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Medical Malpractice

Damages That Follow an Infant and/or Mother Birth Injury

There are certain costs of raising a child that you expect when you’re pregnant and your due date is fast approaching, such as diapers, food, and education. However, these financial considerations will be far from your mind if you’re informed that your baby has suffered a birth injury as a result of medical error. The emotional impact of such news can be considerable, especially as you think about the immediate and long-term damages. According to US Centers for Disease Control and Prevention (CDC) cost of birth injury hospitalizations to the US health care system averages about $23 billion.

Still, these figures don’t do justice to what you and your family will incur personally, and they don’t cover the long-term damages that inevitably result from birth injuries. When you realize that a medical mistake will become an alarming economic burden, it’s time to discuss your circumstances with an Atlanta, GA birth injuries lawyer

Costs of Immediate Care After a Birth Injury: During or immediately following delivery, health care practitioners may need to provide specialized medical care just to stabilize the infant’s or mother’s medical condition. It may be necessary to perform surgery or other procedures, and your newborn may spend time in a neonatal intensive care unit (NICU). A March of Dimes publication on Special Care Nursery Admissions reveals that, when infants are admitted to the NICU, the average length of stay is approximately 13 days – totaling more than $76,000 in medical and hospitalization costs.

Long-Term Direct Costs: For babies that suffer serious developmental conditions due to birth injuries, the expenses don’t end when you bring your newborn home. The CDC estimates that the direct costs of raising a child with intellectual or developmental disabilities can be 25 times a healthy child. These expenses may encompass such ongoing medical care as:

  • Physical, behavioral, cognitive, and speech therapies;
  • In-home care or placement at an assisted living center;
  • Corrective surgeries;
  • Wheelchairs, adaptive equipment, and assistive devices;
  • Renovations to your home to allow for adaptive equipment and hospital beds;
  • Vehicle modification and lifts to accommodate adaptive equipment; and,
  • Much more.

Indirect Damages: There are also implications that you don’t anticipate when your baby suffers from a birth injury that has permanent ramifications. Some may be measurable in terms of cost, but others are hard to value in dollar figures. Perhaps the most impactful is for parents who choose to care for the child at home. Many victims of birth injuries will require care 24 hours a day, 7 days a week, which makes it impractical – and usually impossible – to work full time. Caretakers give up their sources of income, and may even need to forego future professional and business-related opportunities.

There are also indirect damages that affect the child, especially quality of life. Plus, depending on the specifics, there’s the possibility of premature mortality.

Consult with an Atlanta Birth Injury Attorney About Your Claim

You may be entitled to compensation for both direct and indirect costs, in the short and long-term, if you or your child suffered birth injuries due to medical malpractice. For more information on your legal rights, please contact the office of Julie A. Rice in Atlanta, GA. We can provide more information on your legal options after reviewing the details of your case.

 

FAQs About Baby Medical Malpractice and Claims Against Pediatricians

The birth of your child was a joyous occasion, and it’s a relief when he or she has a clean bill of health. However, health care providers must deliver proper medical care for infants well beyond birth, as a range of complications can affect your infant in the first few weeks of life. When they fail or make critical errors, your baby can suffer serious harm. You may have rights as a parent, and an Atlanta, GA baby medical malpractice attorney can explain them in more detail. However, answers to common questions about pediatric medical malpractice may be helpful.

How often do babies suffer injuries because of malpractice?

Fortunately, the incidence of malpractice is relatively low in the medical specialty of pediatrics. The American Medical Association reports that around 34 percent of all physicians have been sued for medical malpractice at some point in their careers; however, only 18 percent of pediatricians face medical malpractice lawsuits.

What are some medical conditions that result from pediatric malpractice?

The US Department of Health and Human Services reports that a delayed diagnosis of meningitis is the most common error committed by pediatric health care providers. This infection can initially cause intense headaches and high fever, but – left undiagnosed and untreated – it can lead to convulsions and even death. In addition, some other complications include:

  • Misdiagnosis of appendicitis, which can cause the appendix to rupture;
  • Prescription errors through ordering the wrong drug, the wrong dosage, or duration for taking medication.

Do I have rights if my baby was hurt because of a medical error?

You may have grounds to file a baby medical malpractice claim against a pediatrician, but these cases are very complex. They’re very different from personal injury actions based upon an accident or negligence, and there are specific elements you must prove.

  • You must show the existence of a medical standard of care, which describes the level of competence and skill that doctors would exercise in providing treatment under the same or similar circumstances;
  • You need to demonstrate the ways that your child’s physician failed in applying this standard of care; and,
  • You must prove that your baby suffered harm because of the deviation from the standard of care.

How long do I have to file a baby medical malpractice claim?

Under Georgia’s statute of limitations on medical malpractice claims, you must file a lawsuit within two years after the date on which wrongful act or mistake occurred. If you don’t sue the responsible parties in court, you’re forever barred from seeking compensation for your losses. However, this time period may be extended under some circumstances, particularly where you didn’t discover your baby’s injuries until later. In such a situation, you have five years from the date that the medical error occurred.

Call Now to Speak with an Experienced Baby Medical Malpractice Lawyer

Though medical errors in pediatrics is less frequent than other specialties, that’s no consolation to parents whose child suffers injuries because of malpractice. To learn more about your rights and legal options as a parent, please contact Attorney Julie A. Rice. We can schedule a no-cost consultation at our Atlanta, Georgia office to review your circumstances and explain how these claims work.

What is the Value of Never being able to Eat Solid Foods for the Rest of Your Life? This Clayton County, Georgia, State Court Jury decides it is Worth more than Nothing which is what the Defense Offered in this Medical Malpractice Case.

In February of 2012, 46 year old Jeannette Collins reported to the Henry Piedmont Hospital Emergency Room (ER) in Georgia with complaints of nausea, abdominal pain, and vomiting. Tests were ordered in the ER that ultimately showed that Ms. Collins had a small bowel obstruction requiring surgery. At trial, both the Plaintiff, Mr. Collins, and the Defendant Dr. Ahmad Nuriddin agreed that this was the proper procedure under the circumstances. During the surgery, however, the Defendants contend that they discovered that Ms. Collins had gastric outlet obstruction which is a problem that will keep the stomach from emptying. 

Continue reading What is the Value of Never being able to Eat Solid Foods for the Rest of Your Life? This Clayton County, Georgia, State Court Jury decides it is Worth more than Nothing which is what the Defense Offered in this Medical Malpractice Case.

A Medical Malpractice Case in Fulton County, Georgia whereby a Plaintiff, even with Injuries that were caused by the Defendant, lost the case as the Plaintiff failed to prove that the Standard of Care was Breached: VIDEO included ~ part one

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Continue reading A Medical Malpractice Case in Fulton County, Georgia whereby a Plaintiff, even with Injuries that were caused by the Defendant, lost the case as the Plaintiff failed to prove that the Standard of Care was Breached: VIDEO included ~ part one

ANESTHESIA MALPRACTICE ~ The Deviation in the Standard of Anesthetic Care During Intubation Resulting in Aspiration ~ part two

This is a continuation of my discussion of this most important topic from my last blog post titled, “ANESTHESIA MALPRACTICE ~ The Deviation in the Standard of Anesthetic Care During Intubation Resulting in Aspiration ~ part one,” whereby I am setting forth some important questions that need to be answered and why these questions are important when faced with a Medical Malpractice Case involving whether or not there was a breach, or deviation, in the standard of care during an intubation that resulted in an aspiration. The important questions are continued as follows:

Continue reading ANESTHESIA MALPRACTICE ~ The Deviation in the Standard of Anesthetic Care During Intubation Resulting in Aspiration ~ part two

ANESTHESIA MALPRACTICE ~ The Deviation in the Standard of Anesthetic Care During Intubation Resulting in Aspiration ~ part one

iv-bag-65906-m.jpgThis is my first blog titled, “ANESTHESIA MALPRACTICE ~ The Deviation in the Standard of Anesthetic Care During Intubation Resulting in Aspiration ~ part one.” At Julie A. Rice, Attorney at Law, & Affiliates we handle a variety of Medical Malpractice Cases in Atlanta, Georgia and surrounding communities including DeKalb County, Cobb County, Fulton County, the City of Atlanta, and Gwinnett County, just to name a few. One of the types of cases that we see are cases that involve Medical Malpractice in Anesthesiology or, in other words, Anesthesia Malpractice.

Continue reading ANESTHESIA MALPRACTICE ~ The Deviation in the Standard of Anesthetic Care During Intubation Resulting in Aspiration ~ part one

A Medical Malpractice Jury Trial in Georgia Allegedly Riddled with Errors Returns a Verdict of almost $ 22 Million Dollars for the Plaintiff, No Punitive Damages in the Case Despite Evidence to the Contrary, and a Vow from Defense Counsel that there Will

hospital-room-449234-m.jpgThis a continuation of my last blog post titled, “A Medical Malpractice Jury Trial in Georgia Allegedly Riddled with Errors Returns a Verdict of almost $ 22 Million Dollars for the Plaintiff, No Punitive Damages in the Case Despite Evidence to the Contrary, and a Vow from Defense Counsel that there Will Be an Appeal [A VIDEO Link is Included Hereinbelow] ~ part one.”

Continue reading A Medical Malpractice Jury Trial in Georgia Allegedly Riddled with Errors Returns a Verdict of almost $ 22 Million Dollars for the Plaintiff, No Punitive Damages in the Case Despite Evidence to the Contrary, and a Vow from Defense Counsel that there Will

A Medical Malpractice Jury Trial in Georgia Allegedly Riddled with Errors Returns a Verdict of almost $ 22 Million Dollars for the Plaintiff, No Punitive Damages in the Case Despite Evidence to the Contrary, and a Vow from Defense Counsel that there Will

vitals-monitor-294066-m.jpgIn 2008, Gwen Brown underwent an elective procedure in Georgia whereby she was receiving injections of steroids at the direction of her doctor, Dr. Dennis Doherty, at the Southeastern Pain Ambulatory Surgery Center when it was indicated by monitors that her breathing was improper. It would be noted by lawyers for the Plaintiff and in Court documents that Ms. Brown was deprived severely of oxygen for as many as ten (10) minutes, that her blood pressure had dramatically dropped and that there was not a detection of any pulse. Regardless of the situation, Dr. Doherty did not discontinue the procedure.

Continue reading A Medical Malpractice Jury Trial in Georgia Allegedly Riddled with Errors Returns a Verdict of almost $ 22 Million Dollars for the Plaintiff, No Punitive Damages in the Case Despite Evidence to the Contrary, and a Vow from Defense Counsel that there Will

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