Welcoming a new baby should be one of life’s most joyous moments, but for some families, it’s overshadowed by the heartbreak of a birth injury. If your child has suffered a birth injury in Sandy Springs, GA, you may be feeling some combination of confusion, anger, sadness, guilt, and an overwhelming desire for answers.
You’re likely wondering how this happened, whether it could have been prevented, and what steps you need to take to protect your child’s future.
In these difficult moments, having the right legal support can make all the difference. Families need a compassionate advocate who not only understands the complexities of birth injury cases but also has the knowledge and resources to fight for the compensation their children deserve.
Sandy Springs birth injury attorney Laura Brown is here to help. With a commitment to seeking justice and a proven track record of success in holding medical professionals accountable, Laura will work tirelessly to uncover the truth about what caused your child’s injury.
Whether your family is facing cerebral palsy, HIE, or another injury at birth caused by medical negligence, Laura will guide you through every step of the legal process. Her dedication to helping families in Sandy Springs means you can focus on your child’s care while she fights to secure the compensation you need for medical bills, therapy, and a secure future.
Have questions about what caused your child’s birth injury?
Laura Brown can get you answers and justice. Schedule a free consultation with Brown Trial Firm today to learn about your legal options.
What is medical negligence during childbirth?
Medical negligence occurs when a hospital or health care provider, such as a doctor, midwife, or delivery room nurse, fails to meet the standard of care expected in their profession. This failure can result from errors, omissions, or poor judgment, leading to harm or injury to the patient.
For negligence to be considered medical malpractice, it must be shown that the provider’s actions (or lack of action) directly caused harm that could have been avoided with appropriate care.
While many babies suffer birth injuries from medical negligence during the birthing process, medical errors made during pregnancy can also lead to preventable birth injuries. Prenatal negligence is a specific type of medical negligence that happens during pregnancy. It involves the failure to provide proper care to a pregnant woman or their unborn child, potentially leading to complications or injuries.
Below are examples of medical negligence during different stages of childbirth:
- Failing to diagnose or treat maternal infections
- Inadequate monitoring of maternal health conditions, such as gestational diabetes, preeclampsia (high blood pressure), placental issues
- Failing to identify and address signs of fetal distress or developmental issues
- Incorrectly interpreting ultrasound or other diagnostic tests
- Prescribing medications that are unsafe for use during pregnancy, including ordering the wrong medication, a harmful drug, or an incorrect dose
- Ignoring signs of complications, such as severe swelling, pain, or abnormal bleeding
- Failing to properly monitor fetal heart rate and respond to signs of distress
- Delaying necessary interventions, such as a C-section
- Improperly using labor-inducing drugs like Pitocin
- Mishandling delivery tools, such as forceps or vacuum extractors
- Failure to address signs of umbilical cord complications, like cord prolapse, nuchal cord (cord wrapped around the baby’s neck), or kinked umbilical cord
- Errors in performing an episiotomy or improperly repairing tears
- Failure to prevent or manage shoulder dystocia during delivery
- Failing to provide appropriate pain relief or incorrectly administering epidurals
- Ignoring symptoms of maternal distress like excessive bleeding, high blood pressure, or abnormal vital signs
- Delayed or inadequate resuscitation of the baby
- Failing to appropriately treat neonatal jaundice, HIE, preterm delivery, or other newborn conditions
- Neglecting to address postpartum hemorrhage or complications in the mother
- Improper postnatal care leading to injuries or infections in the newborn
If medical negligence occurs during any of these stages, it can result in preventable birth injuries and other long-term complications.
Premature birth, medical negligence and birth injury lawsuits
Learn what causes a premature birth and how an early delivery can affect a child later in life.
What types of birth injuries are most often caused by a doctor’s negligence?
To be clear, not all birth injuries are the result of medical errors. However, certain birth injuries are more commonly linked to an OB-GYN’s negligence during pregnancy, labor, or delivery. These injuries can result from poor decisions, delayed actions, or a failure to provide adequate care.
Below are some of the most common types of birth injuries caused by medical negligence:
- Birth asphyxia. Birth asphyxia occurs when a baby does not receive enough oxygen during labor or delivery. This can lead to brain damage, developmental delays, or even stillbirth. It is often caused by umbilical cord prolapse, delayed cesarean sections (C-sections), or inadequate fetal monitoring.
- Hypoxic-ischemic encephalopathy (HIE). HIE is a condition where the brain suffers damage due to insufficient oxygen or blood flow during delivery. It can result in developmental delays, seizures, and permanent disabilities, including cerebral palsy (CP). This often happens due to delayed responses to umbilical cord complications or failure to perform an emergency C-section.
- Periventricular leukomalacia (PVL). PVL is a type of brain injury that involves the death of white matter near the brain’s ventricles, often caused by a lack of oxygen or blood flow. This condition is associated with premature births and can lead to motor and cognitive impairments, including a form of CP called “periventricular leukomalacia cerebral palsy.” Negligence, such as failing to monitor and manage oxygen levels during delivery or post-birth care, is a common cause.
- Cerebral palsy (CP). Cerebral palsy is a neurological condition caused by brain damage, often resulting from oxygen deprivation (hypoxia) during labor or delivery. This condition can impair motor function, muscle coordination, and development. It is often linked to delayed C-sections, mismanagement of fetal distress, or improper use of delivery tools.
- Spinal cord injuries. Spinal cord injuries during delivery can result in paralysis or severe physical impairments. These injuries often occur due to improper handling of the baby during delivery or excessive traction.
- Other brain injuries. In addition to HIE, PVL, and CP, other brain injuries in newborns, such as brain bleeds (intracranial hemorrhages), neonatal strokes, and seizures, often result from complications during delivery like improper use of delivery tools, excessive force, blood clots, or oxygen deprivation. They can all lead to cognitive and motor skill impairments, developmental disabilities, and even infant wrongful death, if not addressed promptly.
- Facial nerve injuries. Facial nerve injuries occur when pressure is applied to the baby’s face during delivery, often due to improper use of forceps. This condition can result in temporary or permanent facial paralysis.
- Shoulder dystocia injuries. Shoulder dystocia occurs when the baby’s shoulder becomes lodged in the birth canal during delivery, often because the baby is too large or in an awkward position for delivery or the mother has a small pelvis. If mishandled, this can cause nerve damage in the arm (brachial plexus injuries), fractures, or oxygen deprivation.
- Fractures. Broken bones, particularly of the clavicle, are common during difficult deliveries or when excessive force is applied to extract the baby. These injuries are often preventable with proper delivery techniques.
- Kernicterus. Kernicterus is a type of brain damage caused by untreated severe jaundice. This condition can lead to hearing loss, vision problems, or developmental delays and is typically the result of a failure to monitor and treat elevated bilirubin levels in newborns with phototherapy, blood transfusions, or other approved treatments.
When these injuries occur due to a doctor’s negligence, families may have grounds for a medical malpractice claim to seek compensation for the harm caused.
What are the first signs of hypoxia in newborns?
Learn about some signs that could indicate your baby is suffering from low oxygen levels after birth.
How do I know if a doctor caused my child’s birth injury?
Determining whether a doctor’s negligence caused your child’s birth injury can be complex. Birth injuries can occur due to natural complications or medical errors, so it’s essential to work with an experienced birth injury attorney to investigate the circumstances of your case.
Lawyers often use several methods to assess whether a doctor or other medical professional is responsible for your child’s injury. They include:
- Reviewing medical records. Attorneys obtain and review your medical records, including prenatal care, labor, and delivery documentation, to identify any irregularities, delays, or errors in treatment. They’ll look for signs of improper monitoring, failure to respond to complications, or mistakes during delivery.
- Gathering testimonies and evidence. Attorneys collect testimonies from witnesses, such as nurses or other health care providers, to understand what happened during labor and delivery. They may also use medical logs, fetal monitoring data, and imaging results as evidence.
- Analyzing causation. The lawyer must prove that the medical professional’s actions (or inactions) directly caused the birth injury. This involves linking specific mistakes to the injury and ruling out natural complications or other unrelated factors. To do this, attorneys evaluate the doctor’s actions against what a competent health care provider would have done in a similar situation. If the care falls short, it can indicate negligence.
- Consulting medical experts. Lawyers work with medical experts to evaluate whether the care provided met the standard expected in similar situations. These experts can help determine whether the injury resulted from negligence or unavoidable factors outside the doctor’s control.
Understanding the cause of your child’s birth injury is the first step toward seeking justice and ensuring your family has the resources needed to provide a lifetime of care for your child.
If you suspect that medical negligence played a role in your child’s birth injury, it’s essential to consult a skilled birth injury attorney. They know how to investigate your case, gather evidence, and build a strong case to prove medical negligence to a jury.
How do I find the best Sandy Springs birth injury lawyer near me?
If your family is facing the heartbreak of a birth injury, you deserve answers, support, and justice. Birth injuries can bring overwhelming medical, emotional, and financial challenges, but you don’t have to face them alone. Sandy Springs birth injury lawyer Laura Brown is here to help.
Laura Brown focuses exclusively on birth injury cases, which means she has the specialized knowledge, experience, and medical connections needed to fight for your family. Because she’s dedicated her entire practice to these cases, she fully understands the complexities of birth injuries and the unique struggles Georgia families endure. She will stand by your side every step of the way, working tirelessly to secure the compensation you need for medical care, therapies, and a secure future for your child.
Contact Brown Trial Firm today for a free consultation, and let her help your family find justice and peace of mind.
