Attorney, Zeb Ogueri

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Birth Injury

Atlanta Birth Injury Lawyer

Georgia Birth Injury Attorney

Usually the birth of a child is a happy event for everyone in the family especially the mother but a happy event like the birth of a child can sometimes be painful. Negligence or failure to exercise proper care by the doctors, nurses and other hospital staff connected with the birth can result in the child suffering from birth injuries.

Doctors, nurses and hospital staff have a primary duty of care towards the patients and are expected to exercise a high degree of care and caution as they deal with the lives of patients. Doctors, nurses and hospital staff are all humans and like every other human being, they too can commit mistakes. But these mistakes however small can prove costly for the child. If the doctor and the hospital staff do not monitor or recognize the signs of fetal distress it can result in a birth injury. Doctors and hospital staff are expected to detect large babies and perform a C- section when necessary to ensure that the baby does not suffer from any birth injury due to its large size. The mother must be provided with proper post-natal follow-up care at the hospital. Some birth injuries can have serious consequences and its affects can last for the entire life of the child.

Parents whose child is suffering from a birth injury should contact an experienced personal injury attorney. You will have a claim for negligence against the doctors, nurses and hospital staff associated with the birth if they did something which they ought not to have done or when they don’t do something which they should have done in the circumstances. For example, if the doctor and the hospital staff choose not to do the C-section when a C-section is required under the circumstances, they will be held negligent.

It is difficult to prove liability in a birth injury lawsuit. The laws that determine the standard of care professional like doctors and nurses are held to are complex. Only an experienced personal injury lawyer has the skill and expertise required to interpret these complex laws.  You will have to hire expert witnesses to testify that the doctors and other hospital staff deviated from the prescribed procedures. You must prove that the birth injury can be directly attributed to this deviation by the doctors and other hospital staff.

Seek an appointment with an experienced personal injury lawyer if your child has suffered from a birth injury. The lawyer can review the circumstances of the injury and determine the liability and advice you on the different sources of compensation. Even the hospital can be made to pay compensation for the negligence of the doctor and hospital staff. There are two types of damages -special and general. Special damages are also known as economic damages and can be proved using receipts, invoices and bills. General damages less exact and includes subsequent sufferings, loss of wages, loss of the ability to lead a normal life, etc. There is no fixed formula to calculate the exact amount of general damages. The evidence before the jury will play a key role in the amount of general damages awarded.