Atlanta Birth Injury Lawyer

A birth injury changes everything before a family has had time to process what happened. The child you were expecting and the future you were planning can look entirely different in the hours and days after a delivery that went wrong. Some birth injuries resolve with time and treatment. Many do not, and the medical costs, therapy needs, and lifelong care requirements that follow a serious birth injury can reach into the millions over a child’s lifetime. An experienced Atlanta birth injury lawyer like those at Wetherington Law Firm can help families pursue compensation against negligent hospitals and health care providers. 

Medical providers do not concede these cases. Hospitals, obstetricians, and their insurers retain experienced defense teams whose entire job is to argue that the injury was unavoidable, that the standard of care was met, and that the family is owed nothing. If your child was injured during labor, delivery, or the immediate postpartum period because of a medical provider’s negligence, you need an Atlanta birth injury attorney who understands how these cases are defended and how to build a claim that stands up against those defenses.

At Wetherington Law Firm, birth injury cases are handled with the same resources, preparation, and commitment to trial-readiness we bring to our most serious injury litigation. We work with the medical experts these cases require, we document every dimension of the harm, and we pursue full compensation for every cost your family will face. 

Call (404) 888-4444 or fill out our quick online form for a free consultation. All our cases are handled on a contingency basis and you do not pay us unless we win. 

What Is a Birth Injury?

A birth injury is physical harm suffered by a newborn or mother during labor, delivery, or the immediate postpartum period as a result of medical negligence. Birth injuries are distinct from birth defects, which arise from genetic or developmental causes unrelated to medical care. A birth injury is caused by what a healthcare provider did or failed to do during the delivery process.

Not every difficult birth produces a legal claim. Medicine involves risk, and not every bad outcome reflects negligence. What creates a claim is the departure from the accepted standard of care, meaning the care that a reasonably competent medical provider with the same training and in the same circumstances would have provided. When a physician, nurse, midwife, or hospital system falls below that standard and a child or mother is injured as a result, Georgia law provides a path to compensation.

Birth injury cases are among the most technically complex in personal injury litigation. Establishing that the standard of care was breached, that the breach caused the specific injury, and that the injury produced the damages claimed requires medical expert testimony at every stage. This is not a case type where general personal injury experience is sufficient. You need an Atlanta birth injury attorney who has handled these cases, understands the medical evidence, and works with qualified obstetric and neonatal experts from the beginning.

Common Types of Birth Injuries

Hypoxic-Ischemic Encephalopathy (HIE)

Hypoxic-ischemic encephalopathy is one of the most serious and most litigated birth injuries. HIE occurs when a newborn’s brain is deprived of oxygen during or around the time of delivery. The deprivation triggers a cascade of cellular damage that, depending on its duration and severity, can produce permanent brain injury ranging from mild cognitive impairment to severe neurological disability.

HIE is classified by severity:

• Mild HIE: Subtle neurological findings that typically resolve within the first few days. Long-term outcomes are generally favorable, though some children experience learning difficulties or behavioral issues.
• Moderate HIE: More significant neurological abnormalities including altered consciousness, seizures, and abnormal tone. Outcomes vary. Some children recover substantially with early intervention; others experience permanent cognitive, motor, or sensory impairment.
• Severe HIE: Profound depression of neurological function, including coma, severe seizure activity, and multi-organ involvement. Severe HIE frequently results in permanent disabilities including cerebral palsy, intellectual disability, epilepsy, and the need for lifelong assisted care.

Therapeutic hypothermia, commonly called cooling therapy, has become the standard of care for eligible newborns with HIE. When it is initiated within six hours of birth, it can significantly reduce the extent of brain injury. Failure to recognize HIE and initiate cooling therapy in a timely manner is itself a form of negligence that worsens the outcome and expands the damages.

What makes HIE cases difficult is that the injury requires expert analysis to establish both when the oxygen deprivation occurred and whether it was preventable. Defense teams argue that the deprivation happened before labor or that it was an unavoidable complication of delivery. Establishing the timing and cause of HIE requires placental pathology, fetal heart rate monitoring analysis, neuroimaging interpretation, and expert testimony from maternal-fetal medicine specialists and neonatologists.

Cerebral Palsy

Cerebral palsy is not a single condition but a group of permanent movement and coordination disorders caused by damage to the developing brain. When cerebral palsy results from oxygen deprivation, trauma, or infection during labor and delivery, it may constitute a birth injury with a viable legal claim.

Cerebral palsy manifests differently depending on which part of the brain was damaged:

• Spastic cerebral palsy is the most common form. It involves increased muscle tone, stiffness, and difficulty with controlled movement. Spastic diplegia primarily affects the legs; spastic hemiplegia affects one side of the body; spastic quadriplegia affects all four limbs and is typically the most severe form.
• Dyskinetic (athetoid) cerebral palsy produces uncontrolled, involuntary movements of the hands, feet, arms, and legs. It is frequently associated with damage to the basal ganglia and is often linked to acute hypoxic events during delivery.
• Ataxic cerebral palsy affects balance and depth perception, producing unsteady movement and difficulty with precise motor tasks.

The lifetime cost of cerebral palsy is extraordinary. Depending on the severity, a child with cerebral palsy may require physical therapy, occupational therapy, speech therapy, orthopedic surgeries, assistive devices, specialized education, behavioral support, and in severe cases, full-time attendant care. The total lifetime cost of care for a child with severe cerebral palsy can exceed $5 million, and that figure does not include the loss of the child’s future earning capacity or the profound non-economic impact on the child and family. These cases need an Atlanta birth injury lawyer to stand against negligent health care providers and their insurers. 

Establishing that cerebral palsy resulted from negligence during delivery, rather than from an unpreventable cause, is the central challenge in these cases. It requires a detailed review of the entire obstetric record, expert analysis of fetal monitoring strips, and testimony from specialists who can explain to a jury exactly what the medical team saw, what they should have done, and what they did instead.

Brachial Plexus Injuries and Erb’s Palsy

The brachial plexus is the network of nerves that runs from the spinal cord through the neck and shoulder and controls movement and sensation in the arm and hand. Brachial plexus injuries in newborns typically occur when excessive traction is applied to the baby’s head or neck during delivery, stretching or tearing the nerves that control arm function.

Erb’s palsy is the most common form of brachial plexus birth injury. It affects the upper brachial plexus and typically produces weakness or paralysis in the shoulder and upper arm while leaving hand and finger movement relatively intact. The classic presentation is the “waiter’s tip” posture, in which the affected arm hangs at the side, rotated inward.

Klumpke’s palsy affects the lower brachial plexus and produces weakness in the forearm, hand, and fingers. It is less common than Erb’s palsy and often more functionally limiting in terms of fine motor tasks.

Recovery from brachial plexus injuries depends on the severity of the nerve damage:

• Neuropraxia involves nerve stretching without tearing. Most neuropraxia injuries recover substantially within three to six months.
• Neuroma involves partial tearing with scar tissue formation. Recovery is incomplete, and surgical intervention may be required.
• Rupture involves complete tearing of the nerve. Surgical repair is necessary, and recovery is often incomplete.
• Avulsion involves the nerve root being torn from the spinal cord. This is the most severe form and cannot be surgically repaired at the site of injury.

Many brachial plexus birth injuries are caused by negligent management of shoulder dystocia, a delivery complication in which the baby’s shoulder becomes impacted behind the mother’s pubic bone after the head delivers. Shoulder dystocia requires trained obstetric maneuvers, and the application of excessive lateral traction, rather than the appropriate maneuvers, is a recognized form of negligence in birth injury litigation.

Skull Fractures and Intracranial Hemorrhage

Skull fractures and bleeding inside the skull can result from the improper use of forceps or vacuum extractors during assisted delivery. Linear skull fractures are the most common type and often heal without intervention. Depressed skull fractures, in which bone is pushed inward toward the brain, may require surgical correction and carry a risk of permanent neurological injury.

Intracranial hemorrhage, including subdural hematoma, epidural hematoma, and subarachnoid hemorrhage, can result from birth trauma and can cause permanent brain damage, seizure disorders, and developmental delays if not promptly recognized and treated.

When these injuries result from the improper application of forceps or vacuum extractors, the failure to recognize the limits of those instruments, or the failure to proceed to cesarean section when assisted vaginal delivery posed unacceptable risk, they form the basis of a medical negligence claim.

Facial Nerve Injuries

Facial nerve injuries occur when the facial nerve is compressed or damaged during delivery, typically by forceps or by prolonged pressure from the birth canal. Most facial nerve injuries produce temporary weakness or paralysis on one side of the face. Many resolve on their own within weeks. Severe facial nerve injuries, particularly those involving nerve tearing rather than compression, can produce permanent facial asymmetry and impaired function.

Hypoxia and Perinatal Asphyxia

Hypoxia, the deprivation of adequate oxygen to the body’s tissues, and perinatal asphyxia, the broader disruption of oxygen and blood flow around the time of birth, can cause permanent harm to the brain, heart, kidneys, and other organs when they are not recognized and addressed promptly. Causes include umbilical cord complications, placental abruption, uterine rupture, and prolonged or obstructed labor.

When fetal heart rate monitoring shows signs of fetal distress that are ignored or misinterpreted, when a necessary emergency cesarean section is unreasonably delayed, or when resuscitation in the delivery room is inadequate, the resulting hypoxic injury may be the product of negligence rather than an unavoidable complication.

These cases are difficult to prove and you stand less chance without an attorney. An Atlanta birth injury lawyer works with expert witnesses like doctors to establish a standard breach of care, causation and damages which are essential to any birth injury lawsuit. 

Call (404) 888-4444 or fill out our quick online form for a free consultation. All our cases are handled on a contingency basis and you do not pay us unless we win. 

Common Causes of Birth Injuries in Atlanta

Birth injuries do not happen randomly. Most involve specific departures from the standard of care at identifiable moments during labor and delivery. The most common negligent causes we see in Atlanta birth injury cases include:

• Failure to monitor fetal heart rate and recognize signs of fetal distress. Electronic fetal monitoring produces a continuous record of the baby’s heart rate pattern throughout labor. Certain patterns are established indicators of compromised oxygen delivery. Failure to recognize, document, or respond to those patterns is among the most common forms of negligence in birth injury litigation.
• Unreasonable delay in performing a cesarean section. When fetal monitoring, labor progression, or maternal condition indicates that vaginal delivery poses an unacceptable risk to the baby, the standard of care requires timely cesarean delivery. Delays attributable to physician unavailability, poor hospital protocols, or judgment errors that prioritize attempted vaginal delivery over fetal safety are a recognized basis for negligence claims.
• Improper use of forceps or vacuum extractors. Assisted delivery instruments can cause significant harm when used outside their indicated parameters, applied with excessive force, or continued when progress is not being made. The decision to use these instruments, and how they are used, is evaluated against the standard of care for the specific clinical situation.
• Failure to diagnose and treat maternal infections. Group B streptococcus, chorioamnionitis, and other maternal infections can cause devastating neonatal injury if not identified and treated appropriately. Failure to screen, failure to treat, or failure to recognize signs of infection during labor can expose the newborn to preventable harm.
• Improper management of shoulder dystocia. Shoulder dystocia is a recognized obstetric emergency that requires specific trained maneuvers. The improper response, including excessive traction on the baby’s head, is a well-documented cause of brachial plexus injury and asphyxia.
• Medication errors. Improper dosing of Pitocin or other labor-inducing medications can cause uterine hyperstimulation, reducing oxygen delivery to the baby. Errors in epidural or anesthetic administration can compromise maternal and fetal safety.
• Failure to recognize and respond to umbilical cord complications. Cord prolapse and nuchal cord situations require prompt recognition and management. Delays in response can result in oxygen deprivation with permanent consequences.

How Georgia Medical Malpractice Law Applies to Birth Injury Claims

Birth injury cases in Georgia are governed by the state’s medical malpractice statute, O.C.G.A. § 51-1-27, which provides that a medical professional who fails to exercise the requisite degree of care, skill, and treatment that under similar conditions and circumstances is ordinarily employed by the profession is liable for resulting harm.

Several Georgia-specific rules directly affect how birth injury cases are prepared and pursued.

Expert affidavit requirement under O.C.G.A. § 9-11-9.1. Georgia requires that a medical malpractice complaint be accompanied by an affidavit from at least one qualified medical expert who has reviewed the case and attests that at least one act of negligence occurred. This requirement exists from the outset of the case, which means expert engagement and case review must happen before the lawsuit is filed.

Modified comparative fault under O.C.G.A. § 51-12-33. As in other Georgia personal injury cases, fault can be allocated among multiple parties. In birth injury cases, defense teams sometimes attempt to argue that maternal conduct, including failure to follow medical advice or seek timely prenatal care, contributed to the outcome. Understanding how comparative fault may be applied, and how to counter those arguments, is part of case preparation.

Ante litem notice requirements for hospital claims. When a birth injury involves a hospital that is operated by a government entity, claims carry shorter notice requirements than standard personal injury cases. Missing those deadlines can eliminate a valid claim against a government-operated hospital.

Statute of limitations considerations. Georgia’s general personal injury statute of limitations is two years under O.C.G.A. § 9-3-33. However, for medical malpractice claims involving minors, Georgia law tolls the statute of limitations until the child’s fifth birthday or for two years from the date of the negligent act, whichever is later, under O.C.G.A. § 9-3-73. Despite this extension, early investigation and expert engagement are critical. Medical records become harder to obtain, witnesses’ recollections fade, and evidence becomes more difficult to reconstruct with each passing year.

What Compensation Is Available in a Georgia Birth Injury Case?

Georgia law allows families to pursue the full economic and non-economic impact of a birth injury. In serious cases involving permanent disability, the damages are among the largest in civil litigation, and the life care plan that projects them is among the most important documents in the file.

Economic damages cover every financial cost that can be documented and calculated:

• Past and future medical expenses including hospitalizations, surgeries, specialist visits, and ongoing monitoring
• Physical therapy, occupational therapy, speech therapy, and behavioral therapy over the child’s lifetime
• Neurological, developmental, and rehabilitative care
• Assistive devices including wheelchairs, communication devices, orthotics, and adaptive equipment
• Special education services and educational support
• Home modifications to accommodate physical limitations
• Attendant care costs, ranging from part-time support to 24-hour care for children with severe disability
• Vehicle modifications
• The child’s lost future earning capacity, calculated by vocational and economic experts based on the limitations the injury has imposed

Non-economic damages cover what cannot be itemized on a bill but is equally real:

• The child’s pain and suffering, past and ongoing
• The child’s loss of enjoyment of life, including the experiences, independence, and opportunities no longer accessible
• Emotional distress and psychological harm to the child
• Loss of consortium for the parents, compensating for the impact the injury has had on the parent-child relationship and family life

Punitive damages are available in cases where the defendant’s conduct rises above negligence into willful misconduct, conscious indifference, or deliberate disregard for patient safety. These cases are less common in birth injury litigation than in other contexts, but they arise when evidence shows a medical provider ignored clear warning signs repeatedly, or when a hospital’s systemic failures reflect institutional indifference rather than individual error.

The value of a birth injury case is not a number drawn from a standard table. It is built, one element at a time, through medical documentation, expert life care planning, economic analysis, and vocational testimony, to reflect every cost this injury has imposed and will continue to impose over the course of the child’s life.

How We Built a Full Recovery in a Birth Injury Case

In one serious case handled by our firm, a newborn suffered severe HIE after signs of fetal distress on the monitoring record were not acted upon for an extended period. The hospital’s initial position was that the injury was caused by a prenatal event unrelated to the delivery and that the delivery team had responded appropriately to the clinical situation.

A thorough review of the complete obstetric record told a different story. An expert in maternal-fetal medicine analyzed the fetal heart rate monitoring strips and identified a clear pattern of late decelerations beginning hours before delivery, a pattern well recognized in the medical literature as a sign of uteroplacental insufficiency requiring intervention. Documentation in the nursing notes showed the pattern was observed but not escalated to the attending physician in a timely manner.

A neonatologist reviewed the immediate postpartum records and confirmed that cooling therapy was initiated outside the optimal window, a delay attributable to the failure to recognize the severity of the injury in the delivery room. Neuroimaging obtained at 72 hours of life showed a pattern of brain injury consistent with a subacute hypoxic event during labor, directly contradicting the defense’s claim of a prenatal cause.

A certified life care planner developed a comprehensive projection of the child’s lifetime care needs, including 24-hour attendant care, ongoing therapies, assistive technology, and home modifications. An economist calculated the present value of those costs and the child’s lost earning capacity. The combined damages projection was substantial.

Once the liability and damages case was fully built with expert support at every level, the hospital’s litigation posture changed. The case resolved at a figure that reflected the full lifetime cost of care for the child, the lost earning capacity, and the non-economic impact on the child and family. That outcome was achievable because the case was built as a trial-ready file, with credible experts prepared to testify from the first day of investigation. Review this and many other verdicts and settlements on our case result page. 

Call (404) 888-4444 or fill out our quick online form for a free consultation. All our cases are handled on a contingency basis and you do not pay us unless we win. 

Who May Be Liable for a Birth Injury in Georgia?

Birth injury liability frequently extends beyond the delivering physician. Identifying every responsible party is critical to ensuring that the full scope of damages can be recovered, particularly in cases where individual policy limits are insufficient.

• The delivering obstetrician or midwife is the most common defendant. The physician or midwife managing labor and delivery owes a direct duty of care to both the mother and the newborn, and failures in clinical judgment, technical execution, or timely response are the most common bases for individual liability.
• Labor and delivery nurses owe an independent duty of care. Nursing negligence, including failure to monitor adequately, failure to escalate to the physician, failure to document, or failure to advocate for the patient when clinical findings require it, is a distinct and frequently important component of birth injury claims.
• The hospital may be directly liable for systemic failures, understaffing, inadequate protocols, defective equipment, or negligent credentialing of physicians. Hospitals are also vicariously liable for the negligence of their employed staff, including nurses and employed physicians.
• Anesthesiologists who administer epidurals or manage maternal anesthesia may be liable when medication or dosing errors contribute to harm.
• Maternal-fetal medicine specialists who provide high-risk prenatal care and make recommendations about delivery timing and management may bear responsibility when those recommendations depart from the standard of care and contribute to the injury.

Identifying all liable parties requires a complete review of every aspect of the medical record, including prenatal records, labor and delivery records, nursing documentation, and postpartum records, making hiring an Atlanta birth injury attorney even more significant. That review is the foundation of every birth injury case we handle.

What a Georgia Birth Injury Lawsuit Must Prove

Winning a birth injury case in Georgia requires proving four elements, all of which depend on qualified medical expert testimony.

Duty is established by the provider-patient relationship. An obstetrician managing labor and delivery, a nurse providing bedside care, a hospital treating a laboring patient, all owe a duty of care to the mother and newborn.

Breach requires expert testimony establishing what the accepted standard of care required in the specific clinical situation and how the defendant’s conduct fell below that standard. This is the heart of every birth injury case, and it is where defense teams focus most of their effort. Standard of care disputes are resolved through competing expert testimony, which is why the quality and credibility of the plaintiff’s experts matters enormously.

Causation is frequently the most complex element in birth injury litigation. It requires proving not only that the defendant was negligent but that the negligence caused the specific injury the child sustained. Defense teams in birth injury cases invest heavily in causation arguments, retaining experts to argue that the injury was caused by a prenatal event, a genetic factor, or an unavoidable complication rather than by any failure of care during delivery. Countering those arguments requires detailed neuroimaging analysis, placental pathology, fetal monitoring interpretation, and expert testimony that addresses the defense’s causation theory directly.

Damages require documenting the full scope of the child’s current and future needs through a comprehensive life care plan, expert economic analysis, and vocational testimony. In severe cases, this is a multi-expert, multi-year undertaking that forms a substantial portion of the total work in the case.

The Statute of Limitations for Birth Injury Claims in Georgia

Georgia’s general personal injury statute of limitations is two years under O.C.G.A. § 9-3-33. For medical malpractice claims involving minors, however, O.C.G.A. § 9-3-73 provides a modified limitations period: the claim must be brought within two years of the negligent act, or by the child’s seventh birthday, whichever is later.

This extension exists because birth injuries are not always apparent immediately, and families sometimes do not connect a child’s developmental difficulties to events during delivery until months or years after the birth. Despite this statutory extension, early engagement with an Atlanta birth injury attorney is strongly advisable. Medical records are most complete and most accessible close to the time of the injury. Witnesses recall events more accurately. Expert analysis of fetal monitoring records and delivery documentation is more reliable when the records are fresh and complete.

When a birth injury claim involves a government-operated hospital, ante litem notice requirements apply and the deadlines are significantly shorter than the standard limitations period. Missing those deadlines eliminates the claim against the government entity regardless of the merits.

The complexity and preparation time these cases require means that starting early is always the right decision. Call (404) 888-4444 to speak with a Georgia birth injury attorney as soon as possible.

Why Wetherington Law Firm for Your Atlanta Birth Injury Case

Birth injury cases require resources, technical knowledge, and expert relationships that most law firms do not have. The medical experts these cases require, including maternal-fetal medicine specialists, neonatologists, pediatric neurologists, life care planners, and economic analysts, are expensive to retain and must be engaged from the earliest stages of the case. The medical record review alone, in a complex HIE or cerebral palsy case, can run to thousands of pages. Trial preparation takes months.

We make that investment because we understand what a birth injury verdict or settlement means for a family. It is not just a legal outcome. It is the financial foundation for the rest of that child’s life. The difference between full compensation and an inadequate settlement is the difference between affording the therapy, the specialized care, and the adaptive equipment the child needs and going without it. Between the child having the support to reach their fullest potential and being left without the resources that potential requires.

As a birth injury law firm serving Atlanta and all of Georgia, we:

• Engage qualified medical experts from the earliest stages of case investigation, before the lawsuit is filed
• Conduct a thorough review of every medical record, including prenatal records, labor and delivery documentation, nursing notes, and postpartum records
• Work with certified life care planners, pediatric specialists, and vocational and economic experts to build a complete damages case
• Advance all case costs so families face no out-of-pocket expense during litigation
• Prepare every case for trial, because hospitals and their insurers negotiate differently with a firm that will actually go to the jury
• Handle every case on a contingency fee basis, you pay nothing unless we recover compensation for you
• Communicate directly and honestly with families about the strength of the case, the realistic range of recovery, and what the process will look like

When you are ready to talk, contact us online or pick up the phone.

Call (404) 888-4444 or fill out our quick online form for a free consultation. All our cases are handled on a contingency basis and you do not pay us unless we win. 

Frequently Asked Questions About Atlanta Birth Injury Claims

How do I know if my child’s injury was caused by medical negligence?

Not every difficult birth or poor outcome reflects negligence. What creates a legal claim is a departure from the accepted standard of care that caused the injury. The only way to know with confidence is to have the medical records reviewed by a qualified expert who can evaluate what the care team did, what the standard of care required, and whether there is a causal connection between the deviation and the injury. We review birth injury cases and work with medical experts to assess the merits before any lawsuit is filed. A consultation is the right starting point.

What is the difference between a birth injury and a birth defect?

A birth defect arises from genetic or developmental causes that are not related to medical care during delivery. A birth injury is caused by what happened, or failed to happen, during labor, delivery, or the immediate postpartum period. HIE, cerebral palsy caused by oxygen deprivation during delivery, Erb’s palsy from excessive traction, and skull fractures from improper instrument use are birth injuries. Down syndrome, spina bifida, and congenital heart defects are birth defects. The distinction matters legally because a birth injury requires proof that a medical provider’s negligence caused the harm.

How long do I have to file a birth injury lawsuit in Georgia?

For medical malpractice claims involving minors, Georgia law under O.C.G.A. § 9-3-73 generally requires that the claim be brought within two years of the negligent act or by the child’s seventh birthday, whichever is later. When a government-operated hospital is involved, shorter ante litem notice requirements apply. Despite the extended deadline for minor claims, engaging an attorney as early as possible is strongly advisable. Evidence is more accessible, records are more complete, and expert analysis is more reliable closer to the time of the injury.

What does a birth injury case cost to pursue?

We handle birth injury cases on a contingency fee basis, which means you pay nothing out of pocket during the case. We advance all costs, including expert retention, medical record collection, and litigation expenses. Those costs are recovered from the settlement or verdict if the case succeeds. If the case does not result in recovery, you owe nothing.

Can I still bring a claim if my child’s injury was not diagnosed until months or years after birth?

Yes, in many cases. Some birth injuries, including mild to moderate HIE and certain brachial plexus injuries, are not fully apparent until developmental milestones are missed or neurological evaluations are completed months after birth. Georgia’s extended limitations period for minor medical malpractice claims provides time to investigate and file. The critical issue is connecting the child’s current condition to the events of the delivery, which requires a detailed review of the birth records and expert medical analysis. If you have concerns about your child’s development and believe it may be connected to what happened during delivery, contact an Atlanta birth injury attorney as soon as possible.

How much is a birth injury case worth?

The value depends on the severity of the injury and its permanent consequences, the lifetime cost of care as projected in the life care plan, the child’s lost future earning capacity, and the non-economic impact on the child and family. In serious cases involving permanent disability such as cerebral palsy or severe HIE, damages projections frequently reach into the millions when all future costs are fully accounted for. There is no standard figure. A proper evaluation requires a complete medical assessment and expert life care planning specific to the child’s injuries and needs. We can give you a realistic assessment once the records have been reviewed and the experts have been engaged.

What if more than one provider was negligent?

In many birth injury cases, more than one provider, including the delivering physician, labor nurses, the hospital, and other specialists, deviated from the standard of care. Georgia’s comparative fault framework allows liability to be allocated among multiple defendants. Identifying every responsible party and building the case against each one is part of what thorough birth injury litigation requires. Our firm reviews the entire medical record and consults with experts across the relevant specialties to ensure every negligent actor is identified and held accountable.

A birth injury should not determine the limits of your child’s life. The medical system that caused the harm will not voluntarily provide what your child needs. That is what the legal process is for, and it has to be done right. Wetherington Law Firm has the experience, the resources, and the commitment to pursue these cases to their full value.

Call (404) 888-4444 or fill out our quick online form for a free consultation. All our cases are handled on a contingency basis and you do not pay us unless we win.