Birth asphyxia is a medical emergency that can change a child’s life in seconds. When a baby doesn’t get enough oxygen before, during, or right after delivery, it can lead to serious health problems, including permanent brain damage.
If your baby suffered from birth asphyxia in Atlanta, you may be able to take legal action. Understanding what caused the injury and what steps to take next can help protect your child’s future.
What Is Birth Asphyxia?
Birth asphyxia happens when a baby’s brain and other organs don’t get enough oxygen. It can occur before birth (intrauterine), during delivery (intrapartum), or after delivery (postpartum). Doctors and nurses are trained to watch for warning signs and act fast to prevent harm. When they fail to do this, the results can be devastating.
Common causes of birth asphyxia include:
- Umbilical cord problems: A knotted or compressed cord can block oxygen flow
- Placental issues: Placenta abruption or poor blood flow can limit oxygen to the baby
- Prolonged labor: Long or difficult labor can stress the baby and lower oxygen levels
- Maternal health conditions: High blood pressure or infection in the mother can impact oxygen supply
- Failure to perform a timely C-section: Doctors must act quickly if labor is not progressing or the baby is in distress
If birth asphyxia is not treated immediately, it can lead to conditions like cerebral palsy, developmental delays, epilepsy, or even death.
How Do I Know if Medical Negligence Caused My Baby’s Injury?
Doctors are expected to meet a certain standard of care during pregnancy and delivery. If they fail to act appropriately and this leads to birth asphyxia, it may be considered medical malpractice.
Some signs that negligence may have played a role include:
- Ignoring fetal distress: Medical teams should monitor the baby’s heart rate for signs of distress
- Delaying a necessary C-section: Waiting too long to deliver the baby can reduce oxygen supply
- Poor response to emergencies: Failure to act fast during complications can worsen outcomes
- Lack of proper monitoring: Inadequate use of fetal monitors or not checking on the baby regularly
If any of these occurred, a lawyer can review your case and help determine whether malpractice occurred.
What Damages Can I Recover in a Birth Asphyxia Lawsuit?
A birth injury can lead to lifelong medical needs. If your baby’s condition was caused by negligence, you may be able to recover damages for:
- Medical expenses: Hospital bills, surgeries, therapy, and future care needs
- Assistive devices and home modifications: Including wheelchairs, ramps, or communication tools
- Pain and suffering: For both the child and the family
- Loss of earning capacity: If the child is unable to work in the future
- Loss of enjoyment of life: For the child’s inability to experience normal childhood milestones
Georgia does not cap damages in medical malpractice cases, which means your compensation can reflect the true cost of your child’s injuries.
How Do I Prove Medical Malpractice in Georgia?
To file a medical malpractice claim in Georgia, you must show:
- A provider–patient relationship existed
- The provider failed to meet the standard of care
- That failure caused your baby’s injury
- Your baby suffered damages as a result
You’ll also need to file an affidavit of merit, which is a sworn statement from a medical expert who believes malpractice occurred. This must be included with the lawsuit when you file.
A birth injury lawyer can help gather the necessary records, hire experts, and prepare your case according to Georgia law.
How Long Do I Have To File a Birth Injury Lawsuit in Georgia?
In most cases, medical malpractice lawsuits in Georgia must be filed within two years of the injury. However, when the injury involves a child, the timeline is different. For birth injuries, Georgia law allows lawsuits to be filed up until the child’s seventh birthday.
This extended window gives parents more time to recognize the full impact of the injury. Still, it’s better to act sooner rather than later, since evidence can be lost and memories can fade.
What Should I Do if I Suspect My Baby’s Injury Was Preventable?
If you believe medical negligence caused your baby’s birth asphyxia, it’s important to act quickly.
In addition to reporting malpractice with the Georgia Composite Medical Board, families should do the following in preparation for filing any claims:
- Request all medical records: This includes records from the OB-GYN, hospital, and delivery team
- Document your child’s condition: Keep notes about symptoms, treatments, and medical visits
- Track expenses: Keep all receipts for medical care, therapy, equipment, and travel
- Consult a birth injury attorney: A lawyer can review your case, find experts, and explain your rights
You don’t need to navigate this process alone. A qualified attorney can handle the legal side while you focus on your child’s care.
How Can a Birth Injury Lawyer Help?
An experienced lawyer can guide you through every step of the legal process. They can:
- Investigate whether doctors or nurses failed to act appropriately
- Review all medical records and timelines
- Work with expert witnesses to support your case
- Handle filings and court deadlines
- Negotiate for full compensation or take your case to trial
Hospitals and insurance companies have teams of lawyers. Having a skilled attorney on your side can help even the playing field.
What Can I Do After My Baby Suffered From Birth Asphyxia?
A birth injury is one of the hardest things a parent can experience. If your baby suffered from birth asphyxia in Atlanta, Georgia, and you believe it could have been prevented, you may have the right to seek justice. Holding negligent providers accountable can give you answers, financial support, and peace of mind.
To learn more and seek help, call Malone Law Medical Malpractice and Severe Injury Lawyers to schedule a free consultation with an Atlanta birth injury lawyer.
We proudly serve in Fulton County.
Malone Law Medical Malpractice and Severe Injury Lawyers
2 Ravinia Dr NE Suite 300
Atlanta, GA 30346