Atlanta Labor & Delivery Negligence Attorney
The birth of a child is a joyous time for any family. Sadly, birth injuries that occur during the labor and delivery process can turn a happy time into one that is tragic. This change can also happen in a second. If you or your child has been harmed due to negligent medical staff during the labor and delivery process, you likely deserve compensation. Below, our Atlanta labor & delivery negligence attorney explains what this type of negligence is and what you need to prove when filing a claim.
What is Labor and Delivery Negligence?
Negligence during the labor and delivery process can cause harm to a baby or mother during or just before birth. When medical staff do not provide the proper standard of care, it can result in serious and permanent neurological damage for the newborn. Permanent damage can lead to cognitive, physical, and emotional challenges for the child for the rest of their lives. Some of the most common types of labor and delivery negligence include:
- Misuse of Pitocin
- Failing to properly monitor the baby during labor and delivery
- Failing to recognize or respond to bleeding, such as placental abruption
- Failing to recognize or manage a prolapsed umbilical cord or cord compression
- Failure to use assistive birthing devices, such as vacuum extractors or forceps, improperly
- Failure to order a C-section in a timely manner
- Failing to respond to fetal distress
- Failing to recognize or treat preeclampsia
How to Prove Labor and Delivery Negligence
If your child has been hurt by labor and delivery negligence, you have the right to take legal action to recover financial compensation for the cost of your child’s medical care and their suffering. To establish that a medical professional is liable for your baby’s injury, you must prove four important elements of your case. These are as follows:
- Duty: Proving duty generally requires you to show a patient-doctor relationship existed and that the medical professional owed you a high duty of care. Due to the fact that all medical professionals are held to a high duty of care, this element is generally fairly straightforward to prove.
- Breach of duty: You must show that the doctor breached the high standard of care by acting negligently. This generally requires you to obtain an affidavit from an expert in the same field as the negligent medical professional. The affidavit must confirm that the doctor or other healthcare professional did not provide the high standard of care.
- Damages: You must show that you or your child suffered damages, or losses.
- Causation: You must establish a direct link between the breach of duty, or negligence, and your child’s injuries or other losses.
Our Labor and Delivery Negligence Lawyer in Atlanta Can Prove Your Case
If you or your child has been harmed during the labor or delivery process, you need sound legal advice. At Carroll Law Firm, LLC, our Atlanta labor and delivery negligence lawyer can provide it and prove your case so you obtain the full and fair settlement you deserve. Call us now at 404-816-4555 or contact us online to schedule a complimentary consultation and to learn more.