Stephen Hasner | Birth injuries | July 3, 2026
Reviewed by Stephen R. Hasner, Managing Partner, Hasner Law PC
A birth injury diagnosis changes everything about how your family planned to bring your child home. Instead of a nursery, you may be looking at a neonatal intensive care unit (NICU). Instead of routine pediatrician visits, you may be scheduling consultations with neurologists and physical therapists.
Not every birth complication is the result of negligence. But when a doctor, nurse, or hospital fails to follow the accepted standard of care and that failure injures your child, Georgia law provides a legal path for your family to pursue compensation.
Knowing which types of birth injuries support a malpractice claim, and what Georgia law requires to file one, helps you make informed decisions about your child’s future.
What birth injuries can be caused by medical negligence in Atlanta?
Birth injuries caused by medical negligence in Atlanta include conditions like cerebral palsy, brachial plexus injuries, hypoxic-ischemic encephalopathy (HIE), and skull fractures that occur when healthcare providers fail to meet the accepted standard of care during labor or delivery. According to the Centers for Disease Control and Prevention (CDC), birth injuries affect an estimated 6 to 8 out of every 1,000 live births in the United States.
Key Takeaways About Birth Injuries Caused by Medical Negligence in Atlanta
- Birth injuries and birth defects are different. A birth injury results from something that happened during labor or delivery, while a birth defect is a genetic or structural condition that developed during pregnancy.
- Georgia medical malpractice claims require an expert affidavit confirming that a qualified medical professional reviewed the case and believes negligence occurred.
- Georgia law gives families two years to file a medical malpractice lawsuit, but tolling rules for minors may extend the deadline under specific circumstances.
- The type of birth injury directly affects the lifetime cost of care, which factors into the compensation your family may pursue.
What Is the Difference Between a Birth Injury and a Birth Defect?
A birth injury is physical harm that occurs during labor, delivery, or the immediate postnatal period due to mechanical forces, oxygen deprivation, or medical intervention. A birth defect is a structural, functional, or genetic abnormality that develops during pregnancy, often before labor begins.
Why the Distinction Matters in a Negligence Claim
Georgia medical malpractice law requires proof that a healthcare provider’s action or inaction caused the harm.
A birth defect that originated during fetal development, with no connection to the delivery process, generally does not support a negligence claim against the delivering physician or hospital.
A birth injury linked to delayed intervention during fetal distress, improper use of forceps or vacuum extractors, or a failure to perform a timely cesarean section may support a claim.
The distinction between injury and defect shapes the entire case, from the medical review through the expert testimony at trial.
What Types of Birth Injuries Result from Medical Negligence?
Birth injuries caused by medical negligence range from nerve damage affecting arm movement to brain injuries that produce lifelong disability. The type and severity depends on what went wrong during delivery and how long the harmful condition persisted.
| Birth Injury | Common Cause | Potential Long-Term Effects |
| Cerebral palsy | Oxygen deprivation during prolonged or complicated labor | Motor disability, speech and cognitive impairments, lifelong therapy needs |
| Brachial plexus injury (Erb’s palsy) | Excessive force during delivery of the shoulder | Weakness or paralysis in the affected arm, limited range of motion |
| Hypoxic-ischemic encephalopathy (HIE) | Interruption of oxygen and blood flow to the brain | Seizures, developmental delays, intellectual disability |
| Skull fractures | Improper use of forceps or vacuum extraction | Bleeding, brain swelling, neurological complications |
| Facial nerve damage | Pressure from forceps or positioning during delivery | Facial paralysis, difficulty feeding |
| Intracranial hemorrhage | Traumatic delivery or vacuum extraction complications | Seizures, brain damage, hydrocephalus |
Each injury raises specific medical and legal questions about what the delivering team did, when they acted, and whether a competent provider would have acted differently.
How Does a Healthcare Provider’s Negligence Cause a Birth Injury?
Medical negligence during childbirth occurs when a provider fails to meet the accepted standard of care during labor management or delivery. The negligent act or omission must directly cause the birth injury for a Georgia malpractice claim to proceed.
The forms of negligence that most commonly lead to birth injuries in Atlanta delivery rooms include:
- Failing to monitor fetal heart rate patterns indicating distress and delaying the decision to perform an emergency cesarean section
- Applying excessive traction to the baby’s head, neck, or shoulders during a difficult vaginal delivery
- Misusing forceps or vacuum extraction devices in a way that fractures the skull or damages nerves
- Failing to diagnose or respond to placental abruption, umbilical cord prolapse, or preeclampsia
- Administering Pitocin (a labor-inducing drug) without proper monitoring, causing uterine hyperstimulation
Medical negligence during delivery often involves a sequence of failures rather than a single mistake. A delayed response to fetal distress followed by a rushed forceps delivery may produce injuries that neither failure alone would have caused.
What Does Georgia Law Require to File a Birth Injury Claim?
Georgia medical malpractice law under O.C.G.A. § 9-3-71 requires families to file a birth injury lawsuit within two years of the date the injury occurred. Georgia also imposes a five-year statute of repose, meaning no claim may be filed more than five years after the negligent act.
The Expert Affidavit Requirement
Georgia law under O.C.G.A. § 9-11-9.1 requires every medical malpractice complaint to include an expert affidavit, a signed statement from a qualified medical professional confirming the healthcare provider deviated from the accepted standard of care. Filing without this affidavit may result in dismissal.
The medical professionals involved in reviewing a birth injury case typically include:
- An obstetrician or maternal-fetal medicine physician who evaluates labor management decisions and delivery technique
- A neonatologist who reviews the baby’s condition at birth, resuscitation efforts, and NICU course
- A pediatric neurologist who assesses the nature and cause of any brain injury or neurological damage
- A nursing practice reviewer who examines whether labor and delivery nurses followed monitoring protocols
Each reviewer addresses a different link in the chain of care. A gap at any point may support a negligence claim if that gap caused the birth injury.
Tolling for Minors
Georgia law may extend the filing deadline for birth injury claims involving children.
The specific tolling rules depend on the child’s age and circumstances, and the interaction between the minor tolling statute and the malpractice statute of repose has been addressed in Georgia appellate court decisions.
Consulting with an attorney about your child’s specific timeline prevents missing a deadline that may be shorter than expected.
What Compensation May Atlanta Families Pursue After a Birth Injury?
Georgia law allows families to pursue compensation for the full range of harm a birth injury causes. The damages in a birth injury malpractice case often extend across the child’s entire lifetime.
The CDC reports that lifetime healthcare costs for a person with cerebral palsy may exceed $1 million. A birth injury claim in Georgia may include:
- Past and future medical expenses, including NICU hospitalization, surgeries, physical therapy, occupational therapy, speech therapy, and adaptive equipment
- Long-term care costs, home modifications, and specialized education for permanent cognitive or physical disabilities
- Pain and suffering experienced by the child
- Loss of the child’s future earning capacity if the disability limits their ability to work as an adult
- The parents’ emotional distress and loss of the anticipated parent-child relationship
Georgia’s modified comparative negligence rule under O.C.G.A. § 51-12-33 applies to medical malpractice claims. If the defense argues the family shares fault, compensation is reduced by that percentage and barred entirely at 50% or more.
What Warning Signs Suggest a Birth Injury Resulted from Negligence?
Certain patterns in your child’s diagnosis and the events surrounding delivery may indicate that medical negligence played a role. Not every sign confirms malpractice, but each one warrants a closer look at the records by an independent reviewer.
- Low Apgar scores at birth, particularly below 7 at the five-minute mark
- An emergency NICU transfer immediately after birth for breathing difficulties or seizures
- Prolonged labor without intervention despite signs of fetal distress on the monitor
- Use of forceps or vacuum extraction that resulted in visible injuries to the baby’s head, face, or shoulders
- A delayed or emergency cesarean section performed after documented fetal heart rate decelerations
Any of these circumstances justifies obtaining the complete delivery record and having it reviewed by a qualified medical professional.
Ask Hasner Law
My baby was diagnosed with cerebral palsy. How do I know if it was caused by negligence?
Cerebral palsy linked to birth negligence typically results from oxygen deprivation during labor or delivery. Your attorney retains an independent medical expert who reviews fetal monitoring strips, the delivery timeline, and neonatal records to determine whether the medical team’s actions fell below the accepted standard of care. Not every CP diagnosis involves negligence, but a thorough record review reveals whether a claim has merit.
The hospital told us our baby’s injury was unavoidable. Is that true?
Maybe, but that determination belongs to an independent medical expert, not the hospital’s own staff. Hospitals conduct internal reviews after adverse birth outcomes, and their conclusions reflect their own interests.
Your attorney obtains the full record and has it reviewed by a physician not involved in the delivery. That independent analysis forms the basis of a malpractice evaluation.
My child’s birth injury happened more than a year ago. Is it too late?
Not necessarily. Georgia’s statute of limitations under O.C.G.A. § 9-3-71 gives families two years from the date of injury, and tolling rules for minors may extend certain deadlines.
The interaction between these statutes is fact-specific, so consulting with an attorney as soon as possible protects your child’s filing rights.
FAQs for Birth Injuries Caused by Medical Negligence Atlanta
How long do I have to file a birth injury lawsuit in Georgia?
Georgia law generally gives families two years from the date of injury under O.C.G.A. § 9-3-71, with a five-year statute of repose.
Tolling rules for minors may extend certain deadlines, but the interaction is fact-specific. Speaking with an attorney early protects your child’s filing rights.
Do I need a medical expert to file a birth injury case in Georgia?
Yes. Georgia law requires an expert affidavit filed with the complaint under O.C.G.A. § 9-11-9.1. A qualified medical professional must provide a signed statement confirming the healthcare provider deviated from the standard of care. Filing without this affidavit may result in dismissal.
What if the hospital says they followed proper procedures?
The hospital’s position does not determine liability. Your attorney obtains the full medical record and retains an independent medical expert to review it against the accepted standard of care. The expert’s analysis, not the hospital’s internal review, forms the basis of your claim.
How much does it cost to hire a birth injury lawyer in Atlanta?
Hasner Law handles birth injury cases on a contingency fee basis. No Fee Unless We Win. You pay nothing upfront and owe no fees unless we recover compensation for your family. Your first consultation is free. Results depend on the facts of each case.
Protect Your Atlanta Family’s Birth Injury Claim Before the Filing Deadline Passes
Your child’s medical records tell a story the hospital has already started interpreting in its own favor. The fetal monitoring strips, nursing notes, and neonatal resuscitation records all sit in the hospital’s system right now. An independent medical expert reads them differently than the hospital’s risk management team.
Hasner Law’s personal injury attorneys bring more than 100 years of combined experience and have recovered more than $1 billion for injured clients across Georgia.
Our team on Paces Ferry Road represents Atlanta families pursuing birth injury malpractice claims in Fulton County and throughout the state.
Call (678) 888-4878 to have your child’s delivery records reviewed. No Fee Unless We Win.
Results depend on the facts of each case. This content is general information and does not constitute legal advice.