Birth Injury Attorney in Atlanta

Experienced Atlanta Birth Injury Lawyers Fighting for Your Family

Out of all births in America, only about one and a half percent involve serious birth injuries. While this is, fortunately, a low percentage, given the four million births that occur in the country annually, this statistic equates to 60,000 severe birth injuries every year. Labor and delivery are painful and stressful enough when nothing goes wrong; complications can turn a blessed event into a terrifying nightmare.

Not all birth injuries happen because the doctor, nurse, or hospital did something wrong. Many times, however, medical negligence or mistakes by medical professionals and hospital staff are to blame. Birth injuries double the already expensive cost of delivery. They can bring on a lifetime of daily challenges and extensive medical care, to say nothing of the emotional pain and trauma of experiencing a birth injury due to the negligence or incompetence of the medical staff.

Our Commitment to Atlanta Families Facing Birth Injuries

The Atlanta birth injury attorneys at Durham Law Group are here to help families by holding hospitals and medical professionals accountable for their failures. Our goal is to obtain justice for their children and achieve significant compensation to help them deal with the pain and difficulty this most terrible form of medical malpractice has caused. Call our Atlanta office for a no-cost, confidential consultation about what happened in the delivery room and whether you might have a valid malpractice claim against the hospital and other parties involved.

What Are the Leading Causes of Birth Injuries?

Complications and medical errors can arise during pregnancy, labor, and the delivery process. That’s not uncommon. Because complications do arise, obstetricians and obstetrical nurses should be well-trained in the types of complications that can occur and know exactly what to do when they appear. Unfortunately, gaps in communication and breakdowns in procedures and hospital protocols lead to injuries that quite frankly should have been avoided. Preventable birth injuries happen because:

• Nurses took too long to call the doctor after noticing maternal or fetal distress.
• The doctor took too long to call for a C-section.
• The hospital did not have an operating room ready for an emergency C-section.
• Staff failed to monitor the baby’s heart rate, leading to fetal distress.
• The wrong medication was given based on a misunderstanding or miscommunication.

What Kinds of Birth Injuries Occur in Atlanta Hospitals?

Birth injuries might occur due to failure to diagnose a difficult delivery, such as a baby in a breech position. Other mistakes involve failing to prevent premature birth or failing to treat pregnancy-related conditions such as gestational diabetes, preeclampsia, or eclampsia. Complicated births can also arise from prolonged labor when a child is stuck in the birth canal, often due to large birth weight.

Other common birth injuries that occur include:

• Cerebral palsy caused by trauma to the head during delivery, causing a brain injury and damaging the nervous system.
• Brachial plexus injury caused by the improper use of forceps or a vacuum extractor, or using these tools unnecessarily.
• Nerve damage such as Erb’s palsy or facial paralysis caused by forceps or vacuum extractors. If not used correctly, these birth-assisting tools can exert excessive force, leading to severe injuries.
• HIE, brain damage, or death caused by oxygen deprivation due to an unreasonable delay in performing a vaginal delivery or C-section.
• Spinal cord injuries sustained by the healthcare provider pulling too aggressively on the baby’s head or neck to free a stuck shoulder, or failure to perform a C-section.

No matter how your child’s birth injury occurred, the best strategy is to seek legal assistance from an experienced birth injury attorney who can determine the next steps in your case.

What Is the Difference Between a Birth Defect and a Birth Injury?

A common question from parents considering a medical malpractice lawsuit is whether their child’s condition is a birth injury or a congenital disability. Under Georgia law, the distinction comes down to two critical factors: timing and what caused the injury. The distinction between the two ultimately determines whether you have a valid legal claim against the medical facility or healthcare provider.

Birth Defects

Congenital disabilities (congenital conditions) are developmental or genetic abnormalities that form while the baby is still in the womb. Birth defects may be caused by genetics, toxic exposure to chemicals, or the mother using drugs during pregnancy. Examples include Down syndrome, cleft palates, or congenital heart defects. Because birth defects develop before labor begins, state law rarely considers them to be the fault of the healthcare provider.

Birth Injuries

A birth injury may occur if a healthcare provider does not act appropriately to prevent complications that could have been avoided. Preventable complications can stem from physical harm, trauma, or oxygen deprivation during labor, delivery, and the neonatal period.

If you are unsure whether your child’s injury meets the criteria necessary to file a lawsuit, it is best to seek legal assistance from a qualified attorney with experience handling birth injury cases. A qualified attorney can professionally assess your case to determine the best options for you and your child.

What Are the Legal Grounds for Filing a Birth Injury Lawsuit?

Georgia law, which oversees medical malpractice cases, stipulates that a birth injury may be the basis for a lawsuit. Under state statutes, an attorney must prove that the healthcare provider failed in the duty of care that any other medical professional would have met in the same situation.

Even so, a birth injury lawsuit is a specific type of medical malpractice claim that can only be filed if the harm the child suffered is the direct result of a preventable medical error.

The Four Legal Elements Required to Prove a Claim

To pursue a birth injury lawsuit in Georgia, you must be able to prove four legal elements successfully:

• Duty of care: You must establish that a provider-patient relationship existed. In the context of birth injuries, the hospital, doctor, nurse, or midwife owed you a legal duty to provide adequate medical care to you and your child.
• Breach of the accepted standard of care: You must prove that the healthcare provider failed to act with the same care and skill that a reasonably competent provider would exercise under similar circumstances.
• Causation: You must present evidence that directly links the healthcare provider’s breach of care to your child’s injury. A common example is a child suffering serious harm because the doctor waited too long to order an emergency intervention such as a C-section. But if the condition is attributed to a genetic birth defect, the healthcare provider cannot be held liable.
• Damages: You must demonstrate that you and your child suffered measurable losses as a result of the injury, including economic damages for medical bills and non-economic damages for pain and suffering. Unlike other states, Georgia does not impose a cap on recoverable damages in birth injury cases.

What Is Georgia’s Expert Affidavit Requirement for Birth Injury Lawsuits?

Georgia has strict legal safeguards that act as procedural hurdles to prevent frivolous medical malpractice lawsuits. Under the law, a plaintiff cannot simply file a medical malpractice lawsuit without fulfilling an expert affidavit requirement. Instead, the initial lawsuit must be accompanied by an affidavit from a medical expert. Typically, the medical expert is also an obstetrician or someone who actively manages the labor and delivery process.

Understanding Georgia’s Expert Affidavit Requirements

Because an expert affidavit is required, it is best to seek the guidance of a birth injury lawyer who can ensure that it meets all legal requirements. Expert affidavit requirements include:

• Specifically identifying at least one clearly identified act or omission by the provider that may constitute negligence
• An outline of the medical records detailing why the specific act fell below the accepted medical standards

If you attempt to file a lawsuit without the expert affidavit, the court will most certainly throw the case out.

Who Can Be Held Liable for a Child’s Birth Injury?

If your child has suffered a birth injury, you may believe that only the doctor can be held liable. Today, labor and delivery typically involves a team of healthcare professionals. Although a medical provider can be held accountable for the harm your child has suffered, several other individuals and entities may also be liable if they contributed to the injury.

Obstetricians and Gynecologists (OB-GYNs)

An obstetrician or gynecologist is usually the most common defendant in a birth injury lawsuit. OB-GYNs can be held liable for birth injuries if they fail to uphold their duty of care. Examples of negligence often include delaying C-sections, ignoring signs of fetal distress, using excessive force, or misuse of birthing tools.

Labor and Delivery Nurses

Nurses are a critical part of a labor and delivery team. They may be held responsible if they failed to alert the doctor to potential complications or warning signs, or incorrectly read or interpreted maternal or fetal vital signs. A nurse may also be held liable if they administered the wrong dosage of labor-inducing drugs.

Hospitals and Medical Facilities

A hospital or birthing center may be named in a birth injury lawsuit under the following legal criteria:

• Vicarious liability: The facility can be held accountable for the negligent actions of their employees who were acting within the scope of their employment.
• Direct corporate negligence: The facility failed in its legal obligation to maintain a safe environment. In birth injury lawsuits, this may include negligent hiring of staff with a history of medical malpractice, failing to enforce proper safety protocols or maintain medical equipment, or understaffing.

Others who may also be named in birth injury lawsuits include anesthesiologists, midwives, medical equipment manufacturers, and NICU staff if a baby’s care was mismanaged.

How Long Does Our Family Have to File a Birth Injury Lawsuit?

Georgia law is complex when it comes to birth injury lawsuits, as it recognizes a child’s claim and a parent’s claim separately.

The Child’s Claim

As recognized by state law, if a child suffers a birth injury, the two-year statute of limitations does not formally begin until the child turns five. With this stipulation, the child’s family has until the child’s seventh birthday to file a lawsuit on their behalf to seek compensation.

The Parent’s Claim

While state law allows a child to make a claim up until their seventh birthday, parents who wish to file a claim are subject to the standard two-year statute of limitations. Parents may file a claim to recover the cost of medical bills they have incurred, but the two-year clock begins ticking from the date the malpractice occurred.

What Compensation Can Families Receive After a Birth Injury?

Families who are dealing with birth injuries may be eligible to recover economic and non-economic damages. As with any personal injury lawsuit, any damages you may be able to recover will depend on the merits of the case.

Economic Damages

Economic damages are meant to reimburse families for the financial burden they have suffered due to their child’s injury. Families can seek compensation for:

• Medical expenses, including the cost of future medical treatment, ongoing therapy, surgeries, medications, and past and future medical bills
• Lost wages
• Loss of earning capacity
• The cost of necessary accommodations and equipment

Non-Economic Damages

Non-economic damages are meant to compensate the child and their family for intangible losses. Common forms of non-economic damages in birth injury cases include:

• Emotional distress
• Pain and suffering, for the physical pain your child has endured and will endure in the future
• Loss of enjoyment of life, for your child’s inability to participate in normal childhood activities or experiences due to their disability

Why Should I Hire a Birth Injury Lawyer to Help Me With My Case?

Determining that medical malpractice lies behind a birth injury and proving it in court require significant skill. Doctors and hospitals are not likely to explain when they know something went wrong; it is up to the victim’s attorney to consult medical experts and review medical records to build a case alleging malpractice.

The Atlanta birth injury attorneys at Durham Law Group come from many diverse backgrounds and have years of experience litigating difficult and challenging cases. Whether settling your claim or taking your case to court, our firm is committed to achieving a significant result on your behalf that truly meets your needs. When you come to us for help, we will conduct a thorough investigation to determine what options suit your needs.

Call for Help With an Atlanta Birth Injury Claim

If you believe a birth injury may have been caused by medical malpractice in an Atlanta area hospital, call Durham Law Group at 404-845-3434 for a no-cost, confidential consultation with a team of compassionate and dedicated Atlanta birth injury lawyers.