Birth Injury

Introduction to Birth Injury Malpractice in Georgia

Birth injury malpractice is a distressing situation that occurs when healthcare professionals fail to provide the expected standard of care during childbirth, leading to harm or injury to the newborn or mother. In Georgia, as in other states, medical practitioners are required to adhere to established protocols and standards to ensure the safety and well-being of both the mother and baby during the birthing process. However, negligence or errors during pregnancy, labor, or delivery can result in devastating consequences, ranging from minor complications to severe, lifelong injuries.

Causes of Birth Injury Malpractice

Birth injury malpractice in Atlanta can happen due to a variety of reasons. Common causes include misdiagnosis or failure to diagnose medical conditions during pregnancy, such as gestational diabetes or preeclampsia, which can lead to complications during childbirth. Inadequate monitoring of fetal distress signs or misinterpretation of these signs can result in delays in necessary medical interventions, including emergency C-sections. Additionally, negligence during the use of birthing instruments like forceps or vacuum extractors can cause birth injuries, such as head trauma or nerve damage, to the newborn.

Inadequate Medical Care and Negligence

Medical negligence plays a significant role in birth injury malpractice cases. This negligence can manifest as a failure to perform necessary medical procedures, administer medications appropriately, or monitor the baby’s vital signs during labor. In some cases, healthcare providers may neglect to obtain informed consent from the parents, communicate potential risks, or offer alternative delivery methods when complications arise. All of these instances of negligence can lead to birth injuries that may have been preventable with proper medical care.

Legal Recourse for Birth Injury Malpractice Victims in Georgia

Families in Georgia who have experienced birth injury malpractice have the right to pursue legal remedies to seek compensation for their child’s injuries, medical expenses, and ongoing care needs. Our Georgia law firm specializes in handling birth injury cases and has a strong record of advocating for families affected by medical negligence. We understand the emotional and financial challenges that arise in these situations and are committed to holding negligent healthcare providers accountable for their actions or omissions.

Contact Our Atlanta Birth Injury Malpractice Attorneys

If you suspect that your child has suffered a birth injury due to medical negligence during childbirth in Georgia, don’t hesitate to contact our experienced attorneys. We offer a free consultation to assess your case, address your concerns, and provide you with the legal guidance and representation needed to pursue justice. Our dedicated team is here to help you secure the compensation your family deserves and ensure a brighter future for your child’s well-being. Reach out to us today to schedule a consultation and learn how we can assist you during this challenging time.

No. That’s like asking, “I need brain surgery; can my primary care provider do it?” For brain surgery, you need a brain surgeon. For a medical malpractice case, you need a medical malpractice attorney. Davis Adams exclusively represents medical malpractice victims; that’s why you won’t find information about personal injury cases on this website. In contrast, most other firms that solicit medical malpractice clients primarily handle car wrecks and other personal injury cases. Just visit their websites, and you’ll see.

You have one opportunity to make the right decision for your Georgia medical malpractice case. We recommend asking every lawyer the following questions before making your choice:

Is your practice dedicated exclusively to medical malpractice cases?

If not, what percentage of your firm’s cases involve medical malpractice?

How many medical malpractice cases in Georgia have you successfully handled in the past 12 months?

Can you provide examples of Georgia medical malpractice cases similar to mine that you’ve successfully resolved?

Is your firm based in Georgia, with a long history of winning cases throughout the state?

When you’ve asked these questions and listened to the responses, you’ll likely discover that few law firms — other than Davis Adams — can provide good answers. We’d be honored to have the opportunity to speak with you.

Like all reputable medical malpractice law firms in Georgia, our firm operates on a contingency fee model. If we recover money for our clients, we earn a percentage. If we don’t recover any money, we’re paid nothing. Don’t be fooled by the flashy TV and billboard lawyers who advertise “No fee unless you win” as if they’re offering a special deal. They’re not – all reputable law firms offer the same contingency fee payment structure.

In Georgia, several parties can potentially sue for a birth injury, depending on the circumstances and the specific details of the case. But generally speaking, a birth injury lawsuit is most often filed by the parents of the injured child (1) for claims the parents possess (typically related to medical bills), and (2) on behalf of the injured child for claims the child possesses (typically related to pain and suffering, and sometimes including medical bills that may accrue once the child becomes an adult). In some situations, a representative of the injured child other than the parent may pursue a claim on behalf of the injured child.

It’s important to note that birth injury cases can be complex, and the eligibility to sue may vary depending on the specific circumstances of the injury. Consulting with an experienced medical malpractice attorney in Georgia is crucial to determine the appropriate course of action and ensure that your rights are protected.

Every Georgia medical malpractice case involving a birth injury is different. Some take a few months, and some take a few years. As a general rule, we’ve traditionally advised our clients that their case will likely settle or go to trial within 24 months of our firm being hired. However, as the court system continues to recover from the Covid backlog, getting a case to trial now takes closer to 36 months.

We’d encourage you to run — don’t walk — away from any lawyer who tells you what your birth injury malpractice case is “worth” before doing the work necessary to answer that question honestly. Before any lawyer can begin to value your case, they must engage you as a client, meet with you to hear and understand the story of what happened, order and analyze your medical records, hire expert witnesses, determine the venue for your case (the county in which the lawsuit would be filed), and confirm that amount of insurance coverage available from the defendant(s). Until those tasks are completed, no good lawyer will attempt to give you a reliable estimate as to what your case may be worth.

Because our firm is designed to be small and highly specialized, we’re selective in the cases we can take. At any given time, we’re typically litigating about 10 cases — and each year, we receive about 1700 inquiries from prospective clients. While we’d like to help more people, we’re not willing to sacrifice the quality of our work. Thus, we limit our engagements to those involving death or catastrophic harm, where we feel like we can make the greatest impact for the client.

The majority of Georgia medical malpractice cases are resolved through settlements prior to reaching trial, but it’s crucial to approach each case with the possibility of trial in mind from the very beginning. The reason is simple: we cannot predict which cases will ultimately go before a jury. Consequently, our medical malpractice lawyers litigate every case with a focus on trial preparation. This approach not only strengthens our client’s position during pre-trial settlement negotiations but also ensures that we are fully prepared to present our case to a jury should a negotiated resolution prove unattainable.

Yes, we routinely take complex cases around the country that require our advanced level of medical negligence expertise. To date, we’ve helped medical malpractice victims in 46 states.

Our marketing people tell us this should be the first FAQ, not the last. We disagree. You should have the opportunity to learn who we are and what we’re all about before we ask for your trust in handling your medical malpractice case. We hope the information you’ve already seen gives you a sense of what makes us different, and better.

Why do we think we’re better?

First, we’re laser-focused on one thing: helping medical malpractice victims in serious cases, all day, every day. That’s a commitment we’ve made. By contrast, most other lawyers claiming to handle medical malpractice cases spend the majority of their time working on matters other than medical malpractice — car and truck wrecks, etc. Our dedication to those injured by medical negligence sets us apart.

Second, we know Georgia; it’s home for us and always has been. We’ve earned our reputation as effective and respected Georgia medical malpractice attorneys among judges, court clerks, defense lawyers, risk managers, claims adjusters, and mediators over nearly two decades. Our deep local knowledge and long-standing relationships in the legal and medical communities are absolutely essential to getting the best results for our clients.

Finally, we’ve consistently achieved extraordinary results for victims of medical negligence in Atlanta and throughout Georgia. You can see what we’ve accomplished on the Case Results page of this website, and what our clients think of us on the Client Reviews page. The people who’ve hired and trusted us in their time of greatest need are glad they did. And that’s what matters most of all.