Atlanta Birth Injury Lawyers

Helping You When the Unexpected Happens

When you expect to welcome a healthy baby into the world and something goes wrong during labor or delivery, the emotional, physical, and financial consequences can be overwhelming. In Georgia, families affected by birth injuries have legal options, and understanding your rights is essential to securing the justice and compensation your child deserves.

At DGL Attorneys At Law, we have a winning track record of record-setting results, having recovered millions of dollars in compensation for injured victims and their families across the Metro Atlanta area. If your child suffered preventable injuries during birth, we want to hear from you. Your initial consultation is free and confidential, so don't wait to call.

Schedule a free consultation with our birth injury attorneys in Atlanta by calling (770) 404-8239 or sending us a message online.

Common Types of Birth Injuries

Birth injuries refer to any harm or injury sustained by a baby during labor and delivery. While some complications are unavoidable, many birth injuries are preventable and occur due to medical negligence or improper care by doctors, nurses, or hospital staff.

Common birth injuries include:

• Cerebral palsy: Often caused by oxygen deprivation to the baby’s brain during birth, this lifelong condition can affect motor skills, speech, and development.
• Erb's palsy: This is a form of brachial plexus injury, which occurs when a baby’s neck or shoulder is stretched improperly, damaging the nerves controlling the arm and hand.
• Brain injuries: Mismanagement of fetal distress, failure to monitor the baby’s vital signs, or improper use of forceps or vacuum extractors can lead to brain damage.
• Fractures or broken bones: These can occur if excessive force is used during delivery, especially in cases of shoulder dystocia.
• Hypoxia or asphyxia: When a baby is deprived of oxygen, even for a short period, it can result in long-term developmental issues or even death.

How Medical Negligence Can Cause Birth Injuries

In Georgia, medical negligence occurs when healthcare providers fail to provide the standard of care that a reasonably competent professional would in a similar situation.

When it comes to birth injuries, negligence may involve:

• Failure to properly monitor the baby’s health during pregnancy or labor
• Delayed decision to perform a C-section when needed
• Improper use of delivery tools like forceps or vacuum extractors
• Failure to recognize or respond to fetal distress
• Administering the wrong medications to the mother or baby

If a healthcare provider’s actions or omissions directly result in injury to your baby, you may have a valid medical malpractice claim.

Know Your Legal Options

If your child has suffered a birth injury due to medical malpractice, you have the right to seek compensation for the damages.

This can include:

• Medical expenses: Past and future medical care, surgeries, therapies, and medications related to your child’s injury.
• Pain and suffering: Both your child’s physical pain and your family’s emotional distress are considered.
• Lost wages: If the birth injury prevents your child from being able to work in the future, you can seek compensation for loss of earning capacity.
• Cost of long-term care: Many birth injuries, like cerebral palsy, require lifelong care. You can recover damages to cover the costs of specialized treatment, therapy, and caregiving services.

Statute of Limitations for Birth Injury Cases in Georgia

In Georgia, the statute of limitations sets the legal deadline for filing a lawsuit, including cases involving birth injuries. For most medical malpractice claims, the statute of limitations is two years from the date the injury occurred. This means that a lawsuit must be filed within two years of the incident that caused the injury.

However, in cases involving children under the age of five, Georgia provides some additional time to file a claim. Parents or guardians have until the child’s seventh birthday to file a birth injury claim. This is designed to account for situations where the injury is not immediately recognized, as birth injuries may take time to manifest.

In some cases, the statute of limitations may be “tolled,” or temporarily paused, for reasons like fraud or if the healthcare provider intentionally concealed the negligence. However, these circumstances are rare, and it is important not to rely on tolling to delay filing a claim.

It is crucial to act quickly if you suspect your child has suffered a birth injury. Birth injury cases require thorough investigation, collection of medical records, and expert testimony, all of which take time to prepare. Waiting too long can hinder your ability to gather critical evidence and could result in losing your right to file a lawsuit.

How a Birth Injury Lawyer Can Help

Navigating a birth injury case is complex, as it involves understanding medical records, expert testimony, and Georgia’s malpractice laws. An Atlanta birth injury attorney at DGL Attorneys At Law can:

• Investigate the incident thoroughly to identify whether medical negligence occurred
• Obtain expert witnesses to testify about the standard of care
• Negotiate with insurance companies or represent your case in court to fight for fair compensation
• Ensure you meet all filing deadlines so your claim is not barred by the statute of limitations

Birth injuries are not just medical challenges; they are life-altering events that require legal action to ensure your family gets the support it needs. If you believe your child’s injury was caused by medical negligence, you don’t have to face this battle alone. An Atlanta birth injury lawyer at DGL Attorneys At Law can guide you through the process, advocating for your rights and fighting for the compensation that will allow your child to lead the best life possible.

Call us at (770) 404-8239 to schedule your free consultation with our birth injury lawyers in Atlanta. Se habla español.