Missed Diagnosis Birth Injury in Atlanta, Georgia: Causes, Risks, and Legal Options

By Audrey M. Tolson

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Medical Malpractice

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Last Modified on Jun 23, 2026

Preparing for the birth of a new child is a thrilling time for prospective parents. You have picked out the name, readied the house, packed the diaper bag; now you just need to get through labor and delivery. When the unthinkable happens, and your child suffers a missed diagnosis or birth injury in Atlanta, Georgia, you need to speak with an experienced Atlanta birth injury lawyer. At The Tolson Firm, LLC, we are here to protect your rights and your child’s health.

Understanding Missed Diagnosis or Failure to Diagnose in Atlanta

According to a recent study, 29 cases of birth injuries happen for every 1,000 live births in the United States, and women of color are more at risk for poor birth care and obstetric implications, increasing their chances of birth trauma.

One of the most common causes of birth injuries across the nation is a missed diagnosis or a failure to diagnose. In these cases, the patient—both the mother and/or the child—does not receive the necessary medical care they need in order to address the issue and therefore, suffer further injury or even death as a result. In cases of birth injury, a missed diagnosis can be caused by the following:

• Failure to order tests. While a child is still in utero, both the mother and the child should undergo certain screening tests to check for any health issues or birth defects. These tests can include a maternal blood screen, a maternal serum screen, ultrasounds, and an anomaly ultrasound. When these necessary tests are not promptly ordered by a doctor, you and your child could become the victim of medical negligence and birth injury.
• Misinterpretation of test results. In some cases, a doctor may misinterpret test results or miss something that is crucial to your or your child’s health. This could cause them to misdiagnose whatever it is you are dealing with or fail to diagnose altogether.
• Breakdowns in communication. When breakdowns in communication happen between doctors, nurses, specialists, and other staff, critical information can go ignored or be missed, which could result in possible birth injuries during labor and delivery.
• Poor patient evaluation. When a mother experiences a rushed appointment, the doctor does not take the time to listen to their concerns, or a complete medical history is not performed, doctors can overlook key information and completely miss certain signs pointing to possible issues with the pregnancy.

If you or your baby has received a missed diagnosis at any point during pre- or postnatal care or during labor or delivery, then you may be able to file a claim on grounds of medical negligence. At The Tolson Firm, LLC, we can help.

Your Legal Options: How to Prove Liability for Birth Injuries

In Atlanta, when a missed diagnosis results in birth injuries, you have the ability to file a legal claim against the liable parties. In order to do so, you will need to prove negligence, which will include the following elements:

• The doctor or other at-fault party owed you and your baby a specific legal duty of care reasonably required by all competent physicians in their field of medicine.
• The at-fault party breached this duty, such as in cases of failing to diagnose a birth defect or other complication.
• You or your baby suffered some form of harm or injury due to the missed diagnosis.
• The at-fault party’s mistake is directly what caused the harm or injury to occur and would not have happened if it had been properly diagnosed.

About The Tolson Firm, LLC

For over 30 years, The Tolson Firm, LLC has protected the rights of those harmed by medical negligence in Atlanta. Lead attorney Audrey Tolson is a proud member of the Georgia Association of Black Women Attorneys, the Lawyers Club of Atlanta, and the National Bar Association. She has been named by Super Lawyers for over 15 years running and has secured millions for past clients.

Keep in mind, these results cannot guarantee future outcomes, but our firm is here to protect you no matter what.

FAQs

How Much Does It Cost to Hire a Birth Injury Lawyer in Atlanta?

To hire a birth injury lawyer in Atlanta, the costs involved can vary from case to case. These costs will likely be dependent on certain factors of your unique claim, such as its overall complexity and duration. Other factors that can influence the final cost analysis of a birth injury case include your attorney’s education, experience, and skill level.

What Compensation Can I Recover for a Birth Injury?

For a birth injury, there are multiple forms of compensation you may be able to recover, based on the nature of the birth injury. In cases of cerebral palsy alone, care costs can exceed $1 million. You may be able to recover compensation for all related medical bills, lost wages, pain and suffering, disability, and disfigurement.

What Is the Statute of Limitations on Birth Injury in Georgia?

In Georgia, for all medical malpractice cases, the statute of limitations is two years from the date of injury. This means you have two years to file your claim, your claim will likely be dismissed, and you will be unable to recover compensation. However, when the victim is a minor, there is a choice to be made to wait until the child turns 18, and then they can bring a claim forward within two years of their birthday.

What Are Some Other Causes of Birth Injuries in Atlanta?

In addition to misdiagnosis or failure to diagnose, other causes of birth injuries in Atlanta can include making a surgical error, miscommunicating with the delivery team during labor and delivery, dropping or injuring the child shortly after their birth, failing to monitor the child’s vital signs, and the improper use of forceps or vacuum extractors.

Hire a Birth Injury Lawyer Serving Atlanta Today

Whether you or your baby has suffered a birth injury at Northside Hospital, Emory University Hospital Midtown, or Piedmont Atlanta, you need to hire a birth injury lawyer who can protect you. At The Tolson Firm, LLC, we are here to advocate for your rights to justice and compensation when the unimaginable happens. Contact us today to learn more and schedule a free case evaluation.