Atlanta Birth Injury Lawyer

Welcoming a child should be joyous, but a birth injury can be devastating. At Goldstein Hayes, LLC, our experienced Atlanta birth injury lawyers are here to help. If medical malpractice caused your child’s injury, contact our law office at (404) 795-4925 to pursue justice and secure the support your family needs.

At Goldstein Hayes, LLC, we understand the emotional and financial burdens that come with a birth injury. Our experienced attorneys in Atlanta, Georgia, are here to fight for justice and help you secure the resources your child needs. We will discuss how we can help you get the compensation necessary to give your child the best life possible.

How Goldstein Hayes, LLC Can Help With A Birth Injury Claim In Atlanta

Navigating a birth injury claim can be overwhelming, especially when you’re focused on your child’s health. Our compassionate team at Goldstein Hayes, LLC, is dedicated to holding negligent medical professionals accountable and helping families secure the compensation they need.

We have over 70 years of combined experience and more than $600 million recovered for our clients. As a boutique law firm, we limit the number of cases we accept to ensure each client receives our full attention. Our firm’s accolades include the prestigious Martindale-Hubbell AV Preeminent rating, recognition in the Multi-Million Dollar Advocates Forum, and inclusion in Super Lawyers.

Here’s how we can help your family after a traumatic birth injury in Atlanta, Georgia:

• Conduct a thorough investigation to identify medical errors or negligence
• Consult with leading medical experts to strengthen your case and testify about the standard of care, the cause of your child’s injury, and its effects
• Gather and preserve critical evidence to prove liability
• Calculate the full extent of your child’s damages, including future needs
• Handle all communications with insurers and opposing counsel
• Negotiate aggressively to secure maximum compensation
• Advocate for your family in court if a fair settlement cannot be reached

You don’t have to face this journey alone. Contact us today for a free consultation with a compassionate Atlanta personal injury attorney prepared to fight for the needs of your child and your entire family.

Overview Of Birth Injuries

Birth injuries occur when an infant suffers harm during labor or delivery due to complications, trauma, or medical negligence. While some birth injuries are unavoidable, others are the result of preventable mistakes by healthcare providers. These injuries can range from minor and temporary to life-changing, catastrophic injuries that affect a child’s physical and cognitive development. Some birth injuries are so severe they result in wrongful death.

Common Types Of Birth Injuries

Birth injuries can take many forms. Below are the most common types of birth injuries in Atlanta.

Cerebral Palsy (CP)

Cerebral palsy is a common birth injury affecting about 3 out of every 1,000 live births. This condition happens when there is brain damage during labor or delivery or something affects brain development during pregnancy.

Common causes of cerebral palsy include inadequate oxygen to the brain, head injuries, and prematurity.

Erb’s Palsy (Brachial Plexus Injuries)

Erb’s palsy is a common injury to an infant that occurs during childbirth. It affects the brachial plexus nerve complex that controls the arm and hand, resulting in weakness or loss of function. In most cases, it happens when the baby’s shoulders are stuck in the birth canal which requires manual maneuvers to reposition the child.

Brain Injuries

Brain injuries are a common and potentially devastating type of birth injury. Common forms include:

• Hypoxic-ischemic encephalopathy (HIE): This is the most common type of brain injury during delivery. It can cause developmental and neurological problems and affect organ function.
• Hydrocephalus
• Intracranial hemorrhage: This is bleeding in or around the brain caused by blocked blood vessels. It may be the result of placental complications, high blood pressure, and maternal infection, particularly if these conditions are not treated.
• Cerebral dysgenesis: This form of abnormal brain development can occur during pregnancy, or it may be caused by a head injury during or after delivery.
• Periventricular leukomalacia (PVL): This condition usually occurs in premature babies and it happens when the white matter in the brain dies. It’s caused by inadequate blood or oxygen to the brain.

Brain injuries are usually caused by asphyxiation or a lack of oxygen to the brain.

Fractures

Fractures are common birth injuries that can occur even in a normal birth. The clavicle is the most common fracture with 1-2% of newborns suffering a broken clavicle during birth. The most serious type of broken bone is a skull fracture. This is usually caused by a challenging delivery or the improper use of forceps.

Other Types Of Nerve Damage

During delivery, nerve damage may result from forcefully pulling the infant’s shoulders, compression in the birth canal, particularly for large babies, or the use of forceps. Nerve damage results in weakness or paralysis of the affected area, such as facial muscles or the arm.

How Common Are Birth Injuries?

Birth injuries are more common than many realize, affecting 6 to 8 out of every 1,000 live births in the U.S., according to the CDC. In 2021, unintentional injuries accounted for 7% of infant deaths (35.5 per 100,000 live births), making them a leading cause of infant mortality. Other major causes include:

• Congenital malformations (20%)
• Low birth weight or short gestation (15%)
• Sudden infant death syndrome (7%).

Many issues, such as maternal complications, placental issues, and respiratory distress, can result from medical errors.

What Causes Most Birth Injuries In Atlanta, GA?

Birth injuries can be caused by many factors. There are many risk factors that can increase the risk of birth injuries and complications, including maternal obesity, gestational diabetes, prematurity, large birth weight, abnormal presentation, and pelvis disproportion.

While injuries are sometimes unavoidable, they can also be caused by medical mistakes or preventable complications during pregnancy, labor, or delivery. Common causes include:

• Prolonged labor: Failure to manage complications during long or difficult deliveries.
• Improper use of delivery tools: Misuse of forceps or vacuum extractors causing trauma.
• Oxygen deprivation: Delays in recognizing or addressing fetal distress leading to brain damage.
• Delayed C-section. Ignoring signs of complications requiring emergency intervention.
• Medication errors: Incorrect doses of anesthesia or other medications.
• Undiagnosed maternal infections: Failure to identify and treat infections that could harm the baby.

Medical errors during pregnancy, labor, or delivery can cause serious harm to a child or mother. Obstetricians, nurses, anesthesiologists, technicians, primary care doctors, and hospitals can all be found liable for negligence that causes injury.

When these preventable errors occur, families deserve answers and compensation.

What Is My Birth Injury Case Worth?

Every birth injury case is unique, and its value depends on a variety of factors. Our Atlanta birth injury lawyers evaluate cases by considering factors such as:

• The type and severity of your child’s injury
• The medical and therapeutic care your child will need over their lifetime
• Your child’s general prognosis
• The impact of the injury on your child during their childhood and as an adult
• The emotional and financial toll on your family
• The strength of evidence proving medical negligence

Determining a financial value for the impact of a serious injury on a young child is complex. At Goldstein Hayes, LLC, we work with leading experts in obstetrics and neonatal medicine, economics, and other specialties. We are committed to building a strong case that demonstrates the severity of your child’s injury for appropriate compensation.

What Types Of Damages Are Available To Birth Injury Victims In Atlanta, Georgia?

Under Georgia law, families can seek compensatory damages for the harm caused by a birth injury. These damages fall into two categories.

Economic damages compensate for tangible losses with a financial value such as:

• Past and future medical expenses
• Rehabilitation and therapy costs
• Lost income (if a parent must leave work to provide care)
• Diminished earning capacity if your child is unlikely to be able to work when they are grown
• The cost of special education or assistive devices
• Other out-of-pocket expenses

Non-economic damages cover subjective, intangible losses. This includes:

• Physical pain
• Emotional and mental suffering and distress. This includes depression, embarrassment, and anxiety, for instance.
• Reduced quality of life
• Disfigurement or scarring

Punitive damages are very rarely available in personal injury cases that go before a jury. They may be awarded to punish a defendant if they caused harm through conscious disregard for the life and safety of another.

How Long Do I Have To File A Birth Injury Lawsuit In Georgia?

In Georgia, the statute of limitations for personal injury cases is generally two years from the date of the injury. However, special rules apply to medical malpractice cases and injuries to minors.

Georgia law tolls or pauses the statute of limitations in certain cases, including when a medical provider commits deception or fraud to hide malpractice. For injuries that are not immediately apparent, the deadline to file your case begins when you discover or should have discovered the malpractice. The statute of repose requires malpractice claims to be filed no more than five years from the date of the malpractice, even if it is discovered much later.

For injury victims under the age of five, the two-year deadline to bring a medical malpractice case begins on the child’s fifth birthday. That means you have until your child turns seven to file a birth injury lawsuit on their behalf.

Medical malpractice cases are complex and require time to build. Acting quickly is critical to preserve evidence and protect your legal rights.

Contact Our Atlanta Birth Injury Lawyers For A Free Consultation

If your child has suffered a birth injury due to medical negligence in Atlanta, Georgia, you deserve compassionate legal support. At Goldstein Hayes, LLC, we are here to help you pursue justice and the financial recovery your family needs.

With more than $600 million recovered and 70 years of combined experience, our firm has the resources and experience to take on even the most complex cases. Contact us today to schedule a free consultation with an experienced Atlanta birth injury lawyer. Let us fight for your family’s future.