Georgia Birth Injury Lawyer
Newborns who sustain birth injuries often develop issues that alter their lives forever. If your child is struggling with the effects of hypoxic ischemic encephalopathy, cerebral palsy, or another condition caused by medical malpractice, you have options. At Farah & Farah, our award-winning birth injury lawyers are standing by to help you and your family file a birth injury claim.
When your baby suffers an injury during childbirth, one of the best days of your life quickly becomes one of the worst. Birth injuries caused by medical malpractice can severely impact your infant’s health for years to come. Your child may need to endure costly testing, therapy, and surgery resulting from an error during pregnancy, labor, or delivery. Fortunately, you can seek recourse through a birth injury claim. While compensation won’t undo the error, it can help you overcome the challenges ahead and provide the proper care for your child to secure a better future.
If your baby is harmed by a preventable error before, during, or after delivery, you can fight back. While you may feel overwhelmed by the idea of taking on the medical establishment, you can get help from a skilled Georgia birth injury lawyer. The experienced team at Farah & Farah will listen to your story, investigate your claim, build your case, and advocate for justice during this incredibly difficult time. Contact us online or call us at 877-245-6707.
Birth Injury Causes
Many birth injuries result from medical malpractice. Malpractice occurs when doctors make the wrong decisions or provide negligent care to their patients. Failing to meet the accepted standard of care before, during, or immediately after birth can harm mothers and their babies. In severe cases, complications may affect children for their entire lives.
Malpractice takes many forms. In some cases, it may involve the failure to act, resulting in an unfavorable outcome. For example, your physician may have failed to adequately monitor you or your baby after childbirth, failed to diagnose obvious health conditions, or failed to respond quickly in an emergency during birth. Such negligence can lead to preventable conditions with lasting consequences.
In other cases, your doctor may have misused birthing tools or used unnecessary force during childbirth, causing serious harm to your child or yourself. These cases frequently involve vacuum extractors or forceps. Premature babies, those presenting in abnormal fetal positions, and heavier babies are especially vulnerable to physical injuries during delivery.
Common Types of Birth Injury
Birth injuries can occur in utero—often due to medical malpractice related to prenatal testing — or during labor. Substandard care during these critical periods may result in one of the following conditions.
A Georgia birth injury lawyer from Farah & Farah can analyze your case and determine whether you or your child was the victim of medical malpractice.
Our case results speak for themselves. In a recent victory, one of our clients received $5 million in a medical malpractice case against a hospital. Over the years, we’ve recovered over $2 billion in verdicts and settlements for families like yours.
Oxygen Deprivation
When a baby is partially or totally unable to deliver oxygen to their vital organs, the consequences may include brain damage and death. Hypoxic-ischemic encephalopathy, or HIE, is brain damage caused by the interruption of blood flow and oxygen to the brain during pregnancy or birth. Malpractice that can lead to HIE includes the failure to promptly detect and address fetal distress or umbilical cord compression, a delayed C-section, and substandard prenatal care.
Oxygen deprivation occurs in an estimated 2 per 1,000 births in developed countries and has an estimated mortality rate exceeding 30 percent. If your medical team failed to appropriately respond to clear signs of fetal distress or neglected to give your child hypothermia therapy, you may have legal recourse.
Cerebral Palsy
Cerebral palsy refers to disorders impacting a baby’s control over their muscles and nervous system. It is the most common motor disability among American children. Brain damage immediately before or during birth causes this condition, which has no known cure.
While surgery and medication can improve a child’s quality of life, such therapies are costly. Parents whose children developed cerebral palsy due to medical negligence may be eligible to file a birth injury claim.
Erb's Palsy
Also known as Erb-Duchenne paralysis, Erb’s palsy is caused by damage to the brachial plexus during childbirth. These nerves connect the neck and upper torso sections of the spinal column to the arms. Like most neurological birth injuries, this condition causes paralysis. Babies with this form of palsy experience significant arm weakness.
Most cases of Erb’s palsy are associated with injury at the time of birth, usually among heavier infants who must be pulled from the birth canal. Experts believe between 0.9 and 2.6 of every 1,000 live births will result in Erb’s palsy, making this one of the most common birth injuries.
Jaundice
Jaundice affects around 60 percent of newborns. While it may develop in otherwise healthy babies, jaundice may result from severe bruising during delivery. If untreated, it may cause kernicterus, a rare form of brain damage associated with neurological and motor difficulties.
Head Injuries
Head injuries and skull fractures caused by the use of excess force during childbirth are incredibly serious. Common cranial birth injuries include:
- Scalp injury: This common type of soft tissue damage accounts for 80 percent of all birth injuries.
- Caput succedaneum: Hemorrhaging associated with prolonged delivery causes this form of edema, also known as swelling.
- Subgaleal hemorrhage: This is a collection of blood stemming from the improper use of a vacuum extractor.
- Cephalohematoma: A hematoma, or accumulation of blood under the scalp, often results from the improper use of birth instruments.
- Skull fracture: Though rare, excessive physical force in instrument-assisted deliveries can cause this type of injury.
These are just a few instances of when medical malpractice may give rise to a Georgia birth injury claim. Others include spinal cord injuries, heart defects, stillbirth, and prenatal infection. If you are unsure about your child’s exact diagnosis, consider monitoring their milestones for more information.
Signs of Birth Injury: Missed Milestones
Sometimes, birth injuries go undetected for months or years. This is often the case for victims of oxygen deprivation since the resulting brain damage may not become apparent until later in life. Parents might not notice their child suffered harm until they begin missing major developmental milestones.
A Georgia birth injury lawyer like the ones at Farah & Farah will encourage you to closely follow your child’s development, which may reveal signs of lasting damage. Here are some important milestones parents can watch for:
- Newborns: Newborns should be able to hold out their arms and turn toward your voice. If they don’t respond to loud noises or seem to have loose legs and arms, they may have sustained damage during their birth.
- Infants: Infants experience a rapid cascade of milestones, including laughing, smiling, watching faces, and expressing emotions. If your infant doesn’t smile or laugh, cannot hold their toys, or refuses to follow objects with their eyes, they may have suffered a birth injury. For example, physical weakness and restricted movement can be signs of cerebral palsy.
- Toddlers: Toddlers can typically walk under their own power and speak in short sentences. Those who can’t speak or walk normally may need evaluation.
Birth Injury Statute of Limitations in Georgia
Deep knowledge of the legal process can make all the difference in the success of your claim. Our team will ensure you comply with Georgia law and procedures, such as the statute of limitations for birth injury claims. Under Georgia Code § 9-3-71, the statute of limitations is two years from the child’s fifth birthday or the discovery of their injury, if later. This rule is highly crucial for birth injury claims because it prevents lawsuits from being filed indefinitely, helping preserve critical medical evidence and testimonies that could otherwise be lost or discredited over time.
Given the complexity surrounding birth injury statute of limitations and their exceptions in Georgia, it’s imperative to consult with an attorney as soon as possible when a birth injury has occurred. Experienced Georgia Birth injury attorneys can provide comprehensive insight into the timeline and navigate through the intricacies of the Georgia legal system to ensure all procedures are followed correctly, thereby preventing any potential dismissal of a valid case due to technicalities. The statute of limitations serves a dual purpose: it ensures justice by preserving the integrity of evidence and protects potential defendants from perpetual fear of litigation. Consequently, failing to adhere to these laws can result in loss of the right to sue and obtain justice for any damages or harm caused.
Helping Those Who Need It Most
A Georgia birth injury lawyer can be your greatest asset when things go wrong in the delivery room. When you work with an attorney from Farah & Farah, you’ll benefit from our hands-on approach and open-door policy. We understand the importance of your case and will methodically gather information about your case. We will identify who is responsible and determine the best strategy to pursue compensation.
Farah & Farah operates with a unique team approach. We leverage the expertise of multiple team members who work together to build your case. We’ll collaborate to determine the best path forward for your Georgia birth injury claim.
If you’re looking for a family-centered birth injury attorney, Farah & Farah is just a phone call away. With offices in Albany, Brunswick, Macon, Savannah, Valdosta, and Waycross, our accomplished legal professionals are always just around the corner. Get a free, no-obligation consultation today.
free case review
YOU AND YOUR FAMILY
Related Blogs
