contractions and distress, putting both mother and baby at risk.
5. Neglecting Maternal Health Conditions
   Conditions such as gestational diabetes, preeclampsia, or infections can increase the risk of complications. If a healthcare provider fails to monitor or treat these conditions properly, it can lead to preventable birth injuries.

The Impact of Birth Injuries

The effects of a birth injury due to negligence can be lifelong. Children may require extensive medical care, physical therapy, or special education services. Families often face emotional and financial strain, and the child’s quality of life may be significantly impacted.

Legal Recourse and Prevention

When a birth injury is suspected to result from medical negligence, parents may seek legal counsel to determine whether they have a valid malpractice claim. Compensation can help cover medical expenses, future care needs, and other associated costs.

On the preventative side, healthcare providers can reduce risks by adhering strictly to clinical guidelines, maintaining clear communication, and ensuring continuous education on best practices in obstetrics.

Call Cook & Tolley for your Birth Injury Case in Savannah, GA

While not all birth injuries are preventable, a significant portion may stem from medical negligence. Recognizing the signs of negligence and understanding the legal and medical aspects involved is essential for advocating for the rights and wellbeing of both mother and child. Ensuring accountability and improving care standards can help minimize future cases and protect families during one of life’s most critical moments.

If you or a loved one has suffered due to medical malpractice in Savannah, GA, including cases involving birth injuries, let Cook & Tolley fight for the justice you deserve. With decades of experience and a compassionate, client-focused approach, our team understands the devastating impact of medical negligence on families. We are dedicated to holding negligent healthcare providers accountable and securing fair compensation for your pain, suffering, and future needs. Contact us today to discuss your case!

Cook & Tolley, LLP
304 E Washington St
Athens, GA 30601
(706) 549-6111