About Birth Injury Lawsuits
- Birth injuries occur when a healthcare professional’s negligence during delivery causes harm to a newborn. These injuries can result from improper use of medical tools, delayed cesarean sections, or failure to monitor the baby, potentially leading to serious conditions such as cerebral palsy, spinal cord injuries, or even death.
- To hold medical professionals accountable, families must demonstrate that the standard of care was breached and that this directly caused the child’s injury. A skilled birth injury attorney can gather evidence, and expert testimony, and investigate the incident to establish liability.
- While Georgia law typically allows two years to file a birth injury lawsuit, the statute of limitations can be extended if the injury is discovered later. Parents are encouraged to contact an attorney as soon as they suspect medical negligence to ensure legal deadlines are met.
Why Hire CSS for a Birth Injury Lawsuit
At Childers, Schlueter & Smith, we understand how life changing a birth injury can be for your family. These cases require legal expertise and a deep understanding of the medical issues involved. Our Atlanta birth injury attorneys work closely with medical experts to investigate your claim and ensure no detail is missed. We aggressively advocate for our clients, holding negligent healthcare providers accountable and fighting to secure the compensation your family deserves. Whether through negotiations or courtroom representation, our team is dedicated to achieving the best possible outcome for your case.
We know that every birth injury case is unique, so we offer personalized legal strategies tailored to your family’s needs. At CSS, we combine legal expertise with compassionate care, supporting you through every step of the process. With a proven track record of success, we’ve helped families recover compensation that ensures their children receive the care and resources needed for the future. Let us be your advocate and help you seek justice. Contact Childers, Schlueter & Smith today to schedule a free consultation and take the first step toward holding those responsible accountable.
What is a Birth Injury?
Parents are protective of their children from the moment they find out they are expecting a baby. As such, finding out that your newborn sustained an injury prior to or during the birthing process due to the negligence of a medical professional is understandably devastating.
A birth injury is any harm to a newborn resulting from an act of medical negligence. These incidents generally occur as the result of failure to properly respond appropriately to red flags before birth and during the birth itself as the baby moves through the mother’s birth canal. It is important not to confuse birth injuries with congenital disabilities, which stem from genetic disorders.
Acts of negligence can lead to severe medical conditions in newborns, such as perinatal hypoxia, spinal cord damage, cerebral palsy, and death. When a baby sustains birth injuries because of a medical professional’s error, the parents, as the child’s guardians, are able to file a lawsuit and pursue compensation with the help of a skilled local attorney.
Establishing Fault in Childbirth Accident Cases
The court holds healthcare professionals to a certain standard of care. To establish fault, a claimant must establish that the medical professionals failed to exercise that degree of care and caused the child’s injuries. Some of the most common acts of negligence that lead to birth injuries include:
- Improper or forceful use of forceps
- Improper use of vacuum
- Misinterpretation of test results
- Misdiagnosis or failure to diagnose the mother’s or child’s medical conditions
- Delay in ordering a caesarian section
- Failure to properly monitor the baby
A medical malpractice attorney in Atlanta could investigate a potential childbirth injury claim and help establish liability.
Time Limit for Filing a Lawsuit in Atlanta
The Official Code of Georgia Annotated § 9-3-73 generally allows injured patients to file a claim against a negligent medical professional within two years of the date of the incident. However, in birth injury cases, the statute of limitations may be extended for a period of time.
There are many situations in which birth injuries are not apparent for years after the birth of a child. In these cases, if the parents can prove that despite due diligence, they did not find out about the birth injury until much later, the court may extend the statute of limitation deadline. A childbirth accident lawyer could work with parents to file all legal documents before the applicable deadlines. These deadlines require complex analysis and it is best to contact an attorney as soon as you recognize negligence may have caused injury to your child.
Meet With an Atlanta Birth Injury Attorney Soon to Discuss Your Case
The birth of your child should be a joyous event for your family and friends. If incompetence, carelessness, or negligence led to an accident before or during the birthing process, you may be able to take legal action.
Our Atlanta birth injury lawyers have the knowledge and resources to investigate the details of your case and fight for the best potential outcome. Contact us today to schedule a consultation and get started.
Frequently Asked Questions
A birth injury can occur to a newborn during or just before birth due to medical negligence. This can include physical trauma, oxygen deprivation, or other severe conditions.
Medical errors cause birth injuries during pregnancy or delivery, whereas congenital disabilities stem from genetic disorders or conditions present before birth.
Examples of medical negligence that can lead to birth injuries include improper use of delivery tools like forceps or vacuums, delayed cesarean sections, failure to monitor the baby’s vital signs, or misinterpretation of test results.
Proving negligence in a birth injury case requires demonstrating that the healthcare provider deviated from the accepted standard of care, which directly caused your child’s injury. An experienced birth injury attorney can help by gathering evidence and expert testimony.
Compensation can cover medical expenses, rehabilitation costs, pain and suffering, emotional distress, and loss of future earning capacity for your child.
Generally, you have two years from the date of the injury. However, if the injury isn’t discovered until later, the statute of limitations may be extended.
Not all birth injury cases go to trial. Many are settled out of court through negotiations. However, your attorney will be prepared to take the case to trial if a fair settlement cannot be reached.
Most birth injury lawyers, including Childers, Schlueter & Smith, work on a contingency fee basis, meaning you pay nothing upfront. The attorney only collects a fee if they successfully recover compensation for your case.
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