Georgia Birth Injury Lawyers
Serving Georgia Statewide
The birth of a baby should be an occasion for celebration for new parents and their families. Unfortunately, avoidable injuries resulting from the labor and delivery process can quickly turn that excitement into grief. Medical staff, including nurses and doctors, are required to carefully monitor both mother and baby during labor and delivery. If the medical staff does not pay attention or does not act quickly when a problem arises, there may be lifelong consequences for the baby.
Birth injury cases can be difficult to navigate and often require expert guidance from a skilled birth injury lawyer who has a deep understanding of both the law and the medical field. At Miller Weisbrod Olesky, our birth injury attorneys available in Georgia are passionate about helping babies injured during childbirth and their families recover the compensation they need to cover the cost of their child’s medical care and other life-long treatment costs.
Service Areas in Georgia
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1-888-987-0005
Our Georgia Birth Injury Lawyers are available to meet you in your home or the hospital.
Atlanta | Savannah | Macon | Augusta
Whether you are already certain that malpractice is the cause of your child’s birth injury, or if you merely suspect this to be the case, we encourage you to reach out to our team of experienced birth injury lawyers, registered nurses, and nurse- attorneys who can investigate the facts of your case and help you determine whether medical negligence of either a doctor, hospital, or other medical professional contributed to your child’s injury.
Recent Birth Injury Settlement:
Birth Injury settlement against a Hospital area hospital in which nurses and physicians failed to detect a uterine rupture during delivery causing an HIE event resulting in seizures, and severe brain damage. Our national birth injury lawyers recovered $9,200,000 for the family to help with future medical expenses and developmental therapy.
Other
Multi-Million Dollar
Settlements
Miller Weisbrod Olesky is different from most Birth Injury Law Firms...We provide help NOW.
Many attorneys focus only on pursuing their client’s legal case. At Miller Weisbrod Olesky, we know your child needs help today – not just when your birth injury lawsuit is settled. We have a team focused on helping our clients NOW when they need it most.
We know that children with birth injuries like hypoxic-ischemic encephalopathy (HIE) and cerebral palsy often require intense therapy, specialized medical treatment, and assistive care. The stress of providing for a birth injured child’s needs can be both emotionally and financially draining.
But just ‘knowing’ this is not enough. We act on this knowledge by providing exceptional services to birth-injured children and their families.
While Miller Weisbrod Olesky’s birth injury attorneys in Georgia aggressively prepare each legal case, another department goes into action to help the families of children we represent. Led by a nurse-attorney, this department acts as a medical case manager for our birth injury clients by:
- Regularly monitoring the child’s medical treatment status,
- Helping facilitate medical treatment and therapy, and
- Arranging transportation and services.
Where necessary, we also help families locate local medical providers specializing in the care and treatment of children who have suffered a birth injury. With Miller Weisbrod Olesky, you’re not just a ‘case’. And that’s important when you’re looking for a lawyer who can help you cope with your child’s needs today.
Please call or email Miller Weisbrod Olesky today to get started.
Registered Nurses and Nurse-Attorneys Are a Vital Part of Our Birth Injury Team … and Yours
Most Birth Injury Law Firms will employ one or two nurses to assist in reviewing cases and medical research. Miller Weisbrod Olesky offers an unmatched number of nurses and nurse-attorney employees support to both the birth injury attorneys and our clients.
Our team of registered nursing staff and nurse-attorneys bring a deep level of medical and personal insight to every client’s case. Working closely with the rest of the team, they investigate the reasons behind a birth injury and how medical professionals breached their standard of care.
But they do much more.
For our clients, our nurses and nurse-attorneys provide valuable support with medical questions and finding healthcare providers.
Medical Mistakes that Lead to Birth Injuries
Healthcare professionals are trained to keep mothers and their babies safe even in the most complex situations that arise during and/or shortly after birth. When doctors and other medical providers miss critical warning signs of fetal distress or fail to respond quickly, it can lead to a devastating birth injury. Families of children who suffered a birth injury may be entitled to compensation to cover the often very significant cost of caring for a child with birth injuries.
The following are some examples of medical negligence that lead to birth injuries:
Medical Negligence Before Birth
- Failure to diagnose or misdiagnosing gestational diabetes in a pregnant mother
- Failure to test for or treat maternal infections such as Group B Streptococcus
- Failure to diagnose and adequately treat pre-eclampsia
- Failure to diagnose an ectopic pregnancy or improperly administering treatment
- Failure to provide proper prenatal care
- Failure to carefully monitor a mother and her unborn baby
- Failure to refer a pregnant woman to a high-risk obstetrician if she requires more specialized care or observation
- Failure to detect fetal macrosomia (a newborn that is larger than average)
- Failure to recognize and respond to signs of premature labor
- Incorrectly prescribing medication or treatment that harms a mother or the fetus
Medical Negligence During Childbirth
- Failure to regularly watch a fetal heart monitor and respond to signs of fetal distress
- Failure to diagnose or treat an umbilical cord complication (umbilical cord prolapse and compression)
- Pulling on the baby's head or neck too hard during a difficult delivery
- Improper use of birth-aiding tools like forceps or vacuum extractors
- Failure to adequately address an abnormally prolonged delivery (failure to progress)
- Delaying or failing to perform a medically necessary cesarean section (C-section)
- Improper administration of labor-inducing drugs (Pitocin and Cytotec) during labor
Medical Negligence After Delivery
- Failure to identify and take the proper steps to respond to postpartum hemorrhage
- Failure to correctly diagnose and treat newborn jaundice before it progresses to kernicterus
- Failure to diagnose and provide treatment for neonatal hypoglycemia
- Discharging the mother and her newborn too soon
- Failure to treat neonatal infections (sepsis, meningitis, group B streptococcus, e-coli)
- Failure to test the mother and her newborn for blood type incompatibility
- Failure to carefully monitor the baby's vital signs (i.e., pulse, temperature, respiratory rate)
- Failure to prevent uterine rupture or perform an emergency C-section when a uterine rupture occurs
- Failure to treat neonatal seizures
- Failure to properly diagnose HIE and provide hypothermia therapy
- Failure to transfer the infant to the neonatal intensive care unit (NICU)
- Failure to properly care for vaginal tears or rips
- Delaying in performing neonatal resuscitation
The mismanagement of any of these conditions can lead to a serious birth injury that necessitates a lifetime of special treatment and care. Our dedicated birth injury lawyers in Georgia can help file a claim against the negligent party or parties responsible for your child’s birth injury and evaluate the potential damages in your case to determine how much you may be eligible to recover.
Common Birth Injuries Caused by Medical Negligence
Medical negligence can cause a variety of different birth injuries in babies. Depending on the severity of the birth injury, a child may suffer from a permanent disability that lasts throughout their lifetime. If your baby has suffered birth injuries, you should be aware of how these injuries can develop and what legal steps you can take to recover compensation for the cost of your child's care and other losses.
Here are some of the most common types of injuries a baby can suffer due to medical malpractice:
Hypoxic and Ischemic injuries
Trauma to an infant's brain caused by negligent care before, during, or after birth can cause a baby to become deprived of oxygen (hypoxia or asphyxia) or lead to reduced blood flow (ischemia) to the fetus. Oxygen and blood flow decreases can result in a baby developing Hypoxic-Ischemic Encephalopathy (HIE).
HIE is a severe brain disorder that may be caused by:
- Prolonged pressure on the brain during contractions that last for an abnormally long period of time.
- Umbilical cord problems like the umbilical cord becoming prolapsed and compressed by the fetus and womb.
- The misuse of labor-inducing drugs like Pitocin and Cytotec often causes frequent contractions (uterine tachysystole) that can cause a baby to experience dangerous levels of oxygen deprivation.
- A complication of pregnancy known as preeclampsia is characterized by high blood pressure and protein in the urine. When a doctor fails to detect and adequately treat preeclampsia, the baby may experience reduced blood flow and develop HIE.
- Babies born prematurely are more prone to having blood flow issues to the brain and intracranial hemorrhages due to the immature development of their brain and other organs.
According to a study published by the National Library of Medicine (NLM), approximately 60% of infants affected by HIE will have severe disabilities, including epilepsy, cerebral palsy, developmental delays, and cognitive impairments. Medical professionals should closely monitor a mother and her baby during pregnancy and adequately manage any pregnancy-related complications that arise to help prevent HIE.
Failure to Detect and Respond to Fetal Distress
When a doctor or other medical professionals fail to detect and respond to signs of fetal distress, it can lead to devastating birth injuries like cerebral palsy, Hypoxic-Ischemic Encephalopathy, anoxic and hypoxic brain injuries, and even stillbirth. Fetal heart rate monitoring allows healthcare providers to measure a baby's heart rate and rhythm. If the fetal heart rate signals that the baby is in fetal distress, doctors and other healthcare providers must intervene immediately to prevent oxygen deprivation and reduced blood flow to the baby's brain.
When a baby suffers from a complete lack of oxygen (asphyxia) or decreased oxygen (hypoxia), it can cause the baby to suffer a severe birth injury, including hypoxic-ischemic encephalopathy, CP, and metabolic fetal acidosis. Monitoring a baby during labor and delivery with electronic fetal monitoring equipment is also critical to detect whether or not fetal bradycardia is occurring.
A slow and irregular heart rhythm is the most common indicator that the baby is suffering from fetal distress. If a medical provider fails to notice abnormalities in heart rate and/or delays treatment when fetal distress is detected, it may lead to serious long-term effects, including brain damage, paralysis, hypoxia or anoxia, and cerebral palsy.
Misuse of Pitocin
Pitocin is administered to either strengthen or induce contractions during the labor and childbirth process. For example, a medical professional may decide to induce labor with Pitocin when a mother has maternal diabetes, preeclampsia, or failure to progress. If Pitocin is improperly administered, a pregnant mother may begin having contractions that are too strong and/or close together.
Excessive uterine activity (uterine tachysystole) can deprive a fetus of oxygen and lead to emergency complications like uterine rupture, which may be life-threatening and result in long-term outcomes for the baby, including hypoxic-ischemic encephalopathy, cerebral palsy, and seizure disorders. Medical professionals should immediately lower the dosage of labor-enhancing drugs or stop administration entirely when a woman shows signs of uterine tachysystole to prevent fetal oxygen deprivation.
Prolonged or Arrested Labor
Allowing labor to continue for too long can be dangerous for a mother and her baby. Prolonged labor refers to labor that lasts over 20 hours for first-time mothers and over 14 hours for mothers who have previously given birth. Arrested labor, also known as failure to progress, occurs when the delivery process stops completely.
When a medical professional fails to diagnose or respond to labor that progresses too slowly or stops altogether, the baby can suffer an intracranial hemorrhage, fetal distress due to oxygen deprivation, and be at risk for developing long-term injuries such as cerebral palsy, HIE, and seizure disorders.
Mistakes shortly after Birth
Examples of acts of medical negligence occurring shortly after birth include failure to promptly identify and properly treat neonatal hypoglycemia, newborn jaundice, uterine ruptures, and respiratory distress syndrome, which can cause devastating injuries to a mother and her newborn.
Some examples of complications that may arise from mistakes shortly after birth are hypoxia or anoxia, leading to brain injuries such as, cerebral palsy, Erb's palsy, and HIE. After birth, medical professionals are responsible for monitoring and responding to any complications that may arise to prevent harm to a mother and her infant.
Head Injuries
Bruises and swelling can happen when too much pressure is put on the baby's scalp, typically during a prolonged or difficult delivery. Swelling can also occur when a doctor or other medical professional improperly or negligently uses a vacuum extractor or forceps to assist with difficult vaginal delivery.
When a physician misuses instruments like forceps or vacuum extractors, it can leave scratches on an infant's scalp. Minor bruising and scratches usually heal on their own unless they become infected. Serious injuries caused by brain swelling and brain bleeds, like cephalhematoma, intracranial hemorrhage, and subgaleal hemorrhage, are commonly caused by trauma to the head resulting from improper use of birth-aiding tools (forceps, vacuum extractors).
How Can Birth Injuries be Prevented?
While it is not always possible to prevent every complication that arises from childbirth, doctors and other healthcare professionals can reduce risks of pregnancy-related complications by closely monitoring the mother and baby for warning signs and responding immediately with proper treatment.
Some of the most important aspects of birth injury prevention include:
- Providing proper prenatal care
- Detecting and responding to signs of fetal distress
- Taking measures to suppress preterm labor
- Performing an emergency C-section if complications arise
- Delivering the best care to NICU babies, including neonatal resuscitation
What Early Treatment Options Minimize Birth Injuries?
Some treatment options that can help potentially prevent or minimize the severity of a birth injury are:
- A cervical cerclage to prevent premature birth due to incompetent cervix
- Therapeutic hypothermia to slow down the spread of damage that occurs to the brain after a birth injury
- Betamethasone a type of corticosteroid that minimizes the risk of serious respiratory problems in preterm infants and reduces the risk of intracranial hemorrhages, cerebral palsy, and neonatal seizures.
In treating a birth injury, time is of the essence, and the sooner a child receives treatment and therapy, the better their chances of being able to comfortably adapt to the world around them. Each birth injury is unique, and the recommended treatments and therapies will depend on the type of injury sustained as well as the severity. A team of knowledgeable physicians like neonatologists and therapists can provide you with advice on which treatments may be best for your child and build a personalized care plan.
What Are Treatment & Therapy Options for Birth Injuries?
Standard treatment options used for birth injuries include:
- Adaptive Equipment: Children with hypoxic-ischemic encephalopathy (HIE), cerebral palsy, and spinal cord injuries can benefit from adaptive equipment like crutches, braces, wheelchairs, and catheters. Hearing aids, automated speech generators, and communication boards can help a child with cerebral palsy express their needs and feelings.
- Medications: Children with cerebral palsy can significantly benefit from medication (Baclofen) that reduces spasms and seizures. Additionally, muscle relaxers (Dexmedetomidine) can make a child with a spinal cord injury more comfortable and relaxed during physical therapy. In children with mild to moderate spastic cerebral palsy, Botox can reduce muscle tightness.
- Occupational Therapy: Children with shoulder dystocia, Erb's palsy, sensory processing disorders, and traumatic injuries to the brain and spinal cord can practice their fine motor skills and be better able to perform daily activities with the help of occupational therapy. An occupational therapist can teach your child to perform basic tasks such as brushing their teeth and establishing daily routines that promote independence.
- Physical Therapy: Children with Erb's palsy can build muscle strength and increase their range of motion with physical therapy. Physical therapy can also help improve mobility and minimize pain for children with cerebral palsy and other physical issues caused by a birth injury.
- Speech-Language Therapy: Children with cerebral palsy and other feeding and communication issues resulting from birth injuries may benefit from working with a speech-language pathologist. A speech therapist can help your child express their emotions, improve their communication skills and feeding, and strengthen the muscles involved in speech and oral motor skills. Augmentative/alternative communication devices can also help children develop their ability to share their thoughts with other people.
- Surgery: Children suffering from severe nerve damage or fractures may require surgical intervention. A doctor may recommend surgery to reverse the effects of spinal cord injuries caused by negligent care during labor and delivery. Hip muscle release surgery can alleviate pain and prevent dislocation in children with cerebral palsy who develop hip subluxation. A surgeon may also recommend a Selective Dorsal Rhizotomy (SDR) for children who are affected by spasticity.
When you think of healthcare professionals that could be held liable in a birth injury malpractice lawsuit, you might automatically think of doctors and nurses. In addition to doctors, defendants in a medical negligence lawsuit can be any healthcare provider or medical facility that causes harm or injury to a patient. Our skilled birth injury lawyers in Georgia can investigate the facts of your case and determine who may be responsible for your child's birth injury.
Medical Negligence Prevalence Leads to Birth Injuries
Unfortunately, birth injuries are quite common in Georgia. In fact, according to the Centers for Disease Control and Prevention (CDC), approximately 378,000 babies are born in Georgia each year, and 2,646 of those babies suffer from birth injuries. It is evident from birth injury statistics that these situations happen far too often and cause children and their families a great deal of pain and suffering.
Key health indicators:
Fertility Rate 60.7 (births per 1,000 women 15-44 years of age) Teen Birth Rate 20.3 (births per 1,000 females 15-19 years of age) Infant Mortality Rate 5.29 (infant deaths per 1,000 live births) Life Expectancy (at Birth) 76.5 years (2020)
Georgia Birth Injuries
Every year, there are about 124,073 births in Georgia. In Georgia, there were approximately 7 infant deaths per 1,000 live births. The infant mortality rate in Georgia in 2022 was one of the fourth worst in the nation.
Although over 30 states saw slight increases in infant mortality rates in 2022, Georgia's overall infant mortality increased by 13% compared to 3% nationwide. Birth defects (18.7%), preterm births (19.4%), and low birth weight (18.7%) are the leading causes of infant mortality in the state. The term "birth defect" refers to any health condition present at birth that impacts at least one part of the body. It is estimated that 1 in 6 infants die from birth defects in Georgia. Maternal hypertension, diabetes, and exposure to certain medications are common risk factors for birth defects.
Children are most likely to suffer fatal birth injuries within the first 28 days after birth. Based on a state summary published by March of Dimes for Georgia, 769 infants died before their first birthday in 2020. Within the first 28 days after birth, most infants who die suffer from conditions or diseases associated with inadequate treatment and care.
Even though most births go according to plan, medical errors are the leading cause of accidental death in the United States. According to a study performed by the Healthcare Cost and Utilization Project, almost 157,700 injuries were potentially avoidable to mothers and newborns in a single year. According to obstetric (OB) claims data, 40% of obstetric claims are attributed to labor management negligence.
The most common examples of medical negligence that occur before, during, or after delivery are failure to monitor the mother and fetus while administering labor-inducing medications, failure to identify and respond to a non-reassuring fetal heart rate (NRFHRS), as well as failure to recognize and address obstetric emergencies. Approximately 41% of OB claims involving birth injuries included neurological or brain damage, and 34% resulted in fetal death. The incidence of maternal and neonatal complications was significantly higher among vacuum-assisted deliveries.
Women between the ages of 25 and 34 were most likely to sustain birth injuries caused by assistive delivery tools (such as forceps or vacuum extractors). In vaginal deliveries without assistive delivery tools, mothers aged 15-17 have the highest risk of birth injuries. Subgaleal hematoma (a life-threatening brain bleed) was the most common neonatal complication in 0.6% of vacuum-assisted deliveries. Preterm birth, intrapartum complications like birth asphyxia, and maternal infections are among the leading causes of neonatal death.
Birth Injury Risk Factors
Premature Birth
A preterm birth occurs when a baby is born before 37 completed weeks of pregnancy. Babies who are born prematurely may have more health problems and require special medical care in the NICU. Long-term conditions linked to premature birth include cerebral palsy (CP), mental health conditions like depression, and neurological disorders that affect the brain and spinal cord may not show up for years.
March of Dimes estimates that 1 out of 10 babies in the United States are born prematurely, causing lifelong complications. Among Georgia's births in 2022, 11.9% were premature. The preterm birth rate worsened from last year, earning it an overall "F" on March of Dimes' annual report card. In addition to preterm birth, low birth weight places infants at an increased risk of delivery complications. In 2022, 10.6% of live births born in Georgia had low birth weights. The rate of low birthweight increased by 14% in the state between 2012 and 2022. Georgia had a 2.6% higher rate of babies born with low birthweight than the national average (8%).
Cerebral Palsy (CP)
One of the most common consequences of birth injuries is cerebral palsy. There are several symptoms associated with this condition, including muscle spasms, weak muscles, and problems with motor development. In the United States, 8,000-10,000 babies and children are diagnosed with cerebral palsy each year. Cerebral palsy can develop in utero but can also develop after delivery. It is estimated that 10%-20% of cerebral palsy cases are caused by birth injuries. A birth injury is the primary cause of cerebral palsy in approximately 800 to 2,000 children.
Hypoxic-Ischemic Encephalopathy (HIE)
When hypoxic-ischemic events occur during pregnancy, delivery, or immediately after birth, oxygenated blood is unable to reach the infant's brain. Despite significant advances in childbirth management, HIE rates have increased from 1.5 to 2.5 per 1000 live births in developed countries.
Jaundice and Kernicterus
Approximately 60% of full-term babies and 80% of preterm babies develop jaundice during their first week of life. A severe case of jaundice could result in kernicterus, a rare but dangerous form of brain damage that could lead to cerebral palsy if left untreated. The incidence of kernicterus is estimated to be 1 out of 40,000 live births in developed countries.
Maternal Infections
Infections during pregnancy may cause birth injuries, resulting in long-term brain damage and possibly cerebral palsy. A study of 6 million births over 11 years found that infections are twice as common among mothers of children with cerebral palsy (13.7% vs. 5.5%).
Birth Asphyxia
Birth asphyxia is one of the leading causes of infant death and illness worldwide. In developed countries, 2 out of every 1,000 births result in asphyxia during birth, but it is up to 10 times more common in developing nations with limited access to maternal and neonatal care. About 15-20% of those affected die during birth, and 25% suffer permanent neurological damage. Brain damage is the most common birth injury caused by asphyxiation. Although not all of these deaths could have been prevented, some could have been if medical staff had responded differently.
Prolonged/Arrested Labor
Prolonged labor carries risks for both mother and child, including oxygen deprivation, permanent injury, hemorrhaging, and infection. If initial interventions fail, medical professionals must be prepared to perform an emergency C-section delivery in order to avoid harm to the infant from prolonged labor. Prolonged labor affects approximately 8% of all women giving birth and is three times more likely to affect first-time mothers.
Fetal Macrosomia
More than 10% of all pregnancies in the United States are complicated by fetal macrosomia, defined as a birth weight greater than 4000 grams (8 pounds, 13 ounces). Infections, postpartum hemorrhages, prolonged labor, severe perineal tears, and complications associated with anesthesia are all life-threatening complications associated with macrosomia. Macrocosmic fetuses are more likely to suffer from perinatal asphyxia, clavicular fractures, and shoulder dystocia, according to the American College of Obstetricians and Gynecologists (ACOG).
Our Georgia Birth Injury Attorneys understand that the stress of providing the care and treatment your child needs after a birth injury can be emotionally and financially taxing. While our medical negligence lawyers prepare your birth injury care, our exceptional team of nurse-attorneys will regularly monitor your child's medical treatment status, help facilitate treatment and therapy, and arrange transportation services.
Additionally, we can help your family find medical providers specializing in the care and treatment your child needs. Children with birth injuries like cerebral palsy and hypoxic-ischemic encephalopathy often require intense therapy, medical treatment, and life-long care. Let us fight to maximize the value of your settlement and represent your best interests.
Who Can Be Held Responsible for Medical Negligence?
Doctors, nurses, hospitals, and other medical professionals have a duty to provide a mother and her baby with the best possible care at all times. When health care providers and hospitals fail meet the required standard of care, they may be held liable for medical negligence. Several parties may be held liable for a child's birth injuries, and in some cases, liability may be shared among multiple parties.
Here are some examples of healthcare providers and/or entities that may be held liable for medical negligence:
- Obstetricians (OB-GYN)
- Other obstetric professionals
- Anesthesiologists
- Pediatricians, including pediatric neurologists
- Midwives
- Nurses
- Labor and delivery nurses
- Neonatal nurses and aids
- Radiologists
- Neonatologists or pediatricians providing neonatal care
- Respiratory therapists
- Hospitals and medical facilities
- Hospital administrators
- Other hospital staff members
- Maternal-fetal medicine physicians and specialists (MFM)
- Laboratory staff
Hospitals may be held "vicariously" if a patient suffers harm due to the negligent actions of their employees. For example, hospitals may be held vicariously liable for a doctor's failure to monitor a mother and her baby before, during, or after delivery. A hospital may also face direct liability for its own negligent actions or omissions. For instance, hospitals may be liable for failing to staff certain units properly or for labeling medication improperly.
When bringing a medical malpractice claim against a negligent healthcare provider, the plaintiff (injured party) must present sufficient evidence to show that the defendant (healthcare provider) breached their duty of care and caused the plaintiff to suffer an injury. Our Birth Injury Lawyers in Georgia have handled cases against major hospitals.
Four Elements of Medical Negligence in a Birth Injury Case
When a child and their family have been affected by sub-standard medical care, pursuing a medical malpractice lawsuit against the negligent doctor, hospital, nurse or other medical professional can help them recover compensation to cover the cost of their child's current and lifelong needs. If you decide to file a birth injury claim, your Georgia Birth Injury Attorney will have the burden of presenting evidence to prove that your child's birth injury was caused by medical malpractice.
Four Key Elements established in a medical malpractice claim related to a birth injury:
- Duty of care: The plaintiff (pregnant mother) must establish that they had an existing relationship with the physician or other healthcare provider. Once this has been established, the doctor has a duty to provide reasonable care to a mother and her child during childbirth.
- Breach of duty of care: The physician failed to provide an expected standard of care that another medical professional would have provided under the same or similar circumstances. This is what is known commonly as “medical negligence” or “medical malpractice”.
- Causation: The doctor's breach of duty (negligence/malpractice) was a cause or contributing cause of the birth injury.
- Damages: The doctor's negligence caused the child to suffer compensable damages (i.e., lost income, the cost of medical care, disability, mental anguish and pain and suffering).
Establishing these legal elements requires testimony from expert witnesses. Medical professionals with extensive experience in the relevant field and knowledge of accepted practices within that specialty can offer invaluable insight as expert witnesses and play a critical role in determining whether negligence occurred. A qualified birth injury law firm like Miller Weisbrod Olesky work with highly regarded experts across the United States.
Our dedicated birth injury lawyers can find out who is at fault for your child's injuries and hold them accountable for their actions. Your attorney will begin investigating the facts of your case as soon as possible and gather all relevant evidence to support your claim.
Types of Evidence Required in Birth Injury Cases
Compiling evidence that demonstrates the harm your child has endured due to a medical provider's negligent care is essential to substantiating the cause of your child's birth injury and building the strongest case possible. If you're considering filing a birth injury claim, the types of evidence you may need will ultimately depend on the specifics of your case.
Be sure to gather up your child's medical records and keep notes on any doctor's appointments, medications, therapy, and records of any communication you have had with your physician and/or the hospital. If you do not know how to gather these records, quickly hiring a expert birth injury attorney like those at Miller Weisbrod Olesky can gather these records on your behalf.
Common Types of Evidence Your Georgia Birth Injury Lawyer will gather on your behalf:
- Medical records of the baby's birth injury and any follow-up care
- The mother's medical records during pregnancy, labor, and delivery
- Witness interviews from anyone involved in the delivery (obstetricians, nurses, and other medical professionals)
- Test results, X-rays, and MRI scans
- Expert testimony from medical experts in the same or related field, financial experts, actuaries, and life-care planners
- The estimated cost of any future treatment the child will need
- Previous complaints filed against the medical professional
- Invoices, check stubs, or work schedules showing income you've lost as a result of your infant's injury
- The medical professional's employment and disciplinary records
- A detailed account of the events that occurred before, during, or after delivery
- Physician, nursing, and operative notes
- Records detailing the administration of any medication
- Photos and videos of the labor, delivery and even your child's injuries
- Documentation that describes co-existing conditions or complications
- Medical bills for any injury-related costs
- Other bills and receipts showing any additional costs you've incurred
- Hospital orders, policies, and records
Our birth injury attorneys will consult with one or more expert medical witnesses who can demonstrate how a doctor, hospital, or other healthcare providers actions or failure to act led to your child's birth injury. Expert testimony is typically required to establish the standard of care a reasonable medical professional in the same specialty would have provided in a similar or the same situation.
We will also consult with physicians and life care planners as well as economists who can provide an opinion regarding your child's long-term medical needs and diminished ability to earn income in the future due to the injury. In pursuing compensation, strong evidence is crucial to prove liability and demonstrate the extent of the harm caused by the medical provider's negligence.
Available Compensation in a Birth Injury Lawsuit
The compensation you could receive if your child has suffered a birth injury due to medical negligence can help you cover expenses associated with your child's injury, including the cost of lifelong care. The settlement amount you may be awarded in a birth injury claim will depend on several factors, including the level of medical negligence that took place. Damages in birth injury cases are generally divided into two categories: economic and non-economic losses.
Economic damages include any direct financial losses you or your child have suffered as a result of the birth injury.
Economic Damages Include
- Medical bills and life care expenses (including the cost of any future medical care)
- Rehabilitation and therapy costs (occupational, physical, speech, behavioral, and cognitive)
- The cost of attendant and home health care
- Parents loss of income or wages due to caring for their child if they are unable to or must take time off work (including future loss of income)
- The cost of medication
- The cost of adaptive equipment and technology (hearing aids, specialized keyboards, and wheelchairs)
- Lost future earning capacity (if the child's birth injury impacts the child's ability to work in the future)
- The cost of special education and tutors
- Home and vehicle modification costs (such as ramps or accessible bathrooms)
- The cost of surgery or other specialized treatment
- The cost of diagnostic testing
Non-economic damages are meant to compensate birth injury victims for more subjective forms harm such as pain and suffering or emotional distress.
Non-Economic Damages Include
- Pain and suffering
- Diminished quality of life
- Disability and Physical Impairment
- Disfigurement, and permanent scarring
- Mental Anguish
- Anxiety, depression, or post-traumatic stress disorder (PTSD)
- Loss of consortium
Punitive or exemplary damages may be awarded when the at-fault party's conduct is grossly negligent, reckless, intentional, or malicious. These damages are designed to punish the negligent healthcare professional for their extreme carelessness or disregard and deter others from making the same mistakes in the future.
Some of the factors that may be considered in determining the amount of compensation you may be awarded include the severity of your child's birth injury, the extent of economic losses you've incurred, and the long-term effects of the injury on your child's quality of life. To determine the potential amount you're owed, a Georgia birth injury lawyer will investigate the details of your case and determine which damages apply in your case. It is crucial to remember that the statute of limitations sets the maximum time you have to initiate legal proceedings. Missing the deadline could prevent you from filing a lawsuit altogether.
Statute of Limitations in Georgia Birth Injury Cases
Statutes of limitations (SOL) are set by law or statute in each state. They dictate the time period by which a lawsuit must be filed. The clock usually begins ticking at the date of injury. However, the statute of limitations sometimes starts when the injured person knew or should have known about the injury. Determining when a statute of limitations starts running is often tricky and best handled by an experienced attorney.
The standard statute of limitations for a medical malpractice lawsuit in Georgia can be found at section 9-3-71 of the Georgia Medical Malpractice Code, and it reads "an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred".There are exceptions to these general rules so please contact our Birth Injury Attorneys today so we can determine the statute of limitations that applies to your child’s specific case. Different (or even shorter) statute of limitations may apply if your child was born in a state or U.S. government hospital. These may include a military hospital or a federally funded hospital or clinic involved in the care of you or the expectant mother prior to birth. These rules can be very tricky and confusing, so do not hesitate to contact our Georgia Birth Injury Lawyers so we can determine what exact statute of limitations applies to your case.
If the statute of limitations runs out in your case, you may miss your chance to recover compensation for your child. The discovery rule is one such exception that allows an injured victim to bring a lawsuit against a negligent hospital or medical professional as soon as the injury is discovered or should have been reasonably discovered. It is also essential to keep in mind that the statute of limitations varies by state and the type of claim being filed.
Miller Weisbrod Olesky Is Different from Most Law Firms.
Many attorneys focus only on pursuing their client's legal cases. At Miller Weisbrod Olesky, we know your child needs help today – not just when your birth injury lawsuit is settled. Our team focuses on helping our clients NOW when they need it most.
We know that children with birth injuries like hypoxic-ischemic encephalopathy (HIE) and cerebral palsy often require intense therapy, specialized medical treatment, and assistive care. The stress of providing for a birth-injured child's needs can be both emotionally and financially draining.
But just 'knowing' this is not enough. We act on this knowledge by providing exceptional services to birth-injured children and their families.
What Can Our Georgia Birth Injury Lawyers Do for You?
As Birth Injury Lawyers, we fight to get justice for our clients. We believe in holding negligent medical professionals accountable for their negligence. We do this by:
- Discussing your case with you in detail
- Using our extensive resources to investigate your baby's records thoroughly
- Providing nurse-attorneys and nursing staff who understand what has happened medically
- Consulting with experts who understand how you and your child should have been treated
- Seeking compensation for your baby's injuries from the people who caused them
Miller Weisbrod Olesky's Dedication to Clients
How You Can Get Started Today
Was your child born with a traumatic birth injury? Do they have severe disabilities and struggles that are financially and emotionally exhausting? Medical malpractice and preventable medical mistakes could be the cause of your child's injury. If so, we can help.
Schedule a free consultation with one of our experienced Birth Injury Attorneys. We have the skills and resources to investigate your potential claim. Our registered nurses and nurse-attorneys on staff provide a deeper understanding of medical issues and an unmatched level of care to our clients.
And we don't get paid until we win your case. Call (888) 987-0005 to get started or send us a completed contact form.
As experienced Birth Injury Attorneys in Georgia, we have obtained verdicts and settlements for clients like you. The millions of dollars our clients received were used for therapies, treatments, assistive devices, caregivers, and planning for the future. Don't hesitate to get in touch with us today to discuss your unique circumstances.
Contact Our Georgia Birth Injury Lawyers Today
Miller Weisbrod Olesky is a nationally recognized birth injury law firm helping families in Georgia who face the devastating consequences of birth injuries caused by medical malpractice and negligence.
We diligently investigate the facts and hold responsible parties accountable by pursuing medical malpractice claims throughout the state. The compensation our clients receive helps them pay for their child’s current and future medical treatment, assistive technology and equipment, and the other expenses associated with caring for a Birth Injury.
Birth injury lawsuits are complex. Our Birth Injury Lawyers in Georgia focus on providing experienced, skilled representation to get the best results for our clients. Our track record of successful settlements and verdicts speaks for itself. If your child suffered from a birth injury because of the negligence of a doctor, hospital, or other medical professional, reach out to our Georgia Birth Injury Attorneys, who are dedicated to holding all parties responsible for your child’s birth injury and protecting your best interests. Call our toll-free line at 888-987-0005 or fill out our online form to set up your complimentary case review.
Birth Injury Support Groups and Resources in Georgia
For families who are coping with the effects of a birth injury, utilizing available resources and joining support groups can be extremely helpful in easing the emotional impact of birth trauma and the child's resulting needs. When your family is forced to deal with the devastating aftermath of a birth injury, support groups provide a safe space for you to share your experiences, fears, and frustrations while also receiving empathy and understanding from others who have gone through similar situations.
Families can find solace and strength in their journey toward healing and acceptance by connecting with others who can relate to their struggles. A remarkable program for children with special needs in Georgia is Babies Can't Wait. Children with developmental or physical disabilities can receive support and financial assistance through this program to pay for adaptive technology, special education, and additional services. Babies Can't Wait offers assistance to children under three with a qualifying birth defect or developmental disability.
- Georgia STABLE Accounts
- Georgia Vocational Rehabilitation Agency
- Center for Inclusive Design and Innovation (CIDI)
- Best Buddies in Georgia
- Brain Injury Association of Georgia
- Georgia Department of Behavioral Health and Developmental Disabilities
- Special Healthcare Needs Parent 2 Parent of Georgia
- Epilepsy Foundation of Georgia
- Easter Seals of North Georgia
- Learning Disabilities Association of GA
- Georgia Department of Special Education
- Georgia Association on Higher Education and Disability
- Georgia Parent Mentor Partnership
If you have a child or care for a child who has suffered a traumatic birth injury, taking advantage of the various resources and support groups available can help you take positive steps toward coping with the social, emotional, physical, and financial effects of serious birth injuries. The birth injury attorneys at Miller Weisbrod Olesky can help you find the appropriate resources, information, and services while seeking full and fair compensation for all your child's and family's needs.