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Atlanta Birth Injury Attorney

When we go to a hospital or clinic to deliver a baby, we expect it to be a joyous event. Sadly, sometimes babies are born with devastating injuries that will change the child’s life and the lives of a family forever. If those injuries were the result of preventable errors, the family may have legal options.

To speak with an experienced Atlanta birth injury lawyer regarding your case, call the attorneys of Hilley & Frieder, P.C. at (404) 233-6200. Your consultation is confidential and without charge. From our law office in Atlanta, we represent families throughout Georgia.

A Husband and Wife Legal Team

When you come to our law firm, you will be working with two experienced and compassionate lawyers who are committed to helping you obtain the best possible future for your child. We understand the medicine and the law of birth injury cases. We work with experts who can help you obtain the answers you need and hold negligent medical professionals accountable.

Types of Birth Injury Cases We Handle

Our birth injury attorneys handle all types of birth injuries cases, including:

  • Birth asphyxia or hypoxic-ischemic encephalopathy caused by lack of oxygen
  • Erb’s palsy and brachial plexus injuries caused by forceps or other delivery errors
  • Cerebral palsy
  • Injuries caused by lack of monitoring
  • Injuries to the mother
  • Injuries caused by failure to perform a timely cesarean section

We can help your family if your infant has been diagnosed with any of the following birth injuries, and more:

  • Bone cracks or fractures
  • Greenstick fractures
  • Nerve damage
  • Facial paralysis
  • Cephalohematoma
  • Brachial plexus injuries
  • Shoulder dystocia
  • Traumatic brain damage
  • Acquired brain damage

Contact us to find out if we can take your case after any type of birth injury diagnosis in Atlanta, Georgia.

Causes of Birth Injuries

There are both natural and unnatural causes of birth injuries in Georgia. Some mothers and infants have risk factors that increase the odds of complications during delivery, such as premature delivery, large babies, prolonged labor, abnormal presentation, maternal diabetes and maternal obesity. Other birth injuries, however, are the direct result of a doctor’s error or lapse in judgment. These causes can include:

  • Failing to diagnose a maternal condition during pregnancy
  • Miscommunicating with the medical team during labor and delivery
  • Failing to monitor fetal vital signs and heart rate
  • Improperly using forceps or vacuums
  • Cutting an infant with medical tools or causing nerve damage
  • Using incorrect or inappropriate birthing techniques
  • Yanking on a baby’s arm or head
  • Failing to take proper action in an emergency, such as ordering a C-section
  • Making surgical errors during a C-section delivery
  • Failing to diagnose and treat infant jaundice in a timely manner
  • Dropping or injuring a child shortly after birth

It can be difficult to recognize medical malpractice in the chaos of delivering a baby. While many mothers experience complications that alter their birthing plans, medical malpractice is an avoidable type of wrongdoing. If your child gets diagnosed with a birth injury at the time of birth or shortly after, go over the events of your birth in your mind and consider if there were red flags. This could include a dirty or dingy hospital room, lax care by a doctor or nurse, a lack of communication between the medical team, and a difficult birth. If you believe you may have a birth injury claim in Atlanta, contact us for a case review.

When Is a Birth Injury Medical Malpractice?

Not all birth injuries give a family the right to file a lawsuit in Georgia. However, many birth injuries that are diagnosed in Georgia are preventable, meaning they could have been avoided with an ordinary amount of care by the presiding medical practitioner, such as the doctor, nurse, OBGYN or surgeon. This will give the family the right to seek financial compensation.

The standard of care in a medical malpractice suit is a legal or ethical obligation to exercise reasonable care according to the medical industry’s rules. If a medical practitioner falls short of the standard of care, it is medical malpractice. A birth injury lawsuit can arise when a health care provider breaches the standard of care owed a mother and child, and if this causes a
birth injury.

In Georgia, the definition of medical malpractice under Georgia Code Section 9-3-70 is a claim for damages, or financial compensation, for the death or injury of a person arising out of negligent health, medical, dental or surgical care rendered by an authorized provider. If a doctor or OBGYN fails to treat a mother or infant to the best of his or her ability, the injured party may have the right to file a lawsuit for a related birth injury.

Proving Negligence in Birth Injury Lawsuits in Atlanta

Medical negligence refers to a physician’s careless failure to meet the standard of care. Negligence could reach the point of malpractice if the doctor knew or should have known that his or her actions could cause harm to the patient but continued anyway. During a birth injury lawsuit in Atlanta, it is up to you or your lawyer to prove that the defendant was negligent. You will need evidence that proves the four key elements of medical negligence:

  1. A doctor patient-relationship and duty of care existed. Proving that a professional relationship existed between the plaintiff and defendant establishes that the physician had a duty to treat the plaintiff according to medical standards.
  2. A breach of the duty or standard of care took place. There must be evidence that the defendant committed an act or omission that violated or fell short of the standard of care, such as misusing birth-assistive tools.
  3. Causation exists. There is evidence of a link between the doctor’s mistake and the birth injury; proof that the birth injury would not have happened but for the defendant’s act of malpractice or negligence.
  4. Damages were suffered. Proof that compensable losses were suffered by the plaintiff because of the defendant’s breach of duty. These losses can be economic or noneconomic but must be related to the malpractice.

The evidence that you use must meet the burden of proof of a preponderance of the evidence. This is enough clear evidence to convince the courts that the doctor or defendant is more likely than not responsible for your child’s birth injury. An attorney from Hilley & Frieder, P.C. can help you collect evidence to meet this burden of proof, such as medical records, expert medical witness opinions, eyewitness statements, and photographs and videos.

Compensation Available for Birth Injury Cases

Your child’s health and future can never be summed up by a dollar amount. However, the compensation available for a birth injury in Atlanta can allow your family to pay for the medical care that your child needs, as well as ongoing costs far into the future. Obtaining just and full financial compensation can also hold the at-fault doctor or defendant accountable for wrongful acts during your pregnancy, labor or delivery. Your family may be entitled to the following types of compensation through a birth injury lawsuit:

  • Present and latent medical costs
  • Costs associated with your child’s Life Care Plan
  • Specialized medical equipment
  • Disability-related expenses and accommodations
  • Therapies or rehabilitation for a developmental disorder
  • Special education for a learning disability
  • Future lost wages
  • Transportation and travel costs
  • Housing expenses
  • Legal fees
  • Pain and suffering
  • Lost quality or enjoyment of life

Many factors can change the value of your birth injury lawsuit. One of the most important is the severity of your child’s injury. Our lawyers can hire financial and medical experts to calculate the future medical expenses your child will incur, as well as your other costs. Then, we will use aggressive legal strategies to fight for the maximum possible financial compensation.

Contact Our Birth Injury Lawyers Today

Birth injuries can result in significant medical and other care costs for a family. Our personal injury lawyers are here to help you obtain the compensation you need to meet the challenges ahead. Call (404) 233-6200 or contact us by email to speak with a lawyer regarding your misdiagnosis.

Hilley & Frieder can handle all aspects of you case virtually from interview through conclusion. We are open and available to help you. Please view our complete COVID-19 statement to learn more about the steps we are taking to ensure that your case continues to move smoothly in this environment.