Atlanta Baby Delivery Injury Attorneys
Has Your Newborn Suffered Complications During Delivery Caused by Negligence?
Bringing a new life into the world should be a joyful and hopeful event. Unfortunately, complications during labor and delivery can quickly turn a celebration into a devastating situation. If your child has suffered a delivery injury due to medical negligence, you need an experienced baby delivery attorney serving Atlanta to fight for justice and compensation. At Cunningham Bounds, we are committed to helping families navigate these heartbreaking experiences and seek the support they need to move forward.
A delivery complication can involve harm during labor, delivery, or the immediate newborn period. A complication alone doesn’t establish medical negligence, so the medical records and delivery timeline must be evaluated to determine whether the applicable standard of care may have been breached.
Call (404) 609-1081 or contact us online today to request a free case review.
Baby Delivery Procedures
Modern medicine has provided many tools and techniques to support safe deliveries for both mothers and infants. Typical baby delivery procedures include natural vaginal birth, assisted vaginal delivery (using tools such as forceps or vacuum extraction), and cesarean section (C-section). Throughout each type of delivery, medical professionals are expected to monitor both mother and child carefully, identify potential complications early, and act swiftly to address any concerns.
Proper fetal monitoring, timely responses to distress, and adherence to standard medical protocols are important considerations when reviewing a delivery injury. Whether an injury resulted from a failure to meet the standard of care depends on the clinical circumstances, the care team’s response, and the available medical records.
Common Types of Baby Delivery Complications
Despite the advances in obstetric care, certain complications during delivery remain relatively common. Some of these complications can cause lasting injuries if not properly managed.
These complications may include:
- Brachial Plexus Injuries: Damage to the network of nerves controlling the arm and hand, often resulting from shoulder dystocia.
- Cerebral Palsy: A neurological disorder that can be linked to oxygen deprivation (hypoxia) during birth, among other causes.
- Fractures: Bone fractures, particularly of the clavicle or arm, can occur during difficult deliveries.
- Facial Paralysis: Pressure on a baby’s face during delivery can lead to nerve damage, resulting in temporary or permanent paralysis.
- Brain Injuries: Lack of oxygen or physical trauma can cause serious brain injuries, leading to developmental delays, cognitive impairments, or seizures.
- Hypoxic-Ischemic Encephalopathy: A type of brain injury caused by reduced oxygen and blood flow that may occur around the time of birth.
Some conditions are apparent immediately, while others may be recognized later through developmental, feeding, movement, seizure, or muscle-tone concerns. A medical review can help distinguish an injury associated with negligence from a condition that occurred despite appropriate care.
Common Causes of Baby Delivery Complications
Delivery injuries may occur for a variety of reasons, but some may stem from medical errors. Common causes include:
- Failure to Monitor Fetal Distress: Inadequate monitoring or ignoring signs of fetal distress can lead to oxygen deprivation and brain damage.
- Delayed C-Section: Not performing a C-section when medically necessary can result in avoidable trauma or hypoxia.
- Improper Use of Delivery Instruments: Incorrect or aggressive use of forceps or vacuum extractors can injure the baby’s head, neck, or shoulders.
- Medication Errors: Incorrect dosages of labor-inducing drugs such as Pitocin can cause excessive contractions, stressing the baby.
- Negligent Prenatal Care: Failing to identify risk factors during pregnancy can result in poor delivery planning and preventable injuries.
Whether a complication supports a claim depends on whether the care team recognized a risk, responded as required by the standard of care, and caused or contributed to the child’s condition. Fetal monitoring, medication administration, nursing documentation, provider communications, and newborn records can all be relevant to that review.
Who Is Liable?
Determining liability in a birth injury case can be complex. Several parties may be responsible for delivery injuries, including:
- Obstetricians: Doctors responsible for labor and delivery must adhere to the accepted standard of care. Failure to do so can make them liable.
- Nurses and Medical Staff: Nurses monitoring the labor process must report any abnormalities to physicians promptly.
- Hospitals: Healthcare facilities can be held liable for understaffing, failing to maintain equipment, or negligent hiring practices.
- Medical Device Manufacturers: If a defect in medical equipment contributed to the injury, the manufacturer may also bear some responsibility.
At Cunningham Bounds, we thoroughly investigate each case to identify potentially liable parties and evaluate the available evidence.
How Cunningham Bounds Can Help
Navigating the aftermath of a birth injury can feel overwhelming. Medical bills, therapy costs, and the emotional toll can place an immense burden on families. That’s why hiring a baby delivery lawyer serving Atlanta from Cunningham Bounds can help your family evaluate the circumstances and available legal options.
Our team can:
- Conduct a comprehensive investigation into your case
- Work with medical professionals to evaluate the standard of care and potential deviations
- Identify potentially liable parties
- Handle communications and negotiations with insurance companies
- Prepare for litigation if a resolution isn’t reached
We understand that no amount of money can undo the harm caused, but a successful claim may help address financial strain and care-related needs.
Established in 1958, we have represented injured individuals and families for decades. Five of our partners are certified as Civil Trial Specialists by the National Board of Trial Advocacy, four are members of the American Board of Trial Advocates, and our investigative team includes professionals with law enforcement backgrounds. We take time to understand each family’s story and tailor our approach to the circumstances of the case.
Georgia Medical Malpractice Filing Requirements
Georgia medical malpractice claims generally require a complaint to include an affidavit from a competent medical professional identifying at least one alleged negligent act or omission and its factual basis. This Georgia expert affidavit requirement, set out in O.C.G.A. § 9-11-9.1, can affect how a claim is prepared and filed.
Under O.C.G.A. § 9-3-71, Georgia applies a two-year filing period for medical malpractice actions and a five-year statute of repose, subject to exceptions and case-specific analysis. The applicable deadline can depend on the injury, the alleged conduct, the child’s age, and other facts, so families shouldn’t rely on a general deadline when considering a claim.
Contact us today at (404) 609-1081 for a free, confidential consultation.
