Question

How Do I Know If My Baby Suffered Brain Damage During Birth At A Georgia Hospital?

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Nelson O. Tyrone, III - Personal Injury - Medical Malpractice - Super Lawyers

Answered by: Nelson O. Tyrone, III

Located in Atlanta, GATyrone Law Firm

Atlanta, GA
Phone: 404-692-6867
Fax: 404-249-6764

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Answer

In my years of experience working with birth injuries and the family involved in them, I find that the parents always know that something is wrong. If your baby has any of the warning signs listed below, is missing normal childhood milestones or needed any special care before, during or after birth – you need to have your child’s medical records and case reviewed.

The days leading up to a complicated birth or having a child in the NICU is an extremely stressful time for your family. Most parents are just trying to do anything they can to keep their baby healthy during these tense days before or after birth. Doctors may be performing many tests or procedures to keep your baby alive – focus on that and being with your baby.

Once your child is stable and you are out of the hospital, if you have a nagging suspicion that something different should have been done or not done, you need to have the case investigated.

Pay Careful Attention To These Signs

There are many warning signs that your newborn baby has a severe birth or brain injury. These symptoms may include:

  • Multisystem organ failure that required treatment during or after birth
  • Low APGAR scores, which involves a one out of 10 rating for a baby’s heart rate, respiratory function, muscle tone, response to specific stimulation and the color tinge of their skin
  • Development delays or missing common “milestones” as your baby grows
  • Less physically responsive to noise, light or your presence
  • Excessive crying
  • Seizures within the first 24 hours after birth

Additionally, specific medical procedures can alert you to an issue. If the medical staff seems overly concerned, used hypothermic cooling to slow down an injury or any unusual tests are being done, you need to start asking questions.

Generally, parents know there was, or is, a problem from one of these signs or procedures occurring. From that point, the big questions that parents and our firm ask are: what caused this problem? Most importantly, was this problem preventable?

What To Expect If You Want To Pursue A Case

The truth of all birth injury cases is they are just too complex for parents to handle by themselves. These cases take a combination of doctors, specialists, ethics boards, hospital administration, medical investigators and lawyers to sort out. The process can be long, costly and emotionally stressful for families, so it is not an undertaking a family should face on their own.

Also, bringing up your medical malpractice or birth injury concerns at the hospital or to the doctor won’t do any good. Parents cannot expect to get an honest, detailed answer that provides a clear understanding of what may have gone wrong. It takes both lawyers and neutral third-party medical professionals looking at the case to know if someone is at fault.

How We Investigate Your Case

There are two primary indicators we use to determine if you have a personal injury and medical malpractice case regarding birth injury:

  1. Your child’s condition at birth: Our investigators will review records and testimony for how your baby presented at birth and its overall health during delivery. This includes the APGAR scale, acid levels in the blood, whether your baby was resuscitated at any point or had seizures in the hours following birth.
  2. Records and evidence: We will review all imaging, CTs and MRIs taken in the days leading up to the birth or right after. This gives us an understanding of any possible injury and what caused it. It can help us to know if there was a lack of oxygenated blood during delivery, if the situation was preventable or if something else was the cause.

The “something else” can be a variety of things. Some conditions are genetic, but the parents are not aware of their existence. Some infections can happen even with the best medical care if there are underlying medical conditions. Tests and imaging can also tell us roughly when the injury occurred. Was it in the weeks or the days before birth? Just after birth? Did the problem happen weeks after the child was at home?

There Is No Fee And No Risk To Having Your Case Reviewed

No family could afford the time, personnel and medical experts needed to evaluate these types of situations. Moreover, you should not have to pay for the mistakes of a doctor whom you trusted. I take on case evaluations for free and will consult with my team of experts and the doctors involved in your injury situation. Then I can tell you if there is a case, how the process will proceed and the type of compensation you may receive.

With one of the largest hospitals in a major metropolitan city, Northside Hospital, located nearby, we are on call for parents who feel they may have a case. Northside Hospital delivers more babies than anywhere in the world with an estimated 34,000 deliveries a year. Unfortunately, the statistics show that between two to five out of every 1,000 babies endure a birth injury that is entirely preventable.

If something doesn't seem right about your pregnancy, birth or your child’s physical and mental state following birth, do not hesitate to have a law firm with medical experts and investigators look into your case. At my firm, there is no fee to have your case reviewed, and you may very well have a serious birth injury case that deserves justice.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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