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Understanding birth injury claims and key factors

Many parents have a natural inclination to protect their children, and during birth, parents trust their doctors to bring their children into the world healthy and well. But what happens when the doctor's actions cause a child harm?

If your child was injured during birth due to circumstances that could have been avoided, a birth injury claim may be an option. There are a few things you should understand about this type of claim.

Birth injury

Birth injury is a form of medical malpractice, where the child sustains injuries during birth due to the negligent acts of the delivery physician. Not all birth injuries qualify as claim worthy cases. In order for the incident to be malpractice, there has to be some form of negligence.

Medical negligence

Proving medical negligence is somewhat similar to other types of personal injury cases. In order for it to be negligent, the physician has to act in a way that does not align with common practices or procedures. There are various actions that count as medical negligence, such as:

  • Insufficient prenatal testing
  • Improper use of labor-inducing drugs or procedures
  • Forceps delivery
  • Improper diagnoses or treatment of birth complications
  • Vacuum extractions

These are just a few common negligent actions that can happen during birth. To prove such acts, it is important to gather relevant evidence, including medical records and eyewitness statements, to strengthen the case.

Statute of limitations

It is important to be aware of the statute of limitations, or the timeframe in which you have to file your claim. In Georgia, there is a two-year statute of limitations, unless the discovery of the injury occurs later. In such instances, parents have until the child is five years old to file a birth injury claim.

Medical malpractice is a serious accusation, and therefore, it requires a specific process to prove such cases. If you seek compensation for your child's injury, make sure you fully understand what the claim process entails.

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