Atlanta Lawyers for Birth Injury

EXPERIENCED ATLANTA BIRTH INJURY ATTORNEYS

Medical malpractice is always tragic- to be hurt by the very people we trust to heal us is an exceptional betrayal. However, birth injuries are some of the most tragic cases our lawyers see, because it’s a young life being irreparably affected as a result of someone else’s negligence and misconduct. In the United States, about seven out of 1,000 babies are injured during the course of childbirth.

Birth injuries happen due to preventable mistakes made by medical professionals, and the high incidence rates highlight the urgent need for awareness and action.

In fact, most birth injuries are caused by preventable medical errors or negligence, underscoring the importance of proper care during pregnancy and delivery.

Our birth injury lawyers believe passionately in helping the families of these young victims pursue compensation for the injuries suffered by newborn children. Many birth injuries are preventable and result from medical errors. These injuries are long-lasting, severe, and most tragically, avoidable.

A child’s injury caused by medical malpractice can have lifelong consequences, and families may be entitled to compensation to help address the challenges resulting from such negligence.

Pursuing Justice for Birth Injury Victims in Atlanta, GA

If you’re a resident of Columbus, Decatur, Atlanta or anywhere in Georgia, and your child suffered an injury at birth, you should speak with our Atlanta birth injury lawyers immediately. Please call Chance, Forlines, Carter & King, PC today at 404-760-7400 for a free consultation. We offer both in-person and virtual appointments.

Top Causes of Birth Injuries

During the delivery process, numerous factors can lead to complications. Medical errors and medical mistakes by healthcare providers and other medical professionals are common causes of birth injuries. Surprisingly, responsibility for these issues may not always lie solely with the attending caregiver; manufacturers of equipment or even the hospital itself might bear liability.

Common causes of birth injury encompass:

• Failure to detect changes in the baby’s or mother’s condition
• Neglect in consulting a specialist
• Negligence in addressing maternal infections
• Failure to diagnose or treat labor complications
• Delay or failure in recommending a cesarean section
• Improper application of forceps or suction during delivery

A birth injury caused by medical mistakes or medical errors by a healthcare provider or other medical professionals may be grounds for legal action. Medical negligence can result in a child’s injury, making it crucial for families to seek justice and compensation for the harm caused.

Regardless of the specific cause of a child’s birth injury, if it resulted from negligence, parents may have grounds for a birth injury claim in Georgia. Consulting with our Atlanta birth injury attorney allows for an assessment of your circumstances and exploration of available legal options.

We represent birth injury victims in Atlanta, Macon, Augusta, Columbus, Savannah, Gainesville, Lawrenceville, Decatur, Jonesboro, and all over Georgia. Call us now! We offer free consultation, and flexible appointments, which can be in-person or virtual.

Types of Birth Injuries Eligible for Legal Claim by an Attorney in Georgia

Significant advancements in medical care and prenatal assessments over recent decades have led to a notable decline in serious birth injuries. Additionally, many birth-related injuries can be readily resolved without requiring treatment. Nonetheless, serious injuries still occur, including:

• Bleeding in the baby’s brain
• Nerve injuries, including nerve paralysis
• Fractured bones
• Neurological Injuries
• Oxygen Deprivation, leading to organ damage, particularly affecting the brain and kidneys
• Cerebral Palsy
• Erb’s Palsy
• Labor and Delivery Birth Injuries
• NICU Errors
• Spinal cord injuries
• Internal bleeding
• Strangulation of the umbilical cord

If you are unsure whether your child’s injury qualifies for a malpractice claim, consult an attorney for clarification. Severe birth injuries and physical injuries sustained during childbirth can have lifelong consequences and may require significant legal and medical support. As long as you have suffered damages due to someone else’s negligence, there remains the potential to seek compensation.

WHO CAN BE HELD LIABLE FOR A BIRTH INJURY IN Atlanta

Depending on the nature of the injury and the staff attending the birth, parties that may be held liable for birth injury include:

• Doctors and physicians
• Midwives
• Anesthesiologists
• Nurses
• Support Staff

When a child injured due to a healthcare provider’s failure to meet the appropriate standard of care, or when a doctor failed to act as required during labor or delivery, legal action may be warranted.

In some cases, the company that owns or operates the hospital where injury occurred may be held liable as well. This all depends on the specifics of your case and is something that will be established while we are building your claim. We are prepared to hold every person who played a role in your child’s injury to full account. We will discuss this in greater detail during your free case review with one of our Atlanta birth injury attorneys.

COMMON INDICATORS OF MEDICAL MALPRACTICE RESULTING IN BIRTH INJURY

Additional red flags for malpractice include:

• A physician exhibiting signs of fatigue or being overburdened
• Poor maintenance of medical equipment
• Inattentiveness displayed by nurses or midwives
• Reluctance to perform a cesarean section when medically necessary

While these errors may stem from human fallibility, accountability ultimately rests with the hospital. Hospital administrators bear the responsibility of ensuring adequate staffing and training in maternity wards, irrespective of the pregnancy’s risk level. They must also prevent physicians from undertaking excessive shifts without adequate rest periods.

Physicians, too, carry accountability for their actions; ultimately, their decisions shape the outcome for your child. When doctors operate while fatigued, stressed, or negligent, it’s the infants who suffer the consequences.

However, it’s plausible that your baby’s injuries stemmed from circumstances beyond anyone’s control. Nonetheless, hospitals aren’t obligated to disclose errors to you. Even if they were, anonymous surveys indicate that 1 in 10 doctors have purposefully concealed mistakes from patients in the past year. Another study revealed that nearly 50 percent of birth injuries are preventable.

The likelihood that your child sustained injuries due to preventable factors is significantly higher than commonly perceived. To prove negligence in a birth injury case, it must be shown that the healthcare provider failed to act as a reasonable professional would under the same circumstances, resulting in serious harm to the mother or child.

What is the Statute of Limitations for Birth Injury Cases in Georgia?

In Georgia, the statute of limitations for birth injury cases initially spans two years from the date of the injury. However, if the injury remains undiscovered within this timeframe, the statute of limitations extends to five years. This extension is particularly crucial for parents of children affected by conditions such as cerebral palsy or brain injuries, given that the full extent of harm caused by brain damage often becomes apparent later in the child’s development.

Once the extended period elapses, filing a claim becomes impossible, regardless of circumstances. Georgia law rigorously adheres to these deadlines. Therefore, if concerns arise regarding a developmental issue stemming from a birth injury, prompt medical assessment is imperative. Should you require assistance in locating a reputable specialist, our Atlanta birth injury law firm is more than willing to facilitate the process.

COMPENSATION FOR BOTH MOTHER AND CHILD – PROTECT YOU AND YOUR CHILD FROM HIGH MEDICAL BILLS ​​​​​- CALL OUR ATLANTA BIRTH INJURY LAWYER TODAY!

According to Georgia law, both the child who suffered the injury and the parents have the right to pursue compensation for a birth injury through damages. Georgia law does not impose any maximum limits or caps on the damages that can be recovered in medical malpractice cases related to birth injuries. The recoverable damages in a Georgia birth injury lawsuit encompass:

1. Economic Damages: Economic damages cover all past and future medical expenses associated with the birth injury, along with any lost or reduced future earnings capacity if the injury renders the child unable to pursue regular employment in adulthood. This category of damages can be substantial in cases involving severe, lifelong injuries such as cerebral palsy.
2. Non-economic Damages: Non-economic damages primarily entail compensation for mental pain and suffering resulting from the birth injury. Both the child and the parents are eligible to receive damages for the emotional distress and emotional suffering caused to the family.

CEREBRAL PALSY BIRTH INJURIES

WHAT BIRTH INJURIES CAUSE CEREBRAL PALSY?

Cerebral palsy is an umbrella for a collection of syndromes and symptoms in a baby or child stemming from hypoxic brain injury (lack of oxygen) during birth. Hypoxic ischemic encephalopathy (HIE) is a specific type of brain injury that can lead to cerebral palsy. A child suffering from cerebral palsy may have cognitive and/or physical abnormalities as a result of a lack of oxygen to the brain during childbirth.

Cerebral palsy is sometimes totally crippling, keeping a child unable to walk, talk or care for himself. Much milder forms of cerebral palsy may manifest themselves as a minor lack of muscular control and coordination. There is much hope for improvement in many cases, with proper therapy and intervention. Children with cerebral palsy affecting their gait have been known to improve so well over time that they eventually ran track in high school.

Early evaluation and intervention are important. Dedicated parents and knowledgeable health care professionals can do a lot to help a child with cerebral palsy cope or overcome it in many cases. Securing the financial resources necessary to pursue your child’s greatest possible improvement is one objective of a birth injury claim when health care professionals were negligent during labor or delivery.

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ERB’S PALSY

Erb’s Palsy is among the most common birth injuries our Atlanta injury lawyers see in Georgia. It is one of the most frequent brachial plexus injuries resulting from birth trauma, often caused by difficult delivery conditions that affect the nerve complex controlling the arm and hand. This condition can leave your child with a lifetime of decreased mobility or in the most tragic of circumstances, paralysis.

Our birth injury attorneys understand the physical pain of Erb’s Palsy, the emotional trauma of Erb’s Palsy and the medical expenses that result from the treatment of this condition. We’re committed to fighting for you and your child.

What birth injuries cause Erb’s Palsy?

Erb’s Palsy is a paralytic condition that results from an unsustainable stretching or straining of the brachial plexus. Your brachial plexus is a nerve cluster that runs from your lower neck through your shoulder and into your arm. It regulates much of the movement of the arm, which obviously makes it an exceptionally important part of your body.The brachial plexus can be damaged in a number of ways, including gunshots, trauma, falls or any action that causes unnatural stretching of your arm and shoulder. By far the most common cause of Erb’s Palsy, however, is trauma at birth.

It’s not unusual for a child to require some deft maneuvering to remove from the mother’s birth canal- a lot can happen to make it difficult for a baby to be birthed in the usual head-first fashion. This work isn’t easy, but it’s sometimes necessary.

However, doctors must be careful when delivering a baby in this way, as too much straining or stretching can damage and even sever the brachial plexus. This can reduce your child’s range of motion and even leave the arm paralyzed.

Obviously, this is a long-term, life-long condition, and your child will always bear the consequences. As such, you have a right to speak with our birth injury lawyers and pursue justice and compensation. We’ll be happy to answer all of your questions and advise you on how best to move forward.

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LABOR AND DELIVERY BIRTH INJURIES

With the evolution of science and technology we have a number of tools that can help diagnose, prevent or assist doctors and nurses in monitoring a fetus. One of the tools that is used is called the electronic fetal monitoring system. When a woman is in labor, she is hooked up to a machine so that the medical professionals can monitor the fetal heart rate. The heart rate provides a gauge to identify patterns and helps to determine if the baby is in trouble. Monitoring fetal health and detecting signs of fetal distress using diagnostic tools like ultrasounds and fetal heart monitoring are crucial for preventing complications and birth injuries. Frequently, birth injuries are related to failure to perform actions in a timely manner. Birth injuries can take on a number of different forms, including:

• Failure to diagnose
• Failure to treat
• Dangerous medications
• Cesarean section errors
• Oxygen deprivation

In cases where fetal distress is detected, emergency intervention may be necessary to prevent further injury.

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NEUROLOGICAL BIRTH INJURIES

Roughly 28,000 birth injuries are reported every year in the United States. There are a number of birth injuries which are caused by poor care in labor and delivery. If any of the injuries result in deprivation of oxygen, the child may sustain a neurological injury. Often in these cases, the injuries are catastrophic because the brain will not grow to the same extent and that will affect the baby’s functioning as he or she grows. Children who have experienced neurological injuries often do not meet the milestones of growth and coordination. Very severe neurological injuries can result in other conditions like paralysis, basic functioning problems and cognitive concerns. In the most severe cases, neurological birth injuries can contribute to infant deaths.

What are some common neurological birth injuries?

Common neurological birth injuries include:

• Hypoxia/asphyxia: lack of oxygen to the brain
• Cerebral palsy: lack of oxygen to the brain that results in cognitive or motor skill problems
• Hydrocephalus: this condition is one where there is an accumulation of fluid on the brain, which can cause neurological problems

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OXYGEN DEPRIVATION LEADING TO BIRTH INJURIES

Birth injuries often involve hypoxia (brain injury due to lack of oxygen) leading to brain damage, cerebral palsy, learning disabilities or developmental delays. Parents may not realize that there is a problem until the child encounters difficulty learning to speak or progressing through the educational system.

In these cases, leading medical experts are often consulted to assess the extent of injury and determine appropriate interventions.

What can cause a lack of oxygen to the baby during labor and delivery?

Common issues which may result in oxygen deprivation for the baby include:

• Hypoxia: If a baby has reduced oxygen, his or her heart rate will respond in certain ways. The response will show up on the electronic fetal monitoring system. The system alerts nurses and doctors to the baby’s struggle. In some cases, by monitoring the baby carefully, medical professionals can prevent damage. However, in cases where monitoring did not occur properly, a child can sustain harm because of negligence.
• Placental abruptions: This occurs when the placenta separates from the uterus completely before the baby is born. This condition prohibits the fetus from receiving the proper nutrients and oxygen and can cause the mother to bleed.
• Umbilical cord problems: Oxygen deprivation can stem from umbilical cord problems as well. If the cord becomes wrapped around the baby’s neck, or if there is too much pressure on the cord, there is a risk that not enough oxygen will reach the infant.
• Uterine rupture: A uterine rupture occurs when the wall of the uterus tears. Often it is at the site of a former C-section and can prevent the baby from receiving the proper oxygen and nutrients.

Conditions such as gestational diabetes and failure to monitor appropriate weight gain during pregnancy can also increase the risk of complications that may lead to oxygen deprivation for the baby.

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NICU (NEONATAL INTENSIVE CARE UNIT) ERRORS

Neonates are babies in their first 28 days of life. Often, if a baby is particularly fragile, or facing some challenges, he or she is placed in the neonatal intensive care unit. Proper medical treatment is crucial for neonates in the NICU to prevent further injury and ensure their safety. Any mistakes with these fragile babies can be life-threatening for them.

There are many ways an infant can be injured in a neonatal intensive care unit. Hospital staff is often overworked and mistakes happen. Unfortunately, these errors can be devastating to your infant’s safety and well-being. We often see the following mistakes:

• Medication errors
• Failure to adequately monitor the baby
• Failure to diagnose or treat jaundice
• Poor ventilation

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THE ANATOMY OF A BIRTH INJURY LAWSUIT IN Georgia

When you suspect your child has sustained injury through medical negligence, swift action is crucial for the best results. An experienced birth injury lawyer can help families navigate the complexities of birth injury claims and maximize the chances of success in an Atlanta birth injury case. Contacting our experienced Atlanta birth injury lawyers as soon as you suspect injury was the result of malpractice allows us to begin working on your case right away, helping to maximize our ability to collect evidence and build a strong case on your behalf.

Birth Injury Information Collection and Case Filing

The first step in a birth injury case will be the collection of information through a free and confidential consultation. Following this first meeting, we will get to work immediately to obtain all relevant medical records, enabling an in-house review by our attorneys and select medical professionals we work with. Following our in-office review, we often consult with leading medical experts in various fields to fully understand the causes of your child’s injury and help prove negligence by establishing whether the accepted standard of care was met. This allows us to file your case with the most complete and compelling information possible.

Our attorneys will also take time to provide you with resources for children with special needs that can help provide services and assistance to help your child flourish.

Gathering Evidence

Once the case has been filed, the discovery process will begin. This will comprise the longest portion of your birth injury case. During discovery, we will conduct interviews, obtain additional information, and hire experts to comb through every detail of your claim. We will also examine evidence being gathered by the defense during the discovery process, and prepare your case for trial. Part of this process involves determining whether the healthcare provider acted as a reasonable professional would under the same circumstances.

Examining the defense is one area in which our birth injury attorneys clearly stand out. We have indeoth knowledge that we apply to tearing the defenses down, helping families struggling with the consequences of medical negligence get the full and fair compensation they deserve.

Negotiating Settlement

Following discovery, we may attempt to reach a settlement during mediation. We have a strong history of securing large settlements and verdicts for victims of medical malpractice. We will not accept any offer without your express desire that we do so. Nor will we accept any offer that is an insult to the severity of the injury your child has suffered.

Our Atlanta Birth Injury Lawyer Will Represent You 

If your case goes to trial, we will fight tirelessly, present compelling evidence, and call on reliable and trustworthy experts to do everything possible to secure a positive verdict. Very few medical malpractice cases end in trial, but at Chance, Forlines, Carter & King, our attorneys prepare every case for this eventuality.

BABIES CAN’T WAIT – Office of child health Program

If your child has a birth injury, there are resources available in Georgia. Babies Can’t Wait is a program developed by the Office of Child Health to provide special assistance, guidance, and support for children born with special needs. The program also supports children with birth defects, which are distinct from birth injuries. A birth defect is a health condition that occurs in the womb due to genetic, chromosomal, or maternal factors, and may require similar resources and support as birth injuries. Operating under the Children and Youth with Special Healthcare Needs’ (CYSHN), Babies Can’t Wait serves all of Georgia’s 18 Health Districts and has assisted nearly 18,000 babies and their families by providing learning opportunities and other services for children who have been diagnosed with a medical condition that will result in developmental delay. Learn more about this program in our blog

HOW OUR ATLANTA, Georgia BIRTH INJURY ATTORNEYS CAN HELP

All medical malpractice cases are complicated. Birth injury litigation is no exception, as it requires a firm understanding of the law and the complexities of neo-natal medicine. As Atlanta medical malpractice attorneys, Chance, Forlines, Carter & King has extensive experience handling complex birth injury cases. Our birth injury lawyers understand the importance of experience and professionalism in this litigation. We have a proven track record of honest dealing with both clients and potential clients.

Our in-depth knowledge of the inner-workings of birth injury defense gives us the unique ability to dissect those arguments, enabling us to be much more effective in our representation of children and their families. We are prepared to do everything needed to protect your family against defense attorneys and insurance adjusters while we fight for every penny you are due.

We will not exploit your grief over the injury your child has suffered to pressure you into unwise litigation. Instead, we will use our decades of experience to look out for your interests and the interests of your child.

Could Your Child’s Birth Injury Have Been Avoided?

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Talk to a Birth Injury Attorney in Atlanta Today

If your child suffered from a birth injury because of the negligence of a medical professional, it is important that you take the time to speak with a birth injury attorney. These cases require lawyers with a great deal of medical and legal knowledge. Our attorneys will work with you to address your claim and handle it with great compassion. Contact us by filling out the form on this page or by calling us at 404-760-7400. We represent clients throughout Georgia including Atlanta, Savannah, Columbus and Augusta. We offer in-person and virtual appointments.

Georgia Birth Injury Resources Available for Everyone

When your family is forced to live with the consequences of a birth injury, it can be very difficult to know where to turn for help. Certainly, hiring an Atlanta birth injury lawyer who can represent your family in legal proceedings and fight for the compensation you will need to carry on will prove helpful, but there are many practical considerations before, during, and even after legal action that can leave many families struggling to make ends meet.

At Chance, Forlines, Carter & King, our Georgia birth injury lawyers are fully dedicated to the health, happiness, and long-term comfort of families dealing with serious birth injuries. No one should be asked to deal with the physical and developmental disabilities caused by birth injury without assistance. Call our Atlanta office at 404-760-7400 to schedule a cost and obligation-free case review where we can provide honest answers about your options and help you choose the best path forward for your family.

RESOURCES FOR CHILDREN WITH SPECIAL NEEDS AND THEIR FAMILIES

One of the most remarkable programs in Georgia for children living with special needs is Babies Can’t Wait. This program provides financial support and assistance for many services including, but not limited to special schooling, adaptive technology, and more services that may be required for children with developmental or physical disabilities.

Designed to help the most vulnerable among us, the Babies Can’t Wait program is open to all children under the age of 3 with an eligible birth defect or developmental disability.

Medicaid, in general, is a good resource for children with disabilities. The Katie Beckett Waiver, in particular, is designed to assist in these cases.

The Katie Beckett Waiver is part of the Tax Equity and Fiscal Responsibility Act/TEFRA. It allows the state to ignore income limits for families with children born with disabilities until those children reach 18 years of age and become eligible for other government services.

Some families choose to start a special needs trust. This type of irrevocable trust allows dependents with special needs to use property held in their name without losing government benefits.

A special needs trust can be very useful in cases where a settlement or verdict results in significant compensation. Placing your child’s settlement in a special needs trust preserves it, allowing him or her to use it as needed throughout their life.

CONSIDER THE COSTS

Children born with special needs often require multiple medical procedures before they are even old enough to walk. Some will need continuing therapy and medical services throughout their lives. Others may require at-home assistance, special schooling, or constant monitoring. All of these things cost money.

Very few families are equipped to handle the extreme financial strain of raising a special needs child, which can be five-times or more higher than raising a child born without a disability. Reaching out for assistance is often essential for avoiding financial ruin.

Utilizing available resources can help ease financial burdens while giving your child the care and services required to lead a happy and fulfilling life.

WE ARE HERE TO HELP

The attorneys at Chance, Forlines, Carter & King are here to help families dealing with birth injury get justice. We can help you find the proper services while building a strong case that seeks fair and full compensation for your child’s needs. Please call us at  404-760-7400 to schedule a complimentary case review and learn more.

Schedule a Consultation Today