Atlanta Birth Injury Lawyers
Birth injuries can be heartbreaking, and birth injury litigation is always exceedingly complex. You’ll need the right lawyers in your corner. You’ve come to the right place. We can help.
Negligent medical care during child delivery, whether by vaginal delivery or C-section, can cause devastating injuries to the baby. A child injured during birth may require life-long care, including rehabilitation, physical therapy, speech therapy, occupational therapy and nursing and home care. Like all medical negligence cases, those involving birth or obstetrical injuries are generally complex in nature and full of opportunities for negligent healthcare providers to avoid taking responsibility.
We diligently discover the important facts, retain world-class expert witnesses, and methodically prepare birth injury cases for trial in a way that maximizes the opportunity for a verdict that provides justice for our client.
What are some common types of birth injuries?
Birth injuries can take many different forms, but the birth injury cases we most frequently handle involve:
- birth trauma resulting from improper use of forceps or suction (including shoulder dystocia);
- vaginal birth after a C-section, resulting in a ruptured uterus and possible death or hysterectomy;
- delay in diagnosis of fetal distress, despite fetal monitoring information;
- delay in performing a C-section;
- brain injury resulting from lack of oxygen (brain hypoxia) or spinal cord damage;
- cerebral palsy resulting from medical errors;
- premature birth resulting from a urinary tract infection, incompetent cervix or other condition that could have been treated;
- necrotizing enterocolitis (bowel infection), bleeding in the brain or lung problems resulting from an unnecessary premature birth;
- failure to monitor a mother with gestational diabetes;
- failure to identify macrosomia, a condition where the baby’s head and shoulders are too large to pass through the birth canal;
- spinal cord injuries; and
- maternal Group B strep infection.
If you, your child, or a loved one have suffered as a result of a birth or obstetrical injury, we can obtain the necessary medical records and have an expert physician review the file free of charge to determine whether a doctor or other healthcare provider was negligent.
What is the statute of limitation for birth injury?
Generally, the statute of limitation for medical malpractice in Georgia is two years from the date of the negligent care. However, for children, the statute of limitation is typically tolled (or paused) until the child’s 5th birthday, which means that the statute runs (or expires) on the child’s 7th birthday.
Certain circumstances can extend the statute of limitation (for example, when a doctor conceals negligent care that’s later discovered). Other scenarios can involve shorter time periods within which a case must be pursued (for example, when the negligent provider is employed by a government entity, which can trigger claim notification deadlines as short as six months from the date of the negligent care). Further, some specific types of malpractice, such as when a foreign object is left inside a patient after a surgery, have unique statutes of limitation (for foreign objects, it’s one year from the date the object is discovered).
And to make matters more confusing, medical malpractice cases can be subject to a five-year statute of repose. This is intended to be a “final deadline,” beyond which a medical malpractice claim cannot be filed for any reason. But it doesn’t always work that way; their are some exceptions.
So, the best answer: it depends. And our best guidance: don’t try to determine the statute of limitation on your own; contact us and we’ll be more than happy to collect and analyze the facts needed to provide you with the correct answer.
Read what one birth injury client has to say.
“My child suffered a serious birth injury because a doctor was negligent in delivering her. Had we not found Jess Davis and Chad Adams, we’d never have gotten justice for her. They got the doctor to admit that what he’d done was wrong, and his insurance company compensated our daughter for her injury.”
T.J. of East Point, GA
Our Atlanta medical malpractice lawyers are birth injury experts.
Tens of millions of dollars in verdicts and settlements validate our commitment to doing medical malpractice litigation—and doing it better than any other law firm. We are immersed in medical negligence litigation every day, quickly spotting trends as they develop, pioneering new legal strategies and tactics to combat the ever-changing insurance defense industry, and constantly discussing our clients’ cases with leading medical experts around the country. We are always honing our skills as birth injury attorneys, which is why nobody does it better.
Our reputation for handling birth injury cases adds value to your case.
Birth injury defense lawyers know us. Insurance claims adjusters know us. In fact, most all of the major players in the insurance defense industry in Georgia know who we are, and what we’re capable of doing in a courtroom. They know about our results, because they have seen us in action. And they know that when we pursue a birth injury case, we will never settle for anything less than fair treatment for our client in the form of full financial compensation. Choosing Davis Adams to handle a birth injury case in Georgia means leveraging our years of experience, and our reputation for excellence, to help maximize your recovery.
Having an experienced birth injury lawyer matters.
Jess Davis and Chad Adams cut their teeth at litigators handling the most complex, high-stakes medical malpractice cases, typically regarded as among the most complicated of all personal injury matters. Racking up successful results for their clients in cases other medical malpractice lawyers were turning down, they quickly became the “go-to” birth injury attorneys to whom other Georgia lawyers refer medical negligence cases.
How does this tangibly help our clients? We have the unique ability to quickly read and digest volumes of obstetrical records, to pick up the telephone and speak confidently to our clients’ treating physicians about their diagnoses and prognoses, and to instantly reach the top medical experts in almost any field at the best hospitals and universities in the world (even at night and on weekends) to consult on our clients’ cases. This rare expertise and access is a game changer for our clients, and sets us apart from other personal injury firms who merely dabble in medical negligence in between car wreck cases.
We handle birth injury cases throughout Georgia.
Davis Adams is headquartered in metro Atlanta, but our reach is statewide. We routinely represent birth injury victims in all parts of Georgia, including Macon, Savannah, Columbus, and Albany. Indeed, our geographic reach is evidenced by the fact that our firm’s largest settlement ($17,000,000) came in Fulton County, while our largest verdict ($10,000,000) came in rural Jefferson County. So, wherever you reside in Georgia, selecting the best birth injury lawyer is more important than hiring the closest lawyer. As a client, you have just one opportunity to obtain justice for you and your child, and we are always honored when that chance it entrusted to us, wherever you happen to be located.
How much is a birth injury case worth?
Most people who contact our firm do so reluctantly. They aren’t excited about the possibility of having to sue an obstetrician or nurse for malpractice, and they understand that money won’t solve all of their (or their injured child’s) problems. But financial compensation is the only remedy available through the civil justice system; it’s the only form of justice the law allows under these circumstances. We can only provide our clients with guidance as to the fair value of their cases after the case has been fully investigated. The factors we will consider include:
Economic damages, including:
- past medical bills;
- future/projected medical expenses, including life-care plans;
- past lost income; and
- future lost income.
Non-economic damages, including:
- physical pain and suffering;
- mental or emotional pain and suffering;
- loss of consortium (companionship); and
- the full value of a life (in wrongful death cases).
Often birth injury cases are settled at mediation, which allows our clients to avoid the risk and emotional toll associated with trial, and to end their case with certainty. Other times, mediation is unsuccessful, and we proceed to trial and ask a jury to determine our client’s compensation. A significant percentage of our $75 million in recovered funds for our clients is the result of trial verdicts, meaning that the attorneys hired to defend negligent doctors and nurses know we are fully prepared to meet them in a courtroom if the case cannot otherwise be resolved to our clients’ satisfaction.
Fewer cases, more personal attention, better results.
Davis Adams declines to accept the vast majority of cases presented to our firm. The fit has to be just right: the right client with the right type of case, where we feel like our firm can have the maximum positive impact. And while it may seem counterintuitive to turn down revenue-generating business, we are committed to doing outstanding, hands-on work for a limited number of catastrophically injured clients instead of employing a team of less experienced associate attorneys to churn through a high-volume workload.
We simply refuse to become one of those law firms at which the experienced trial lawyers only get involved in the later stages of the case, if at all. From day one, our clients have the collective time, attention, energy, and experience of the seasoned birth injury attorneys who will be handling their case at trial, which translates to better representation, and better financial recoveries.
Other lawyers often ask, “Wouldn’t it just be easier to hire some young associate attorneys to handle the unimportant parts of your cases?” That question represents a fundamental misunderstanding of how medical malpractice cases are won or lost, and emphasizes the importance of hiring an experienced birth injury attorney. There are no unimportant tasks in birth injury cases; victory is always in the details and is never achieved at the maximum level without bringing to bear the full weight of our firm’s substantial experience, dogged determination and blatant refusal to settle for less than our clients deserve.
We do not accept any payment for our work on your birth injury case unless you win.
Davis Adams only handles birth injury cases on a contingency basis, which means that if we do not recover money for our clients, we refuse to accept payment for our services, or even reimbursement for the money we’ve spent. Additionally, our contingency fee, while reflective of our firm’s quality and success, is nonetheless lower than the fee charged by some firms. We believe, and have proven, that building a financially successful law firm and keeping our fees and expenses to a minimum are not mutually exclusive concepts.