Birth Injury FAQs

We handle birth injury cases statewide. While our offices are located in Atlanta, Sandy Springs, and Decatur, we represent clients from Savannah to Augusta, Columbus to Gainesville, and every community in between. Distance is never a barrier to accessing the best representation in Georgia.

Not necessarily. Cerebral palsy has multiple causes, and not all cases are linked to birth trauma or medical negligence. A thorough medical and legal investigation — including review of prenatal records, delivery records, placental pathology, and MRI findings — is required to determine whether negligence played a role. We conduct this investigation free of charge for families who contact us. If negligence is found, we pursue it vigorously. If it is not, we will tell you honestly.

Yes. The parents of a baby who died due to a birth injury may bring a wrongful death claim under O.C.G.A. § 51-4-2, seeking the full value of the child’s life. The estate may also bring a survival action for the infant’s conscious pain and suffering and medical and funeral expenses. These are among the most emotionally demanding cases in our practice, and we approach them with both aggressive legal skill and deep compassion for grieving families.

The single most important piece of evidence in most birth injury cases is the electronic fetal monitoring (EFM) strip — a continuous printout of the baby’s heart rate and uterine contractions during labor. This strip can reveal whether signs of fetal distress were present and whether the medical team responded appropriately. Other critical evidence includes nursing notes, the delivery room timeline, operative reports, placental pathology, and the admitting and discharge summaries. We act quickly to preserve all of this evidence before it is altered or lost.

Birth injury cases involving permanent neurological conditions such as cerebral palsy or HIE-related brain damage can have lifetime economic damages exceeding $5–10 million or more when properly calculated with a certified life care planner. Add noneconomic damages for pain, suffering, and loss of enjoyment of life, and the total value of the most serious cases can be substantial. James R. Haug has achieved multiple million-dollar verdicts and multi-million dollar settlements in these cases. Every case is different, but we never undervalue our clients.

Absolutely. The standard of care in Georgia does not differ based on the size of the facility — a physician practicing obstetrics in rural Georgia is held to the same standard as one at a major urban academic medical center. Haug Barron Law Group handles birth injury cases statewide, and we are prepared to investigate claims arising from any Georgia hospital or birthing center.

Claims against public hospitals or government-employed physicians in Georgia may require compliance with ante litem notice requirements under O.C.G.A. § 36-33-5 (for municipalities) or sovereign immunity provisions applicable to state entities. Grady Memorial Hospital is operated by the Fulton-DeKalb Hospital Authority, and special procedural rules may apply. This makes early consultation with an experienced Georgia malpractice attorney absolutely essential.

Yes. Hospitals can be held liable under theories of direct negligence (negligent credentialing, understaffing, deficient policies) and vicarious liability for the negligent acts of their employed physicians, nurses, and staff. Note that when the treating physician is an independent contractor rather than a hospital employee, the analysis changes, but hospitals may still be liable under apparent authority doctrines. Our attorneys have investigated and litigated cases against virtually every major Georgia hospital system.

Under O.C.G.A. § 9-3-73, the statute of limitations for an injured minor generally does not begin to run until the child turns five years old, giving parents until the child’s seventh birthday to file suit. However, this window can be affected by specific circumstances, and evidence preservation is critical from day one. Do not rely on the extended limitations period as a reason to delay — call us now.

Not every birth injury constitutes malpractice. However, if your child suffered a brain injury, nerve damage, or other serious harm and you suspect the medical team acted too slowly, used improper techniques, or missed warning signs on the fetal monitor, you should consult an experienced attorney immediately. At Haug Barron Law Group, we conduct a thorough initial case review at no charge and will tell you honestly whether we believe negligence occurred.