The #1 Atlanta Birth Injury Lawyer

Written By:
Picture of Nathan Whittenburg

Nathan Whittenburg

Owner & Attorney - Atlanta Personal Injury Law Firm

This article has been written and reviewed for legal accuracy and clarity by the team of writers and legal experts at Atlanta Personal Injury Law Firm and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced Georgia personal injury lawyer, Nathan Whittenburg, you can do so here.

Atlanta Personal Injury Law Firmย does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.

Do You Qualify for a Birth Injury Claim?

An Atlanta birth injury lawyer from First Class โ€“ The Atlanta Personal Injury Law Firm can help families seek justice when a child is harmed by medical negligence during labor or delivery.

Birth injuries often lead to lifelong challenges, requiring extensive medical care, therapy, and financial support.

If you believe a preventable mistake caused your childโ€™s condition, our team is here to investigate your case and fight for the compensation your family deserves.

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Birth Injuries are a Serious Type of Medical Malpractice: You Have Rights

When a child suffers a preventable injury during the birthing process, the impact on families can be lifelong.

A trusted Atlanta birth injury law firm can help uncover whether medical negligence or avoidable medical errors played a role in your childโ€™s condition.

Many birth injury cases involve signs of fetal distress that were ignored or mismanaged by medical professionals.

When a doctor failed to act quickly or appropriately, the results can include devastating outcomes such as cerebral palsy, permanent brain injury, or other severe birth injuries.

These injuries are not just medical events.

They are life-altering traumas that affect the entire family.

If your child suffered harm at birth and you believe it was due to a providerโ€™s mistake, you may have grounds for legal action.

Medical providers have a duty to monitor, assess, and respond to complications during labor and delivery.

When they fail to meet those responsibilities, they can and should be held accountable.

Our birth injury law firm represents families affected by negligence in labor rooms, operating rooms, and delivery suites across Atlanta.

Weโ€™re here to help you understand what went wrong and fight for justice on behalf of your childโ€™s birth injury.

If you or a loved one experienced a childโ€™s birth injury due to medical negligence during labor or delivery, you may be entitled to pursue compensation through a birth injury claim.

Contact First Class – The Atlanta Personal Injury Law Firm today for a free consultation.

Use the chat feature on this page to find out if you qualify for a birth injury claim instantly.

Table of Contents

Common Types of Birth Injuries Explained

Birth trauma can occur when medical providers fail to protect fetal health during labor and delivery, leading to long-term consequences for the child and family.

These injuries occur most often when a provider mishandles complications in the birth canal, applies excessive force, or delays necessary interventions.

Birth injury attorneys routinely handle medical malpractice claims involving preventable harm during high-risk deliveries or situations involving fetal distress.

One of the most serious outcomes is cerebral palsy, which is often caused by oxygen deprivation during birth and can affect muscle control and developmental milestones for life.

Another common and devastating condition is hypoxic ischemic encephalopathy (HIE), a form of brain damage caused by lack of oxygen and blood flow to the brain during delivery.

Brachial plexus injuries, such as Erbโ€™s palsy, can occur when a baby’s shoulder is stretched or compressed against the mother’s pubic bone, damaging the nerves that control arm movement.

Permanent facial paralysis may result from trauma to the seventh cranial nerve, often when forceps or vacuum extractors are used improperly.

These conditions are not just physical – they can delay appropriate weight gain, hinder speech development, and impact nearly every aspect of the childโ€™s life.

Birth injury lawsuits are designed to uncover how and why these injuries occurred and to seek justice for families left to cope with the consequences.

Birth injury attorneys work closely with medical experts to identify the precise moments where care failed and to determine whether the injury could have been prevented.

Below are some of the most common birth injuries associated with medical malpractice:

  • Cerebral Palsy โ€“ A neurological condition caused by brain damage, often due to oxygen deprivation during delivery, resulting in lifelong motor and cognitive impairments.
  • Hypoxic Ischemic Encephalopathy (HIE) โ€“ Severe brain injury from restricted oxygen or blood flow during labor, commonly linked to delayed C-sections or failure to address fetal distress.
  • Erbโ€™s Palsy โ€“ A brachial plexus injury affecting arm and shoulder movement, typically caused by excessive force during shoulder dystocia or difficult deliveries.
  • Brachial Plexus Injury โ€“ Damage to the nerve network controlling the arm, potentially leading to weakness, numbness, or permanent disability.
  • Permanent Facial Paralysis โ€“ Often caused by trauma to the seventh cranial nerve during assisted delivery, leading to long-term facial asymmetry or loss of muscle control.
  • Brain Damage โ€“ Can result from prolonged labor, improper use of delivery tools, or failure to respond to fetal distress, impacting speech, cognition, and motor function.

Each of these conditions may require a lifetime of medical care, therapy, and support.

An experienced birth injury attorney can help families secure the resources they need to support their childโ€™s recovery and future.

Steps to Take If You Suspect Medical Malpractice or Negligence Caused Birth Injuries

When a child experiences serious complications during or after birth, parents may wonder whether a medical mistake caused the harm.

In many cases, warning signs are overlooked or dismissed by health care providers, leaving families without clear answers.

If you believe your childโ€™s injury could have been prevented, itโ€™s important to take action quickly to preserve evidence and protect your rights.

Birth injury victims often face long-term care needs, and pursuing a medical malpractice lawsuit can help secure the financial support they deserve.

Medical facilities and providers have legal teams working to defend against these claims.

Families need knowledgeable legal advocates on their side.

Contact an experienced birth injury lawyer as soon as possible to begin the investigation.

Here are the steps to take:

  1. Seek additional medical evaluation to understand your childโ€™s condition and get a second opinion from a trusted specialist.
  2. Request complete medical records from all involved medical facilities and providers to review what occurred during labor and delivery.
  3. Document all symptoms, diagnoses, and treatments your child has received, including any delays or changes in expected development.
  4. Track financial losses and expenses, including hospital bills, therapy costs, and time taken off work.
  5. Avoid signing documents or communicating directly with hospital legal teams or insurance representatives without legal counsel.
  6. Contact an experienced birth injury lawyer who can review the facts, consult medical experts, and advise whether a medical malpractice lawsuit is appropriate.

Who Can Be Held Liable in an Atlanta Birth Injury Case?

In birth injury cases, multiple parties may share responsibility depending on how the injury occurred and which part of the medical care failed.

Any healthcare provider involved in the labor, delivery, or prenatal care process may be held liable if they failed to act according to accepted standards of medical knowledge.

This includes obstetricians, nurses, anesthesiologists, midwives, and even the hospital or birthing center itself.

Liability arises when it can be shown that a medical professional had a duty to prevent birth injuries but failed to do so due to carelessness, delay, or poor judgment.

To prove negligence, your legal team must demonstrate that the providerโ€™s actionsโ€”or lack of actionโ€”directly caused or contributed to your childโ€™s injury.

In some cases, the error may stem from improper monitoring of fetal distress; in others, it may involve incorrect use of forceps, delays in performing a C-section, or mismanagement of high-risk conditions.

Even administrative failures, like poor communication between staff or inadequate emergency response protocols, can make a facility legally responsible.

A qualified birth injury lawyer will investigate each aspect of the care you received and determine which medical professionals or institutions failed to meet their obligations.

Holding the right parties accountable is essential not only for justice, but also for preventing similar harm to future patients.

Gathering Evidence for Birth Injury Lawsuits

Strong evidence is essential to building a successful birth injury claim and holding negligent providers accountable.

Medical records serve as the foundation for most cases, offering a detailed timeline of care, interventions, and possible failures.

Atlanta birth injury attorneys can help victims collect, analyze, and interpret this information alongside expert opinions.

The sooner evidence is preserved, the stronger your case will be.

Types of evidence include:

  • Complete medical records from prenatal visits, labor, delivery, and postnatal care
  • Fetal monitoring strips showing signs of distress and provider responses
  • Surgical and delivery room notes from doctors, nurses, and attending staff
  • Expert medical reviews assessing whether the standard of care was breached
  • Photographs or videos of physical injuries or developmental delays
  • Witness statements from medical staff or family members present during delivery
  • Documentation of ongoing care such as therapy, rehabilitation, or specialist visits

Damages in a Birth Injury Medical Malpractice Lawsuit

Families affected by birth injuries may face overwhelming financial and emotional burdens.

A medical malpractice lawsuit can help recover compensation for both past and future medical expenses, as well as the impact on the childโ€™s quality of life.

These cases often involve lifelong costs related to therapy, specialized care, and accommodations.

Compensation may also account for the emotional toll and loss of normal developmental opportunities.

Recoverable damages may include:

  • Medical bills for hospital stays, surgeries, and diagnostic testing
  • Ongoing medical expenses for physical therapy, medication, and specialist care
  • Costs of home modifications or assistive devices needed for long-term care
  • Lost income if a parent must reduce work or leave a job to care for the child
  • Pain and suffering endured by the child
  • Emotional distress experienced by the family
  • Loss of future earning potential due to the childโ€™s disability
  • Educational and developmental support costs, including tutors and special programs

First Class - The Atlanta Personal Injury Law Firm: Handling Birth Injury Cases

At First Class, we are committed to helping families find answers and accountability after a child suffers harm during birth.

Birth injury cases are complex and require a deep understanding of both medical standards and Georgia law, especially when determining liability and long-term damages.

Our team works closely with medical experts to uncover the truth and build strong claims for compensation.

We take on hospitals, doctors, and insurers so that families can focus on their childโ€™s care and future.

If you believe your childโ€™s injuries were caused by medical negligence, donโ€™t wait.

Contact First Class โ€“ The Atlanta Personal Injury Law Firm โ€“ for a free consultation with an experienced birth injury attorney.

You can also use the chat feature on this page to find out if you qualify for a birth injury lawsuit instantly.

Frequently Asked Questions

  • What are the most important signs that my childโ€™s injury was caused by medical negligence?

    Not all birth complications result from malpractice, but there are key warning signs that suggest a medical provider may have made a preventable error.

    If your child is showing signs of developmental delays or physical impairments and you werenโ€™t informed of any issues during delivery, itโ€™s worth investigating further.

    Medical negligence is often revealed through a pattern of overlooked symptoms, delayed responses, or improper delivery techniques.

    Signs that may indicate medical negligence in a birth injury include:

    • Lack of oxygen at birth (often noted by low Apgar scores or NICU admission)
    • Unexplained seizures shortly after delivery
    • Missed diagnoses during pregnancy or labor, such as gestational diabetes or fetal distress
    • Delayed C-section despite signs of complications
    • Failure to monitor the babyโ€™s heart rate or respond to abnormalities
    • Bruising, fractures, or nerve injuries noticed immediately after delivery
    • Trouble meeting developmental milestones in the first year of life

    If you notice any of these signs, contact a qualified birth injury attorney who can review your case and determine whether malpractice may have occurred.

  • How long do I have to file a birth injury lawsuit in Georgia?

    Under Georgia law, parents typically have two years from the date of the injury to file a medical malpractice lawsuit.

    However, in birth injury cases involving minors, the statute of limitations may be extended, allowing legal action to be filed up until the childโ€™s seventh birthday.

    That said, delays in pursuing a case can make it more difficult to gather medical records, secure expert reviews, and establish liability.

    Itโ€™s always best to consult with a birth injury attorney as soon as possible to preserve evidence and meet all legal deadlines.

    An early legal review can help determine whether you have a case and how to move forward effectively.

  • What should I do if I suspect my child's birth injury was caused by malpractice?

    If you believe your childโ€™s injury was the result of a medical providerโ€™s mistake, taking the right steps early on is crucial.

    Birth injury cases require strong evidence, expert analysis, and a clear understanding of how the injury occurred.

    Acting quickly can help preserve your childโ€™s legal rights and improve your chances of recovering compensation under Georgia law.

    Hereโ€™s what you should do:

    1. Seek medical evaluations from trusted pediatric specialists to understand the full scope of your childโ€™s condition.
    2. Request copies of all medical records from the hospital, OB/GYN, and any providers involved in labor and delivery.
    3. Document symptoms, diagnoses, and milestones, including any delays in physical or cognitive development.
    4. Avoid signing any settlement documents or communicating with insurance representatives without legal advice.
    5. Contact a birth injury attorney who understands Georgia law and can help determine if malpractice occurred and what legal options are available.

  • Can I sue a hospital or just the doctor in a birth injury case?

    Yes, in many birth injury cases, you may be able to sue both the individual doctor and the hospital or medical facility involved.

    Liability depends on who provided the negligent care and whether that provider was an employee of the hospital or an independent contractor.

    If hospital staff (such as nurses, anesthesiologists, or attending physicians) acted negligently during labor or delivery, the hospital may be held responsible for their actions.

    In some cases, poor policies, inadequate staffing, or failure to maintain proper equipment may also contribute to the injury, creating additional grounds for a claim against the facility.

    A qualified birth injury attorney can investigate how the injury occurred and determine which parties can be named in the lawsuit.

  • What compensation can we recover in a birth injury lawsuit?

    In a birth injury lawsuit, compensation can cover a wide range of damages related to the childโ€™s injury and its long-term impact.

    Families may recover costs for medical care, including hospital bills, surgeries, medications, and ongoing therapies.

    Compensation can also include future expenses for specialized equipment, in-home care, and educational support.

    In addition to economic losses, parents may be eligible to recover damages for emotional distress, pain and suffering, and loss of enjoyment of life for both the child and the family.

    If one parent had to stop working to care for the child, lost income and reduced earning capacity may also be part of the claim.

    The exact value of a case depends on the severity of the injury, the projected long-term needs, and the strength of the evidence showing negligence.

    An experienced birth injury lawyer can help calculate these damages and fight for the full amount your family deserves.

Written By:
Picture of Nathan Whittenburg

Nathan Whittenburg

Owner & Attorney - Atlanta Personal Injury Law Firm

Do You
Have A Case?

Our firm specializes in personal injury cases across the state of Georgia, working on a contingency fee basis to ensure the best possible service for each client.

Click below to get a free, instant case evaluation and find out if you qualify for legal action immediately.

Would you like our help?

About Atlanta Personal Injury Law Firm

Atlanta Personal Injury Law Firm specializes in personal injury cases across Georgia, including motor vehicle accidents, premises liability, catastrophic injuries, and wrongful death claims. Our experienced Georgia injury attorney works on a contingency fee basis, ensuring you only pay legal fees once we secure your settlement or verdict.

Contact our experienced legal team by phone or visit our website for a instant case evaluation. Trust Atlanta Personal Injury Law Firm for dedicated legal representation in Georgia.

Do You
Have A Case?

Our firm specializes in personal injury cases across the state of Georgia, working on a contingency fee basis to ensure the best possible service for each client.

Click below to get a free, instant case evaluation and find out if you qualify for legal action immediately.

Would you like our help?

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