Georgia Birth Injury Lawyer
When doctors provide substandard care during pregnancy or birth, the child can suffer serious injuries that result in lifelong deformities, disabilities, or death. When this occurs, you may have grounds to file a birth injury lawsuit against the responsible health care providers. Our nationally recognized Georgia birth injury lawyers can recover substantial compensation for you and your child.
Why Trust Our Georgia Birth Injury Lawyers at Levin & Perconti?
We are a nationally recognized birth injury law firm with over three decades of experience. We have the financial resources, knowledge, and stamina to fight powerful health care corporations and recover maximum compensation.
Meet Our Nationally Recognized Birth Injury Attorneys
Our award-winning attorneys are nationally known advocates of birth-injured children, with numerous record-setting verdicts and settlements throughout the country that have made the headlines. Our team has over 400 years of combined experience and a lifetime of achievements in birth injury litigation.
Dov Apfel
Dov Apfel is the attorney other lawyers call when they need a birth injury advocate. He has been handling birth injury claims for over forty years and has participated in birth injury litigation in 26 states, including Georgia. Lawyers and judges nationally recognize him as a fount of scientific and medical knowledge in birth trauma. He is the author of a landmark law review article that helped set the standard for how cerebral palsy claims are proven.
His reputation has won him numerous prestigious awards and accolades, including:
- Best Lawyers in America
- Illinois Super Lawyers
- Martindale-Hubbell AV Preeminent rating
- One of the nation’s top 10 medical malpractice settlements in 2020
Dov, Thank you. Thank you. Thank you. Blessings to you, your family, and your many fortunate clients. Mom wished for me to express their deepest gratitude on behalf of her family and little [daughter].
Seth Cardeli
Seth Cardeli is a skilled trial lawyer who has been representing families of birth-injured children throughout the United States for over ten years. Mr. Cardeli is a national leader in birth injury litigation. He serves as co-chair of the Birth Trauma Litigation Group of the American Association of Justice and conducts educational seminars for attorneys nationwide. His accomplishments include:
- Multiple published articles in respected legal journals
- Millions of dollars in successful birth injury cases
- Best Lawyers in America
- Illinois Super Lawyers
- Leading Lawyers
- National Trial Lawyers Top 40 Under 40
- One of the nation’s top 10 medical malpractice settlements in 2020
I had the big blessing of being represented by Seth Cardeli and Danielle Downey. My case was a medical malpractice that I suffered that threatened my life. From the very beginning of the process, they showed incredible professionalism and true care for my well-being.
Our Notable Birth Injury Case Results
We have won outstanding birth injury settlements and verdicts throughout the United States, including:
$40 million
Verdict
for a 19-year-old disabled teen who suffered a severe brain injury during birth due to a delayed C-section delivery.
$20 million
Verdict
on behalf of a child who suffered preventable HIE and asphyxia injuries at birth, resulting in permanent cognitive and developmental impairments.
$14 million
Verdict
for the family of a child who suffered a brain injury from lack of oxygen during her birth after a Chicago area hospital failed to promptly respond to fetal monitoring and did not arrange for a timely C-section.
$11.5 million
Settlement
FTCA settlement for a child who suffered a catastrophic brain injury due to hypoxic-ischemic encephalopathy at the U.S. Naval Hospital in Guam
$9 million
for the family of an infant who suffered a permanent brain injury because a doctor failed to diagnose Group B Strep Meningitis during pregnancy
$6.5 million
for a young girl who developed cerebral palsy due to an untimely C-section
What to Expect When You Hire Our Georgia Birth Injury Attorneys
When you choose our birth injury law firm, you will get a caring team of passionate advocates who refuse to settle for less-than-fair compensation. We care about every client, and you can count on our attorneys to answer your calls, keep you informed about your case, and work tirelessly for the compensation you deserve.
“One of the most rewarding parts of my professional life has been the fact that I have been privileged to represent and bring justice to the most innocent victims of medical malpractice: children and their families. What is equally rewarding is being sought out by lawyers and families throughout the United States, as well as sharing my knowledge in educational settings. I get to see the impact of my work in birth injury cases that I’m not directly a part of, which is a huge honor.”
– Dov Apfel, Partner
A Wealth of Knowledge
We were among the first attorneys in the nation to take on birth injury cases. Fellow lawyers nationwide trust us to handle their clients’ birth injury cases. Our knowledge of federal and state birth injury litigation laws is unmatched, and we have developed the most effective and aggressive approach to handling every case.
No Up-Front Fees
We provide world-class representation to birth injury victims and families without charging upfront fees. We collect a percentage of your compensation as our fee if we successfully resolve your claim. You only pay if we win.
We Will Do the Work To Prove Negligence
We will do the hard work to prove that your health care provider’s carelessness caused your baby’s injuries. It will require an in-depth investigation, expert analysis, and retrieval of your medical records. Our financial resources allow us to invest every dollar needed to prove your claim without you having to pay the costs upfront. We will also invest the time it takes to identify evidence, interview hospital personnel, review your medical records, and prepare your case for trial.
Readiness for Trial
We are able to settle most cases, but it occasionally becomes necessary to take a case to trial. We prepare every case for trial. Our adversaries in the medical field know that our skilled trial lawyers can win in court. They often settle for the amount we demand to avoid facing us in court.
Types of Birth Injury Cases We Handle at Levin & Perconti
We have handled birth injury claims that involve nearly every type of injury and stem from nearly every form of medical malpractice. Below are examples of the types of claims we have handled:
- Delayed C-section injuries
- Forceps injuries
- Gestational diabetes injuries
- Hypoxic-ischemic encephalopathy, or HIE
- Injuries from maternal conditions during pregnancy
- Miscarriage and stillbirth
- Neonatal seizures
- Neonatal stroke
This is not an exhaustive list. Even if your circumstances vary from the examples above, we may be able to help if the mother or infant suffered an injury that resulted from a doctor’s failure to follow accepted medical standards.
Georgia Laws on Birth Injury Lawsuits
Birth Injury Statute of Limitations in Georgia
Like most states, Georgia has a statute of limitations for birth injury claims, setting a strict deadline for filing suit. The time limit varies based on who files the claim and the type of claim. The deadlines imposed by Georgia’s statutes of limitations are listed in the table below:
| Nature of the Claim |
|---|
| Parent claim for injuries to the child |
| Parent claim for injuries to the mother |
| Wrongful death claims |
| Claims by or on behalf of the child |
| Statute of Limitations |
|---|
| 2 years from the date of the injury |
| 2 years from the date of the injury |
| 2 years from the date of death |
| 7 years from the date of the injury |
| Nature of the Claim | Statute of Limitations |
|---|---|
| Parent claim for injuries to the child | 2 years from the date of the injury |
| Parent claim for injuries to the mother | 2 years from the date of the injury |
| Wrongful death claims | 2 years from the date of death |
| Claims by or on behalf of the child | 7 years from the date of the injury |
Some birth injuries are discovered long after the child’s birth. For instance, cerebral palsy is often not diagnosed until after the ordinary statute of limitations expires. In such cases, the statute of limitations begins to accrue on the date you discover or should have discovered the injury. However, the law also imposes a hard deadline of five years from the incident causing the injury.
The statute of limitations is a complex law with many exceptions. The time limit for your case may be shorter than those listed above. It is crucial to contact a Georgia birth injury attorney as soon as possible after your injury. If you miss the deadline, your right to file a claim is lost. Our attorneys can determine the deadline for your case and file your lawsuit on time.
What Types of Damages Are Available in Georgia for a Birth Injury Claim?
Damages for a birth injury may include special damages, general damages, and punitive damages.
Special damages are compensation for monetary losses related to the injury, such as the following:
- The lifetime cost to care for a special needs child
- The parents’ lost wages
- The cost of providing for special educational needs
- Medical expenses that arise because of the injury
- Lost earning potential for the child
General damages are compensation for subjective losses, such as pain and suffering, loss of enjoyment of life, loss of bodily functions, and emotional distress. Many states limit how much you can recover in birth injury claims. Georgia also imposed such limits until 2010, when the Georgia Supreme Court ruled the limits unconstitutional.
Punitive damages are awarded in rare cases where clear and convincing evidence establishes the health care provider’s conduct was intentional, malicious, fraudulent, or indifferent. They aim to punish the defendant and deter other misconduct rather than compensate the victim.
Georgia law limits punitive damages to $250,000, and 75 percent of the award after attorney’s fees must be paid to the state treasurer rather than the plaintiff.
Can You Recover Damages for Wrongful Death in Birth Injury Cases?
Compensation is available in the event of the death of the mother or child from a birth injury. Recoverable damages include the probable lifetime income of the deceased had they survived, funeral and burial expenses, medical expenses, and intangible effects like loss of companionship.
Wrongful Death Judgment Notification Requirements
Health care providers in Georgia must notify their licensing authorities within ten days of any wrongful death judgment against them to allow for an investigation to determine whether disciplinary action is warranted.
What to Consider When Choosing a Georgia Birth Injury Lawyer
Choosing a birth injury lawyer could be your most important decision regarding your claim. Birth injury cases are complex, and not all medical malpractice attorneys have the skill or resources to successfully litigate these claims. Look for a lawyer that meets the following criteria:
- Years of experience handling birth injury claims similar to yours
- Relationships with medical experts and other professional witnesses
- The respect of the legal community
- Testimonials from past clients
- Open communication with clients
- A personalized approach
- Significant financial resources to cover case costs
- No upfront costs
- A verifiable record of successful case results
- Compassion for clients
Our Georgia birth injury attorneys check all these boxes. We have been handling birth injury claims since 1992.
Our numerous life-changing settlements and verdicts have won us national acclaim and hundreds of glowing client testimonials. Our clients rave about our compassionate approach and open communication. You have nothing to lose by contacting our talented birth injury attorneys. The initial consultation is free, and we absorb all the risk by fronting the costs with no upfront charges to you.
Contact Us If You Think You Have a Birth Injury Case
If you or your child has suffered a birth injury, medical malpractice may be to blame. Since 1992, we have recovered over $2 billion in compensation, including multiple record six-, seven-, and eight-figure settlements and verdicts. Call our Georgia birth injury lawyers today at (312) 332-2872 or contact us online to schedule your free, no-obligation consultation.
Legally Reviewed by
Dov Apfel
Contact Us
- Free Consultation
- (312) 332-2872
"*" indicates required fields
Notable Results
VERDICT
for a child who suffered a brain injury due to the negligence of nurses and residents during labor.
SETTLEMENT
for a child who suffered a brain injury due to negligent nursing and medical care during labor and cesarean section.
VERDICT
for a child who suffered a brain injury due to lack of oxygen during birth.
States Served
- Arizona Birth Injury Lawyer
- D.C. Birth Injury Lawyer
- Georgia Birth Injury Lawyer
- Illinois Birth Injury Lawyer
- Kentucky Birth Injury Lawyer
- Maryland Birth Injury Lawyer
- Minnesota Birth Injury Lawyer
- Missouri Birth Injury Lawyer
- New Jersey Birth Injury Lawyer
- New Mexico Birth Injury Lawyer
- New York Birth Injury Lawyer
- Ohio Birth Injury Lawyer
- Pennsylvania Birth Injury Lawyer
- Vermont Birth Injury Lawyer
- Washington Birth Injury Lawyer
- Wisconsin Birth Injury Lawyer
