Stone Mountain Maternity Medical Malpractice Lawyer

Stone Mountain Maternity Medical Malpractice Attorney

Birth is supposed to be a time of hope and promise. However, if medical providers do not meet basic standards of care during pregnancy, labor, or delivery, a birth can cause a lifetime of trauma. If you or your baby suffered an injury because of the negligence of a Stone Mountain doctor, nurse, or hospital, a compassionate Stone Mountain maternity medical malpractice lawyer can explain your rights and seek justice.

What Is Maternity Medical Malpractice?

Maternity medical malpractice occurs when those tasked with care during pregnancy, childbirth, or after delivery act negligently in violation of accepted standards of medical practice, and they injure a mother or baby in the process. Maternity medical malpractice is not a case of mere complications. It refers to completely preventable errors. Some of these include:

• Neglecting to recognize fetal distress
• Performing an emergency C-section too late
• Misuse of delivery instruments
• Mismanagement of a maternal emergency, such as preeclampsia or postpartum hemorrhage

These instances can be catastrophic. In many instances, the appropriate standard of care could have prevented a lifetime of disability or death.

Stone Mountain Medical Malpractice

Women in Stone Mountain typically deliver in local hospitals with high patient counts and rotating staff. The most frequently used hospitals are:

• Northside Hospital–Atlanta Campus
• Emory University Hospital Decatur
• Piedmont Atlanta Hospital

High patient counts are just one of the difficulties faced by mothers at these well-regarded facilities.

Mothers can experience overcrowded labor units and rotating staffing schedules. Mistakes occur in even the most respected hospitals. Problems with fetal monitoring, failure to perform timely emergency interventions, or staff miscommunication can arise.

Georgia saw 33.9 maternal deaths per 100,000 live births. In medical malpractice, the state had an average payment of $681,353 for 2024. There were also 344 medical malpractice payments in the state that year.

Stone Mountain Maternity Medical Malpractice Laws

In Georgia, claims for medical malpractice, including maternity malpractice, must be brought within the applicable statute of limitations. The statute of limitations for medical malpractice actions in Georgia is generally two years from the date of the injury. This means a person who was injured by the negligence of a healthcare provider must file a claim within two years of the date of the injury.

There are exceptions to this rule, however. For example, if the medical malpractice resulted in the injury of a minor child, the statute of limitations may be extended until the child’s seventh birthday. In addition, if the injury was not discovered immediately, the plaintiff may have up to five years from the date of the malpractice to file a claim.

The statute of limitations for medical malpractice actions in Georgia can be complex, and it may vary, depending on the facts of the case. Therefore, it is important to contact an experienced maternity medical malpractice attorney as soon as possible after being injured.

Steps for Filing a Maternity Medical Malpractice Claim

Filing a maternity medical malpractice claim in Georgia is a multistep process, and hiring an attorney experienced in maternity medical malpractice cases is the first one.

The process starts with an initial case review. During this meeting, your attorney can go over your experience and determine whether medical negligence may have occurred. Your attorney can then ask for your and your child’s complete medical records if they believe the case has potential, and a full review can then be conducted.

Next, you’ll need to file a written complaint and an affidavit of merit. This is a statement under oath from a medical professional that your claim has merit. Georgia requires this affidavit to include information about how the standard of care was not met.

After your case is filed, your attorney can handle the discovery process and negotiations with the hospital or insurance company. They can also prepare for trial if necessary. Throughout the legal process, your team can collect evidence, seek professional opinions, and advocate for you to obtain proper compensation. The intricacy of maternity medical malpractice cases requires you to secure legal assistance immediately to safeguard your rights.

Signs You May Have Experienced Maternity Malpractice

Maternity malpractice is often hard to recognize right away, especially when medical personnel are quick to dismiss birth complications as “unavoidable.” However, if certain issues arise during your delivery or postpartum recovery, your instincts may be telling you that your injury, or your child’s, was the result of negligence. You may have a case if any of the following occurred during or after your pregnancy or delivery:

• Emergency procedures, like cesarean deliveries, were unnecessarily delayed, even though indicators of fetal distress appeared.
• Providers failed to monitor your labor, including fetal heart rate and contractions.
• Your baby shows inexplicable medical problems, including bone fractures, breathing issues, and post-delivery seizures.
• A birth resulted in life-threatening bleeding or infection, accompanied by inadequate treatment.
• Doctors or nurses minimized your concerns during your labor process or recovery after childbirth.
• There was a need to admit your baby to the NICU without any information about delivery complications.

If one or more of the above occurred during your delivery or postpartum recovery, consider speaking with a maternity medical malpractice attorney to discuss whether your care meets Georgia’s required medical standards. Hospital staff prevented you from documenting the birth process, which could have helped clarify disputed events.

About The Tolson Firm, LLC

At The Tolson Firm, LLC, we represent families across Georgia who have suffered due to medical negligence during pregnancy, labor, or delivery. Led by a proud Black attorney with deep experience in complex birth injury and wrongful death cases, our firm understands the emotional and physical toll maternity malpractice can take.

Compassion is at the heart of what we do, but we also fight fiercely for our clients, personally attending to each one of them. Whether your child was injured through an entirely preventable accident or you were traumatized because of substandard maternal care, we can fight to hold the responsible parties accountable and answerable to justice.

Our extensive maternity medical malpractice experience enables us to proudly serve clients across Stone Mountain and throughout Georgia.

Hire a Maternity Medical Malpractice Lawyer at The Tolson Firm, LLC, Today

If you or your child were harmed during childbirth, don’t wait to get help. Contact The Tolson Firm, LLC, now to talk to a Stone Mountain maternity medical malpractice lawyer you can trust. We can explain your options and work hard to secure the justice and compensation your family deserves.