A broken collarbone is one of the more common birth injuries seen during difficult deliveries. In many cases, the injury heals without long-term problems. However, some newborn collarbone fractures occur because of excessive force, delayed intervention, or other preventable medical errors during labor and delivery.
Broken collarbones at birth in Georgia sometimes lead families to ask whether a lawsuit may be appropriate. The answer depends on how the injury happened and whether the medical team failed to provide proper care.
How Does a Baby’s Collarbone Break During Birth?
The collarbone, also known as the clavicle, connects the shoulder to the chest. During childbirth, pressure on a baby’s shoulders can sometimes cause the bone to fracture.
Several factors can increase the risk of a newborn’s collarbone fracture, including:
- Shoulder dystocia
- Macrosomia (high birth weight)
- Breech presentation
- Prolonged labor
- Difficult vaginal delivery
- The use of forceps or vacuum extraction
Not every broken collarbone results from medical negligence. In some cases, the injury occurs despite appropriate medical care. However, healthcare providers are expected to identify delivery risks and take reasonable steps to reduce the likelihood of injury.
When Is a Broken Collarbone a Sign of Medical Negligence?
A birth injury does not automatically mean malpractice occurred. A successful lawsuit typically requires proof that a doctor, nurse, or other healthcare provider failed to provide care that met accepted medical standards.
Examples of conduct that may support a birth injury claim include:
- Failing to identify risk factors before delivery
- Improperly managing shoulder dystocia
- Using excessive force during delivery
- Delaying a medically necessary cesarean section
- Improper use of forceps or vacuum extraction devices
Determining whether negligence occurred often requires a detailed review of medical records and consultation with qualified medical experts.
What Evidence Is Needed in a Broken Collarbone Birth Injury Lawsuit?
Birth injury cases are heavily dependent on documentation and expert analysis. Medical records can help establish what occurred during labor and delivery and whether the injury could have been prevented.
Important evidence may include:
- Prenatal care records
- Labor and delivery records
- Fetal monitoring strips
- Nursing notes
- Imaging studies
- Pediatric evaluations
Medical experts frequently review these records to determine whether the healthcare team followed the appropriate standard of care and whether a different course of action could have prevented the injury.
What Compensation May Be Available in a Birth Injury Settlement?
When medical negligence causes a newborn’s injury, families may be entitled to compensation for both current and future losses.
Damages in a birth injury case may include:
- Medical expenses
- Future treatment costs
- Physical and occupational therapy
- Rehabilitation expenses
- Pain and suffering
- Long-term care costs
- Other injury-related financial losses
The value of a settlement or verdict depends on the severity of the injury, the extent of any complications, and the child’s anticipated future needs.
How Long Do Families Have To File a Birth Injury Lawsuit in Georgia?
Georgia law places time limits on medical malpractice claims, including birth injury lawsuits. In many cases, medical malpractice claims must be filed within two years of the injury. However, special rules and exceptions may apply when the injured person is a child.
Georgia also has a statute of repose that can affect the deadline for filing a claim regardless of when the injury is discovered. Because birth injury cases involve unique legal considerations, families should seek guidance as soon as possible to avoid missing important deadlines.
Contact Georgia Baby Safety To Schedule a Free Consultation With an Atlanta Birth Injury Lawyer
Broken collarbones at birth are often treatable, but some cases involve preventable medical errors during labor and delivery. When negligence contributes to a newborn’s injury in Georgia, families may have legal options. Reviewing the medical records and the circumstances surrounding the birth can help determine whether a lawsuit may be appropriate.
For help, contact Georgia Baby Safety today. We offer a free consultation with an Atlanta birth injury attorney.
The Moses Firm
3490 Piedmont Rd NE #1206, Atlanta, GA 30305
404-995-6033
Available 24/7