DeKalb County Maternity Medical Malpractice Lawyer

DeKalb County Maternity Medical Malpractice Attorney

Childbirth should be one of the most fulfilling and important events in a person’s life. However, when a medical provider fails to meet the minimum standard of care during pregnancy, labor, or delivery, the result can be catastrophic. If a hospital’s or physician’s negligence may have caused you or your baby injury, contact a trusted DeKalb County maternity medical malpractice lawyer to explain your legal options and fight for your rights.

What Is Maternity Medical Malpractice?

Medical malpractice refers to preventable errors occurring in the medical field that cause some sort of harm or injury to the patient. Maternity medical malpractice happens when errors occur before, during, or following childbirth. These errors are serious and considered legal violations, especially when they deviate from the acceptable standard of care.

Medical providers, such as nurses and hospitals, are all responsible for protecting maternal and fetal health. When they fail this standard of care, such as failing to act quickly or neglecting to follow proper practices, their actions and inactions can lead to injury, harm, or even the death of the mother and/or child.

From 2018 to 2021, the maternal mortality rate in Georgia was 33.9 per 100,000 births. This translates to 169 deaths. That was higher than the national average, which had a rate of 32.9 deaths per 100,000 births.

Common Examples of Maternity Medical Malpractice

All pregnancies and deliveries involve a degree of risk. However, when risks are neglected or mismanaged, they cross the line into malpractice. In DeKalb County and elsewhere, typical instances of maternity malpractice include:

• Delayed emergency C-sections. If a baby is in distress, as evidenced by a falling heart rate or lack of oxygen, an emergency cesarean section should be performed. Minutes can be the difference between a healthy birth and catastrophic injuries, including cerebral palsy and brain damage.
• Improperly treating preeclampsia. Preeclampsia is a disease that causes high blood pressure and damage to organs. Without treatment, it can cause seizures, stroke, and death. Georgia has one of the highest maternal death rates in the U.S., often because of this exact failure.
• Negligently using delivery tools. Occasionally, these tools are necessary, but they can also cause injury to the baby through skull fractures or nerve damage if misused. If your child was injured by trauma during an assisted vaginal delivery, you may have a case.
• Neglectful postpartum care. Delivering the baby is only part of the mother’s care plan. The mother must still be monitored to prevent infection and bleeding issues. Catastrophic outcomes can occur if this step is neglected. Some of the worst Georgia malpractice cases have occurred not during labor but after, in the hours or days following the birth.

Liability in Maternity Medical Malpractice Cases

Determining liability in a maternity medical malpractice case is not always simple and straightforward. There can be one or multiple parties responsible for the issue. Some common responsible parties include:

• OB-GYNs
• Nurses
• Doctors
• Anesthesiologists
• Hospitals, especially if they lacked proper staffing or equipment
• Pediatricians

Determining fault often includes taking a thorough look at the evidence, such as hospital records, injury reports, and third-party professional opinions. Hospitals may also restrict patient rights in ways that obscure accountability, such as prohibiting birth recordings that could later serve as critical evidence.

Why DeKalb County Families Are at Risk

DeKalb County houses large medical institutions, such as:

• Emory Decatur Hospital, formerly known as DeKalb Medical Center
• Emory Hillandale Hospital
• Grady Memorial
• Emory Midtown

These hospitals have facilities where thousands of births are delivered each year, each staffed by physicians on rotation, residents, and nurses.

The high volume of deliveries, with different caregivers, can lead to communication failures and missed warning signs as medical staff become fatigued in maternity care settings. Expecting a certain standard of care in a busy urban hospital, such as one of the facilities in DeKalb County, doesn’t always seem to be the reality. This is compounded for families of color. The CDC reports Black women die 2.6 times more often in Georgia from pregnancy-related causes than White women.

What to Do If You Suspect Maternity Medical Malpractice

When your medical concerns during childbirth or recovery were neglected, you may have been subjected to medical malpractice. Maternity injuries can be an emotional experience, but time is of the essence. Hospital personnel might be transferred and medical records altered, so it’s vital to understand that Georgia law imposes a specific timeframe to pursue necessary compensation.

An experienced maternity medical malpractice attorney can protect evidence and determine if you have a valid case. An attorney can:

• Gather and analyze hospital records and reports.
• Work with medical professionals to understand the standard of care and whether it was breached.
• Document your damages, including physical, financial, and emotional ones.
• Follow the legal requirements to file a claim.

If you may have suffered medical malpractice, don’t delay in seeking justice. Contact a maternity medical malpractice lawyer to begin building your case.

Hire a Maternity Medical Malpractice Lawyer

The Tolson Firm, LLC, is a Georgia medical malpractice law firm. We have a particular practice emphasis on maternity medical malpractice cases, including maternal injuries and birth trauma. The firm is based in Atlanta and is led by a proud Black attorney. She knows that these cases can involve life-and-death urgency, heartbreak, and injustice, especially in the Black community.

At The Tolson Firm, LLC, we have the legal experience to take on even the most complex DeKalb County maternity medical malpractice laws. If you’re debating whether to call a maternity medical malpractice lawyer, our firm has the compassion, strategy, and extensive knowledge that can win your case. Our firm’s maternity medical malpractice attorneys work to provide victims with both answers and deserved compensation.

Contact The Tolson Firm, LLC, Today

If you or your baby were injured by medical negligence, you don’t have to fight alone. The Tolson Firm, LLC, can assist you in your quest to obtain justice and compensation for the harm you’ve suffered. Contact us today to set up a consultation with an experienced maternity medical malpractice lawyer. We proudly serve families in DeKalb County and throughout Georgia.