What Causes Most Birth Injuries?
How Can I Tell If My Child Suffered a Birth Injury?
Who Can Be Held Liable for a Birth Injury?
How Do I Prove My Birth Injury Case?
What Types of Compensation Can I Receive in a Birth Injury Case?
How Long Do I Have to File a Birth Injury Claim in Georgia?
Will My Case Go to Trial?
What Is My Birth Injury Case Worth?
What Causes Most Birth Injuries?
Birth injuries often result when warning signs during pregnancy, labor, or delivery are missed or not addressed in time. In Atlanta, these cases frequently arise in busy hospital settings where medical teams may be stretched thin.
Common causes of birth-related injuries include:
- Failure to properly monitor fetal heart rate or signs of distress
- Delayed or unnecessary emergency C-sections
- Misuse of forceps or vacuum extractors
- Failure to detect placental or umbilical cord complications
- Medication errors during labor or delivery
- Inadequate prenatal screening or risk assessment
Many birth injury cases in the Atlanta area involve large hospital systems such as Emory Midtown, Grady Memorial, Northside Hospital, and Piedmont Atlanta Hospital.
How Can I Tell If My Child Suffered a Birth Injury?
Some signs of a birth injury appear right away, while others may not become noticeable until months or even years later. If something doesn’t feel right, it’s important to pay attention and seek appropriate guidance.
Common signs may include:
- Poor muscle tone, stiffness, or unusual floppiness
- Seizures shortly after birth
- Difficulty feeding, swallowing, or breathing
- Limited movement in one arm or leg
- Developmental delays or missed milestones
- Extended NICU stays without a clear explanation
Recognizing these signs early can help families better understand what may have occurred and what steps to consider next.
Who Can Be Held Liable for a Birth Injury?
Liability in a birth injury case depends on what went wrong and who was responsible for the medical treatment. In many situations, more than one party may share responsibility.
Potentially liable parties may include:
- OB-GYNs or delivering physicians who failed to recognize or respond to complications
- Nurses or labor and delivery staff responsible for monitoring the mother and baby
- Anesthesiologists involved in pain management or surgical procedures
- Hospitals or medical facilities for understaffing, inadequate policies, or systemic failures
- Medical practices or healthcare groups overseeing providers involved in the delivery
- Pharmaceutical providers in cases involving improper medication use or dosing
It’s important to identify all negligent parties to ensure that you receive a fair outcome.
How Do I Prove My Birth Injury Case?
To prove a birth injury claim in Georgia, certain legal elements must be established.
In most cases, it must be shown that:
- The healthcare provider had a duty to follow the accepted medical standard of care
- That duty was breached through an act or omission
- The breach directly caused the birth injury
- The child suffered damages as a result, such as physical harm, developmental challenges, or long-term medical needs
Proving these elements often involves reviewing medical records, analyzing timelines of care, and consulting qualified medical experts.
What Types of Compensation Can I Receive in a Birth Injury Case?
Birth injuries can result in significant financial and emotional burdens, some of which may last a lifetime.
Depending on the circumstances, you may be entitled to compensation for the following economic and non-economic damages:
- Past and future medical bills for hospital care, surgeries, medications, and specialist treatment
- Physical, occupational, or speech therapy to support development and mobility
- Special education services or assistive devices needed for learning or daily activities
- Home care or nursing support for ongoing medical or personal needs
- Loss of future earning capacity if the injury affects your child’s ability to work later in life
- Pain and suffering, including the emotional impact on the child and family
In rare cases involving especially egregious conduct, punitive damages may also be available under Georgia law.
How Long Do I Have to File a Birth Injury Claim in Georgia?
In most cases, Georgia law requires medical malpractice claims to be filed within two years of the date of the injury. However, cases involving children may be subject to exceptions, extensions, or special rules that affect this deadline.
Because these time limits can be complex and fact-specific, it’s important to seek legal guidance as soon as possible to understand the statute of limitations for your situation.
Will My Case Go to Trial?
Not all birth injury cases go to trial. Many are resolved through settlement negotiations, but some require litigation when a fair resolution cannot be reached. Whether a case goes to court depends on factors such as the strength of the evidence, the parties involved, and how the defense responds to the claim.
What Is My Birth Injury Case Worth?
Every medical malpractice case is different. Several factors may influence the amount of compensation you receive, including:
- The severity of the injury and whether it is temporary or permanent
- The long-term impact on the child’s development, independence, and quality of life
- Whether the injury was caused by a clear deviation from accepted medical standards
- The timing and duration of oxygen deprivation or trauma during birth
- The strength of the medical evidence and expert testimony
- How early the injury was identified and documented
We will thoroughly evaluate the facts to put an accurate value on your family’s losses.
