Welcome to Brown Trial Firm, where families find advocacy and compassionate legal support to help them navigate the challenging aftermath of birth injuries in Georgia. If your child has been diagnosed with cerebral palsy, hypoxic-ischemic encephalopathy (HIE) or another type of birth injury caused by medical negligence, you’re not alone.
Dedicated Georgia birth injury attorney Laura Brown specializes in cases just like yours, offering a beacon of hope and a path forward during one of life’s most difficult times. Laura understands the profound impact these diagnoses can have on your child’s life and the overwhelming sense of responsibility you may feel as you seek the best possible care and support for your child.
At Brown Trial Firm, we can help you pursue the justice and compensation necessary to ensure your child has access to the resources they need for a brighter, more secure future.
Can cerebral palsy and HIE be caused by negligence?
Yes, cerebral palsy and hypoxic-ischemic encephalopathy (HIE) can be caused by medical negligence. Medical negligence occurs when health care providers fail to deliver the standard of care that is expected in the medical community, leading to injury or harm. In the context of childbirth, this could involve medical errors or omissions during prenatal care, labor, delivery or immediately after birth.
How medical negligence can lead to cerebral palsy
Cerebral palsy can result from brain damage before, during or just after birth. Factors contributing to this condition include lack of oxygen to the brain (asphyxia), premature delivery, and infections, among others.
Medical negligence could be a contributing factor if there is a failure to adequately monitor the fetal heart rate or respond to signs of fetal distress, delay in performing a necessary cesarean section (C-section), improper use of delivery instruments, or failure to treat or recognize a maternal infection.
How medical negligence can lead to HIE
HIE is a specific type of brain damage caused by oxygen deprivation and limited blood flow to the baby’s brain around the time of birth.
Medical negligence might be involved if there were failures in managing the baby’s or mother’s conditions effectively, such as not promptly addressing fetal distress, mismanaging a difficult delivery (e.g., fetal malposition), or not adequately treating conditions in the mother that could lead to oxygen deprivation in the baby like umbilical cord problems or placental issues.
In cases where cerebral palsy or HIE is linked to medical negligence, families may have the right to pursue legal action against the health care providers involved. These legal claims require thorough investigation to establish a direct link between the health care provider’s actions (or lack thereof) and the injury sustained.
Why do I need a Georgia birth injury attorney to help with my child’s cerebral palsy or HIE claim?
Seeking the assistance of a Georgia birth injury attorney for your child’s cerebral palsy or HIE claim is crucial for several reasons:
- Expertise in Georgia laws and regulations. Georgia has specific laws and procedures related to medical malpractice claims, including those involving birth injuries. A specialized attorney is well-versed in these regulations and can navigate the legal system effectively, ensuring that your claim is filed correctly and within the necessary timeframes.
- Medical knowledge. Birth injury cases require a deep understanding of complex medical issues. Attorneys experienced in this area have the knowledge and resources to understand medical records, recognize instances of negligence, and articulate how that negligence caused your child’s condition. They often work with medical experts who can testify on your behalf.
- Maximizing compensation. An experienced attorney can accurately assess the full impact of your child’s condition on their life and your family’s finances, including future medical care, therapy, special education needs and lost earning potential. They are skilled in negotiating settlements or arguing your case in court to ensure you receive the maximum possible compensation.
- Alleviating stress. Navigating a legal claim while caring for a child with special needs can be overwhelming. A birth injury attorney can take on the burden of the legal process, allowing you to focus on your child’s care and well-being. They handle all aspects of the claim, from gathering evidence to negotiating with insurance companies and opposing counsel.
- Advocacy and support. A dedicated birth injury attorney acts as your advocate, providing not only legal representation but also support and guidance through a challenging time. They understand the emotional and financial toll such injuries can take on a family and are committed to fighting for your rights and your child’s future.
In short, a Georgia birth injury attorney brings specialized legal and medical knowledge, along with compassionate support, to your family’s situation, enhancing your chances of a successful outcome in your child’s cerebral palsy or HIE claim.
What kind of compensation can I expect with the help of a Georgia cerebral palsy attorney?
With the assistance of a Georgia cerebral palsy attorney, you can pursue various types of compensation to address the impacts of your child’s condition. This compensation typically covers both economic and non-economic damages.
Economic damages include quantifiable financial expenses such as:
- Past and future medical expenses related to your child’s cerebral palsy
- Costs for rehabilitation therapies
- Special education needs
- Assistive devices
- Home modifications to accommodate disabilities
- Lost earnings if the child’s ability to work in the future is affected
Essentially, any out-of-pocket expenses that you have incurred or will incur because of your child’s condition can be claimed.
Non-economic damages, while more challenging to quantify, are equally significant. These may include compensation for the following:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship and comfort
Although these damages are not as easily measured in monetary terms, an experienced cerebral palsy attorney can argue for a fair and just amount that reflects the profound impact the condition has on your child’s and your family’s quality of life. The goal is to ensure that the compensation reflects the full extent of the physical, emotional and financial hardships your family faces, providing the resources needed for your child’s care and well-being.
Notable settlements for cerebral palsy medical malpractice in Georgia
In one of many significant medical malpractice cases in Gwinnett County, Georgia, the plaintiff, Zetah Louis, successfully argued that a series of medical oversights and delays in delivery at Gwinnett Medical Center (GMC) led to her daughter suffering cerebral palsy.
Despite early signs of distress and an “equivocal” biophysical profile score during her pregnancy, necessary follow-ups and immediate action were delayed by the medical staff. This culminated in a critically delayed cesarean delivery, resulting in her child’s severe condition, including spastic quadriplegia, cerebral palsy, cortical blindness and seizures. The jury trial concluded with a verdict awarding the plaintiff $30,545,655, attributing 25% negligence to Dr. Willard Hearin and 75% to GMC.
This case highlights the complexity and seriousness of the medical malpractice action and the substantial impact of the delays in medical treatment on the child’s life.
Cerebral palsy resources for Georgia families
Below is some information on cerebral palsy resources that may be helpful for Georgia families:
United Cerebral Palsy of Georgia
United Cerebral Palsy of Georgia offers a wide range of services aimed at supporting individuals with cerebral palsy and other developmental disabilities. Their services include adult day programs, residential services, and family support initiatives designed to promote independence and improve the quality of life for individuals with disabilities.
- Address: 3300 NE Expressway, Bldg 9, Atlanta, GA 30341
- Phone: (770) 676-2000
Easter Seals Southern Georgia
Easterseals offers various programs and services for individuals with disabilities, including cerebral palsy. Their offerings range from early intervention and family support services to adult day care and employment assistance, all designed to empower individuals with disabilities to achieve their personal goals and live fulfilling lives.
- Address: 1906 Palmyra Rd, Albany, GA 31701
- Phone: (229) 439-7061
Ready to take the next step? Get help from an experienced Georgia birth injury attorney.
If your child has been diagnosed with a birth injury such as HIE or cerebral palsy in Georgia, it’s essential to understand your legal options as soon as possible for the best chance at a successful outcome.
At Brown Trial Firm, skilled Georgia birth injury attorney Laura Brown specializes in assisting families facing the challenges and complexities of birth injuries caused by medical negligence, providing expert legal guidance and compassionate support. Her dedicated team is committed to securing the justice and compensation your child deserves to ensure they have access to the necessary care and resources for a better future.
Contact Brown Trial Firm today for a free consultation to learn how we can help protect your child’s rights and start the journey toward healing and recovery.