Welcoming a new baby should be one of the happiest moments in a family’s life. But when something goes wrong during labor or delivery—especially due to a medical provider’s mistake—that joy can turn into heartbreak. Birth injuries can leave lasting physical, emotional, and financial consequences, affecting not just the child, but the entire family. In these situations, parents are often left searching for answers: Was this preventable? Who is responsible? What happens now?
Georgia Birth Injury Lawyers
At McArthur Law Firm, we understand how devastating it is to learn that a child may have been harmed by the very professionals a parent trusted. Our attorneys are committed to helping families across Georgia get clarity, accountability, and justice when medical negligence leads to a birth injury. These cases are sensitive and highly complex, often requiring extensive medical knowledge and legal experience to pursue successfully. The McArthur Law Firm employs two lawyers who specialize in birth trauma cases in Georgia, Kathy McArthur and Jessica Edmonds.
McArthur Law Firm serves Fulton County, Bibb County and Fulton County, as well as Clayton County, Cherokee County, Forsyth County, and other counties in Georgia. For more information about the McArthur Law Firm or to set up a free consultation to learn what we may be able to do to help you with your personal injury case, give us a call at one of our offices in Georgia or fill out our online contact form.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
Overview of Birth Injury Cases
- What is a Birth Injury?
- Major Types Of Birth Injuries
- How Birth Injuries Affect Victims’ Lives
- Who Can Be Held Responsible For A Georgia Birth Injury
- How a Birth Injury Lawyer Can Make a Difference
- Frequently Asked Questions
- How a Birth Injury Lawyer Can Make a Difference
What Is a Birth Injury?
A Georgia birth injury refers to any physical harm sustained by an infant in the period immediately before, during, or just after childbirth. These injuries typically occur in the labor and delivery setting and may impact a baby’s muscles, bones, nerves, or vital organs. What sets a birth injury apart from other conditions is when and how it happens—often during the critical moments of delivery, when medical care must be timely, precise, and responsive to complications as they arise.
It’s important to understand that a birth injury is not the same as a birth defect. Birth defects are generally the result of genetic factors, inherited conditions, or developmental issues that occur while the baby is still in the womb. These are usually unavoidable, even with appropriate prenatal care. Birth injuries, on the other hand, are often linked to external factors—namely, what happens during labor and delivery—and may be preventable if proper medical standards had been followed.
Major Types Of Birth Injuries
Brachial Plexus Injuries (Including Erb’s Palsy)
The brachial plexus is a network of nerves that runs from the spinal cord through the neck, shoulders, arms, and hands. During a complicated or difficult delivery—especially when the baby’s shoulders become lodged in the birth canal—these nerves can be stretched, compressed, or even torn. This condition is known as a brachial plexus injury. A specific type of this injury, called Erb’s palsy, affects the upper portion of the arm. Infants with Erb’s palsy may experience weakness, loss of feeling, or even paralysis in the affected arm. The degree of impairment depends on the severity of the nerve damage.
Cerebral Palsy
Cerebral palsy is not a single condition but a group of neurological disorders that affect movement, muscle coordination, and posture. It often results from damage to the baby’s brain during pregnancy, labor, or delivery. One of the most common causes is oxygen deprivation during birth. This kind of injury may occur due to complications like a prolonged labor, failure to perform a necessary C-section, or mismanagement of fetal distress. Children with cerebral palsy may face lifelong challenges, including difficulty walking, trouble with speech, impaired motor skills, and sometimes intellectual disabilities.
Brain Damage from Oxygen Deprivation (Hypoxic-Ischemic Encephalopathy – HIE)
Hypoxic-ischemic encephalopathy (HIE) occurs when the baby’s brain does not get enough oxygen and blood during birth. This condition can result in devastating consequences, such as seizures, delayed development, cognitive impairments, or severe disabilities. HIE is a critical condition and often requires intensive medical care immediately after birth. It is frequently preventable with proper monitoring and timely medical interventions during labor.
Skull Fractures and Facial Nerve Injuries
During delivery, especially when tools like forceps or vacuum extractors are used, babies can suffer from skull fractures or damage to the facial nerves. Skull fractures, although rare, can be serious and may cause underlying brain injuries if not treated immediately. Facial nerve injuries can lead to temporary or permanent loss of movement in parts of the face. For instance, one side of the baby’s face might droop, or they might be unable to close one eye. These injuries are often linked to the use of excessive force or poor technique during assisted delivery.
Spinal Cord Injuries
Spinal cord injuries are among the most serious and devastating types of birth trauma. They can occur when a baby is delivered breech (feet-first) or when there is excessive pulling or twisting of the baby’s body during birth. These injuries can damage the nerves in the spinal cord, potentially leading to partial or complete paralysis. Although rare, when spinal cord injuries do happen, they often result in lifelong medical needs and disabilities.
Shoulder Dystocia
This complication takes place when one or both of the baby’s shoulders get stuck behind the pelvic bone of the mother after the head has emerged. This is a time-sensitive emergency because it can restrict the baby’s breathing and blood flow. If not managed quickly and properly, shoulder dystocia can lead to multiple injuries, including brachial plexus damage, fractures of the collarbone or upper arm, and even oxygen deprivation-related brain damage.
Infections Passed During Labor
Certain infections in the mother, such as Group B Streptococcus (GBS), herpes, or other bacterial or viral infections, can be passed to the baby during childbirth. If these infections are not detected and treated in time, they can result in serious complications like brain inflammation, sepsis, or meningitis. In severe cases, the baby may suffer long-term disabilities or die as a result of the infection.
Delayed Cesarean Section Injuries
When a baby shows signs of fetal distress—such as an abnormal heart rate or decreased movement—a prompt cesarean section may be necessary. A delay in performing a needed C-section can lead to prolonged oxygen deprivation and result in permanent brain injuries, including cerebral palsy or HIE. Timing is critical in such cases, and even a short delay can cause irreversible harm.
Improper Use of Forceps or Vacuum Extraction
Forceps and vacuum extractors are sometimes used to assist in delivering a baby when labor is not progressing. If these tools are used with excessive force or without proper skill, they can cause injuries such as bleeding inside the skull (intracranial hemorrhage), nerve damage, skull fractures, or trauma to the face and scalp. These injuries may be mild and heal with time, or they may cause permanent complications, depending on their severity.
Jaundice Leading to Kernicterus
Jaundice is a common condition in newborns, caused by an excess of bilirubin in the blood. When jaundice is not properly monitored and treated, it can progress to a condition called kernicterus. Kernicterus occurs when bilirubin levels become dangerously high and begin to damage the brain. This condition is preventable with simple screenings and treatments, such as phototherapy. However, if ignored, it can result in hearing loss, vision problems, and lifelong brain damage.
How Birth Injuries Affect Victims’ Lives
Permanent Physical Disabilities
Children with birth injuries may suffer from physical disabilities like muscle weakness, paralysis, or trouble with coordination. These conditions may require wheelchairs, braces, surgeries, or years of physical therapy. Some children never gain full independence.
Lifelong Cognitive And Developmental Delays
Brain injuries at birth can lead to intellectual disabilities, speech delays, learning difficulties, and problems with memory or attention. These issues may not show up until the child reaches school age, making early intervention harder. Long-term educational support and therapy are often necessary.
Communication And Speech Disorders
Many children with birth injuries struggle to speak or understand language. This can be frustrating for both the child and family and may lead to isolation or emotional challenges. Speech therapy is often required for many years.
Loss Of Future Earning Capacity
When a child suffers a serious birth injury, they may never be able to work or live independently. This represents a major financial loss over a lifetime. Georgia law allows families to recover compensation for the loss of the child’s future earning potential.
Lack Of Proper Diagnosis Or Delayed Recognition
In some cases, the full extent of the injury is not known until months or years later. Parents may be told their child is fine, only to discover delays or disabilities later on. This can delay treatment and make it harder to connect the injury to malpractice. A detailed review of medical records by qualified experts is often necessary.
Reduced Quality Of Life For The Child
Children with birth injuries may be unable to enjoy the same experiences as their peers. They may need help with basic tasks, miss out on typical childhood activities, and face social challenges. The loss of independence and dignity can affect them emotionally as they grow older.
Mental And Emotional Impact On The Family
Parents of children with birth injuries often experience anxiety, depression, and stress. Caring for a child with special needs can affect careers, finances, and relationships. Families may feel isolated or blamed, especially when the injury could have been prevented.
Financial Burden Of Ongoing Medical Care
Medical care for birth injuries can be extremely expensive. Families may face years—or even a lifetime—of costs for surgeries, therapy, medications, special education, and in-home care. Health insurance rarely covers everything.
Who Can Be Held Responsible For A Georgia Birth Injury
In Georgia, multiple people or entities may be legally responsible for a birth injury if their actions—or failure to act—directly caused harm to the baby. Liability often depends on whether a healthcare provider violated the accepted medical standard of care. This standard is defined under O.C.G.A. § 51-1-27, which allows injured patients to bring a claim against providers who failed to use the reasonable care and skill required by their profession.
Doctors And OB-GYNs
A doctor or obstetrician may be liable if they make a poor decision during labor or fail to respond to signs of distress. This includes not ordering a timely C-section, using forceps or vacuum tools improperly, misreading fetal monitoring, or failing to diagnose a serious infection. Georgia law holds physicians accountable when their medical negligence directly leads to injury. Expert testimony is usually needed to prove that the doctor acted below the accepted standard of care.
Nurses And Delivery Staff
Nurses are often the first to notice signs of fetal distress or complications. If they fail to notify a doctor, misread vital signs, or do not follow labor protocols, they may be held responsible for contributing to a birth injury. Under Georgia law, nurses and other staff are also held to a professional standard of care, and a claim can be filed under the same statute if their negligence caused harm.
Hospitals And Medical Facilities
Hospitals can be liable for the actions of their employees or for policies that result in substandard care. This includes failure to maintain proper staffing, lack of supervision, poor training, or not following emergency protocols. Hospitals may also be responsible under a legal theory known as vicarious liability, where they are held accountable for the negligent actions of their staff. Georgia courts recognize this responsibility when the provider was acting within the scope of employment.
Medical Device Manufacturers
If a birth injury is caused by a defective medical device, such as a broken fetal monitor or a malfunctioning vacuum extractor, the company that made the device may be liable. These cases fall under product liability laws and are governed in Georgia by separate legal rules. If the injury was made worse because the equipment didn’t work as intended, the manufacturer can be included in the claim.
Each birth injury case is fact-specific and may involve one or more liable parties. Georgia law also requires plaintiffs to file an affidavit of expert with the complaint, as required by O.C.G.A. § 9-11-9.1, which includes a sworn statement from a qualified medical expert who supports the claim.
How a Birth Injury Lawyer Can Make a Difference
A birth injury lawyer represents families whose newborns were harmed due to medical negligence during pregnancy, labor, or delivery. These attorneys investigate whether doctors, nurses, or hospitals failed to follow proper medical procedures—such as delaying a C-section, misusing delivery tools, or ignoring signs of fetal distress. In Georgia, birth injury cases require detailed medical evidence and expert testimony, which a qualified lawyer gathers to build a strong legal claim under laws like O.C.G.A. § 51-1-27 and § 9-11-9.1.
Beyond handling the legal process, a birth injury lawyer helps families recover the compensation needed for long-term care. This can include costs for surgeries, therapy, special education, and lost future income if the child can’t work later in life. At firms like McArthur Law Firm, attorneys also offer emotional support and clear guidance during an overwhelming time. Their work helps families find answers, secure justice, and protect their child’s future—especially in cases involving lifelong conditions like cerebral palsy, Erb’s palsy, or brain damage from oxygen loss.
Frequently Asked Questions
How can a parent determine if a baby’s injury was caused by a medical error?
A lawyer and medical expert may need to review the baby’s medical records for signs of negligence or delays in care.
What is the deadline to file a birth injury claim in Georgia?
According to O.C.G.A. § 9-3-73, most birth injury claims in Georgia must be filed before the child’s seventh birthday.
Is compensation available if the child requires lifelong care?
Yes. Georgia law permits claims for future medical expenses, therapy, and loss of earning capacity.
Will the doctor lose their medical license if a lawsuit is filed?
Typically, no. Filing a lawsuit does not automatically impact a physician’s license unless the Georgia medical board initiates disciplinary action.
What are the costs of hiring a birth injury attorney in Georgia?
Most birth injury attorneys operate on a contingency fee basis, meaning the client pays nothing unless compensation is recovered.
Can both the hospital and the doctor be sued?
Yes. If the hospital’s actions or policies contributed to the injury, both the hospital and the doctor may be held liable.
What kind of evidence is needed to file a claim?
To file a birth injury claim, one must provide medical records, expert testimony, and an affidavit in accordance with O.C.G.A. § 9-11-9.1.
How long does a birth injury case typically take in Georgia?
The duration varies, but many cases take between one and three years to reach resolution.
Will the child have to appear in court?
In most instances, the child is not required to appear in court, as the majority of cases are resolved through settlement.
What if the injury was not immediately discovered?
Georgia law allows for an extended filing period if the injury is identified later; however, legal deadlines still apply.
Additional Resources
- Birth Trauma – National Library of Medicine – This source provides detailed medical information about birth injuries, including their causes, symptoms, and treatments. It explains different types of trauma like hemorrhages, nerve injuries, and bone fractures. The content also outlines risk factors and long-term effects, and it emphasizes the importance of early diagnosis and a coordinated healthcare team for treatment and follow-up.
- Childbirth Problems – MedlinePlus – This source offers information about complications that can happen during childbirth. It includes issues like premature labor, problems with the placenta or umbilical cord, and challenges with the baby’s position. It also explains what medical steps may be taken, like C-sections or labor-inducing drugs, and links to additional topics, treatments, and patient handouts.
- Infant Health – CDC – Childbirth deaths in the USA numbered 1205 in 2021, according to the CDC. This source presents national data about infant health in the United States. It includes statistics on live births, preterm birth rates, low birth weight, and leading causes of infant death. It also links to reports and tables for deeper data and trends, as well as other federal resources focused on infant and maternal health.
Personal Injury Lawyers for Birth Injury in Georgia
McArthur Law Firm serves the cities of Kathleen in Houston County, Peachtree Corners and Lawrenceville in Gwinnett County, Marietta and Smyrna in Cobb County, Stonecrest, Brookhaven and Dunwoody in Dekalb County, Albany in Dogherty County, Columbus in Muscogee County and throughout surrounding areas of the state of Georgia.
Contact one of our offices at the following numbers or fill out an online contact form to start building your case.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
