Is a birth injury considered medical malpractice?

A birth injury can be considered a form of medical malpractice if it was caused by negligence. Proving can be very complex in many cases and may require legal assistance and representation from a personal injury attorney in Peachtree City. You and your lawyer will need to build a case that demonstrates the medical professional’s negligence.

When a Birth Injury Stems from Medical Negligence

Some injuries arise out of unforeseen complications. The OB/GYN might have done everything possible to reduce the risk and acted in a competent manner. If that’s the case, you aren’t likely to be successful in filing a claim for injuries.

However, some injuries are the result of negligent actions. For instance, using a medical device (such as vacuum extraction or forceps) incorrectly or delaying action or treatment in an emergency situation are all examples of negligent (in)action.

What you will need to prove that is that an acceptable and reasonable standard of care was not provided. Additionally, you must show that as a result, your child suffered a serious birth injury.

If the injury is minor and is expected to heal in a week, it likely isn’t worth pursuing. But a birth injury resulting from negligence that is disabling or life-threatening may require filing a claim to be compensated for the medical expenses and other damages you will be facing.

Jason Schultz: Personal Injury Attorney in Peachtree City

Medical malpractice can apply to any type of healthcare provider, including those involved in labor and delivery. To learn if you should proceed with your claim, contact the Law Offices of Jason Schultz at 404-474-0804 to discuss your child’s birth injury and other case details.

Jason R. Schultz
Connect with me
Jason R. Schultz is a Peachtree City Personal Injury Attorney Serving the Greater Atlanta Metro Area