Pregnancy is a serious medical condition, and assisting in the birthing process requires great care. Unfortunately, negligent medical staff can lead to injury or death of mom or baby.
Every patient under the care of doctors and nurses has a right to a standard of care that is intended to protect them from negligence. However, errors still happen.
Types of birth injuries
The most common injuries occurring during birth are:
- Cerebral Palsy affects many infants. It can result in brain damage, muscle spasms, weakness, and permanent injuries.
- Fractured collarbones can occur during the birthing process.
- Spinal cord injuries can occur from the use of forceps and excessive force.
- Oxygen deprivation can cause several brain injuries, including seizures, perinatal asphyxia and cerebral palsy.
Most birth injuries occur to the baby. However, mothers can die or be seriously injured. When carelessness or medical error causes devasting harm, parents face the difficult decision of whether to seek justice by pursuing medical malpractice claims or not. Pursuing such claims may result in improvements in medical care that help prevent similar future injuries to others.
Statue of limitations
In Georgia, the statute of limitations to file a medical malpractice lawsuit is specific to the child’s age. Parents generally have two years from birth to file malpractice or wrongful death claims for birth injury. If an injury occurs in the first five years of life, parents have until the child turns seven to file. There are many exceptions to these general rules, so consulting a lawyer immediately is recommended.
Dealing with the aftermath of a birth injury is difficult for any parent, but an avenue for justice is available.