A birth injury is a special class of personal injury case, which seeks justice for the victims of negligence from their healthcare professionals. Birth injuries may occur before or during birth, often resulting in long-term problems for the child. If your child has been the victim of a birth injury here in Atlanta, Kim Injury Law, P.C. is here to defend your rights and the rights of your child.
Unlike birth defects, birth injuries are the result of a medical professional’s negligence. Physicians may break protocol during the birthing process, often resulting in severe harm to the child. Common birth injury cases involve conditions like:
- Cerebral Palsy
- Facial Paralysis
- Ventouse Injuries
- Brachial Plexus Injuries
Most of these conditions are nerve injuries, although ventouse injuries refer to hemorrhages and fractures caused by a ventouse, or vacuum device.
Birth injuries may be the result of negligence on the part of the doctor, nurses, anesthesiologists, pharmaceutical companies, or hospital. In general, if any of them fail to act according to the expectations of their professions, and your child suffers a birth injury as a result, you should seek the professional advice of an experienced Atlanta personal injury lawyer.
Vicarious Liability in Birth Injury Cases
In most cases, a civil case will be brought against the offending physician and the medical facility where you gave birth. However, there are two distinct types of cases when it comes to seeking damages from the medical facility. In order to receive the compensation needed for the long-term care of your child, it is usually appropriate to seek damages from the medical facility under one of these principles.
Hospitals that employ the medical professionals who cause the birth injury can be held legally responsible under the doctrine of respondeat superior. Under civil law, this concept states that employers can be held responsible for the actions of employees performed within the course of their employment.
Medical facilities that use independent contractors are not subject to respondeat superior. There is no vicarious liability in these cases. However, the hospital can still be found to be negligent for allowing attending privileges to a physician who had the capability of acting negligently.
Determining fault and compensation in birth injury cases requires the legal expertise of an experienced personal injury lawyer. To have us review your case, contact us today.