Giving birth is a momentous and exciting event, but it also involves a significant amount of risk for both the mother and child. Unfortunately, birth injuries can and do occur, and when they do, it’s important to know who is responsible for the resulting damages. In the state of Georgia, liability for birth injuries can be complex, but here’s a general overview of who may be held liable.
Medical Professionals
In most cases, medical professionals who attend the birth, such as doctors, nurses, and midwives, can be held liable for birth injuries that occur during labor and delivery. These professionals have a duty of care to their patients and must take reasonable steps to prevent injuries from occurring. If they fail to do so and a birth injury results, they may be held accountable for damages.
Hospitals
Hospitals can also be held liable for birth injuries that occur on their premises. Like medical professionals, hospitals have a duty of care to their patients and must ensure that their staff is properly trained and equipped to handle complicated deliveries. If a hospital fails to provide adequate care or has inadequate policies and procedures in place, it may be held responsible for any resulting injuries.
Pharmaceutical Companies
In some cases, birth injuries may be the result of medication or medical devices that were administered during labor and delivery. When this occurs, the manufacturer of the drug or device may be held liable for damages. For example, if a drug that was given to the mother causes harm to the baby, the pharmaceutical company may be held responsible.
Parents
In rare cases, parents may be held liable for birth injuries if they acted negligently or recklessly during pregnancy. For example, if a mother consumes alcohol or drugs during pregnancy and the child is born with birth defects as a result, she may be held responsible for damages.
What to Do if You Suspect Birth Injury
If you suspect that your child has suffered a birth injury, it’s important to seek medical attention right away. You should also consider consulting with an experienced personal injury attorney who can help you understand your legal options and determine who may be held liable for your child’s injuries.
In Georgia, the statute of limitations for birth injury cases is generally two years from the date of the injury. This means that you must file a lawsuit within two years of the injury, or you may lose your right to pursue compensation.
It’s also important to note that birth injury cases can be complex and require a thorough investigation to determine liability. Medical records, witness statements, and expert testimony may all be necessary to build a strong case.
In Georgia, the damages that may be awarded in a birth injury case can include compensation for medical expenses, lost wages, pain and suffering, and more. However, it’s important to keep in mind that there are caps on non-economic damages in Georgia, which means that there is a limit to the amount of money that can be awarded for things like pain and suffering.
If you suspect that your child has suffered a birth injury, don’t hesitate to seek legal advice. An experienced attorney can help you navigate the legal process and fight for the compensation your family deserves. They can also help you understand your options for pursuing compensation through a settlement or trial.
In addition to seeking legal advice, it’s also important to seek medical attention for your child’s injuries as soon as possible. Early intervention and treatment can help mitigate the long-term effects of birth injuries and improve your child’s quality of life.
Determining liability for birth injuries in Georgia can be complex, and it’s important to seek legal advice if you suspect that your child has suffered a birth injury. Medical professionals, hospitals, pharmaceutical companies, and even parents may be held responsible under certain circumstances, and an experienced personal injury attorney can help you navigate the legal process and fight for the compensation your family deserves.
The Keenan Law Firm is a personal injury law firm in Georgia with decades of experience in handling birth injury cases. Our attorneys have a deep understanding of the legal and medical issues involved in these cases, and we have a track record of successfully helping families recover compensation for the damages they’ve suffered.
If you suspect that your child has suffered a birth injury, our attorneys can help you understand your legal options and determine who may be held liable for your child’s injuries. We will conduct a thorough investigation, gather evidence, and work with medical experts to build a strong case on your behalf.
Our attorneys are experienced negotiators and litigators, and we will fight tirelessly to ensure that you receive the compensation you deserve. We understand that birth injuries can be devastating, and we are committed to helping families get the support and resources they need to care for their children.
In addition to handling birth injury cases, the Keenan Law Firm also has extensive experience in medical malpractice cases, which can often be closely related to birth injury cases. We are committed to holding medical professionals and institutions accountable for their actions and ensuring that our clients receive the justice they deserve.
If you’re seeking legal advice for a birth injury case in Georgia, don’t hesitate to contact the Keenan Law Firm. Our attorneys will provide a free, no-obligation consultation to help you understand your legal rights and options.