Birth Injury Caused By Medical Malpractice in Georgia

birth injury caused by medical malpractice in GeorgiaThe birth of a baby represents a special occasion for any household. Normally, everything goes well during and after delivery. The baby and mother turn out healthy. Sometimes, mistakes occur even though doctors, staff persons and hospitals do everything within their power to ensure a safe and healthy birth.

Some of these birth injuries stem from the health of the mother or complications during pregnancy or delivery. Medical negligence, by the physician or some other medical staff person, causes other birth injuries.

Most birth injuries happen unintentionally; nonetheless, the doctor, hospital or staff has a legal responsibility for damages caused by the negligence. If you believe your baby may receive a birth injury caused by medical malpractice, you need to talk to a birth injury lawyer immediately.

The statutes of Limitation for this type of case can be confusing. A Hertz Law PC attorney can evaluate you case, explain your options and fight to help you receive the compensation to care for your child.

Types of Birth Injuries

Physician, nurses or other hospital employees have miscommunications or make mistakes that might cause trauma to a newborn baby. The mistake can occur at any point during delivery or post delivery. Often, the baby suffers an injury in the process.

Some common types of birth injuries include:

• Skull Fractures
• Facial Nerve Damages
• Unawareness of fetal distress
• Erb’s Palsy caused by pulling and stretching the arms of the newborn baby leading to weakness or
• Cerebral Palsy or a lack of nerve functionality and limited body movement caused by trauma to the brain

When a newborn suffers injury due to medical negligence, it becomes an issue of medical malpractice. Often, the physician or medical staff person could have prevented the injury by taking a particular action, making a different or timelier decision regarding the newborn’s care.

Birth injuries are complicated cases, which make it difficult to tell the extent of the damage immediately. Often, negligence leads to permanent harm. The parents and the baby’s care team must monitor the child’s development over time to ascertain the overall effect of injuries.

Contact Our Birth Injury Medical Malpractice Lawyers

The majority of medical negligence cases come about unintentionally, but some are intentional. Birth injuries caused by medical malpractice might also demonstrate recklessness on the part of the physician or medical professional. It is critical to speak to a knowledgeable attorney as soon as possible after you believe injury has occurred.

Some of the common signs of something going wrong and possible medical negligence include the following injuries:

• Lack of muscle tone
• Baby’s head or body flops
• Seizures within first 48 hours of birth
• Baby requires breathing equipment
• Infant turns blue in color

If your newborn baby has suffered a birth injury that a birth injury medical malpractice occurred, speak to one of our birth injury lawyers to receive help. We have combined years of experience representing Georgia families and will fight to help you receive compensation for the emotional and financial challenges of caring for your child.


Birth Injury Lawyer Dunwoody, GA

Birth Injury Lawyer GeorgiaExpectant parents are often filled with joy upon receiving confirmation from their physician about the birth of a new child. Sometimes enthusiastic parents immediately start planning for the baby shower, begin shopping for clothing or pick out the color scheme for new baby’s nursery. On the day of delivery the enthusiasm becomes more intensified. Unfortunately for many couples, the excitement ends some period after birth because their newborn has a birth injury. In the United States, 7 out of 1,000 babies are born with birth injuries. If your child has been born with a serious injury, contact the law firm of Eric J. Hertz, P.C. at for a consultation or for more information. Who is Eric J. Hertz, P.C.?

Eric J. Hertz is a Board Certified Trial Attorney by both the National Board of Trial Advocacy and the American Board of Trial Advocates who represents Georgia parents and their child who was born with birth injuries as a result of medical malpractice or negligence. Eric J. Hertz, P.C. helps the parents and child victims to receive the compensation they deserve due to the medical negligence or malpractice that caused the birth injury.

What are birth injuries?

Birth injuries are trauma to the baby which occurs during the birth process. Although swelling and bruising are birth injuries, these are common injuries due to the amount of pressure to the baby’s head during childbirth. However, these types of injuries usually resolve on their own within a short period of time. Disappointingly, some birth injuries are more serious and can cause permanent or temporary disability, or death.

Serious Birth Injuries

Medical malpractice or negligence is frequently linked to serious birth injuries. Birth injuries medical malpractice or negligence occurs in situations such as the improper care or negligence of a doctor, midwife or nurse, improper use of forceps or vacuum, or when the baby is too large to pass through the birth canal and the physician fails to perform an immediate cesarean section (C-section). There are various causes of medically related birth injuries and the lawyers at Eric J. Hertz, P.C. have the expertise and experience in handling birth injury claims including:

Erb’s Palsy
Cerebral Palsy
Facial Nerve Damage
Skull Fractures
Shoulder Dystocia
Klumpke’s Palsy
Brachial Plexus
Lack of oxygen supply due to prolapsed umbilical cord around the neck
Improper administration of medication

At Eric J. Hertz, P.C. we work aggressively to identify the cause and the responsible party of your child’s injury. When your child’s injury is the result of another’s negligence, the law entitles you to recover for your damages. In birth injury claims you can receive monetary compensation for your pain and suffering, future lost earnings; and past and future medical expenses. We have a proven winning record of successfully obtaining million dollar verdicts on the behalf of our clients. Contact one of our attorneys today at Eric J. Hertz, P.C. at to discuss your case, for a consultation, or to receive more information. One of our Serious Injury Lawyers can advise you of your rights and your possible birth injury medical malpractice claim.


“DISCLAIMER: The above article is provided for information purposes only and is not intended to be, nor should be considered legal advice.  Legal advice can only be given by a licensed attorney in your jurisdiction following an individualized consultation.  If you are seeking legal advice, please contact an attorney in your area.”