Decatur Fetal Death Lawyer

Honest Decatur Fetal Death Attorney

When you are coping with the tragedy of fetal death, you may be overwhelmed with grief and wondering where to turn. At The Tolson Firm, LLC, we know how devastating fetal loss can be. Whether caused by negligent medical practices, a lack of care, or hospital error, a Decatur fetal death lawyer can help you seek justice for your loss.

With over 30 years of experience in Decatur and the greater Atlanta area, founding attorney Audrey M. Tolson and her team center their practice around wrongful death, medical malpractice, and personal injury. We’re here to listen with compassion and offer sound legal advice in your time of need. We can help you seek justice and compensation for your fetal death claim so that you can focus on dealing with your grief and healing from your loss.

What Is Fetal Death?

The term fetal death describes pregnancy loss after 20 weeks. According to the CDC, 20,202 fetal deaths were reported across the US in 2022. While not every fetal death occurs due to negligence or wrongdoing, sometimes they are the result of errors and improper medical protocol. In a medical negligence claim, the plaintiff must provide evidence that the healthcare providers acted outside the reasonable expectations of medical care.

When a family endures such a devastating loss, legal action may not be top-of-mind. However, Georgia laws provide protections for those who have been victimized by medical negligence. A qualified fetal death lawyer can evaluate the details of your case and determine whether or not you have grounds for a claim.

Common Causes of Fetal Death

While no expectant parent wants to face the possibility of fetal loss, tragedies still happen every day. There were 78 fetal deaths documented in DeKalb County in 2024. Several medical errors can be at the root of fetal loss, including:

• Inadequate fetal heart monitoring during delivery. When there is a lapse in monitoring fetal vital signs, dangerous fluctuations in heart rate and signs of fetal distress may go unnoticed, leading to fetal death.
• Delayed C-sections. When a laboring mother undergoes hours of hard labor, the fetus may experience serious distress. If a physician delays an emergency C-section, the health of the fetus and the mother may become mortally compromised.
• Mishandling of maternal conditions such as preeclampsia and gestational diabetes. If preeclampsia or gestational diabetes are not adequately treated and monitored, life-threatening complications may arise.
• Delivery errors. Misuse of medical instruments, such as forceps and clamps, as well as surgical errors during a C-section, may cause fetal death.

The tragedy of fetal death can be avoided with proper monitoring, prenatal care, and timely decision-making by the medical team. When lapses in proper care occur, it can endanger the lives of the unborn fetus and the mother, making fetal death cases a vital component of the civil justice system.

While it may seem daunting to take legal action, negligent medical professionals must be held accountable for their mistakes and the lasting impact these tragic events have on families.

Proving Liability in Georgia Fetal Death Cases

To prove liability in a fetal death case, lawyers and plaintiffs must gather sufficient evidence to prove that there was a failure of medical standards. Comprehensive medical data, testimony from qualified medical professionals, lab results, and fetal monitoring reports may be utilized as part of your case.

Establishing a strong legal argument requires a knowledgeable, experienced team of legal professionals who can organize research and investigations and provide aggressive advocacy on their client’s behalf. When you hire a fetal death lawyer from The Tolson Firm, LLC, we can thoroughly investigate the details of your case and gather expert witnesses who can corroborate negligence and help prove liability.

You may be entitled to significant compensation for your case, which can help to alleviate financial strain and provide solace after loss. Whether your fetal loss occurred at a local hospital, such as Emory Decatur Hospital, or a birthing center, we can help you seek justice.

FAQs

Is It Illegal to Dispose of Fetal Remains in Georgia?

It is not illegal to dispose of fetal remains in Decatur, Georgia; however, the method of disposal may matter. The disposal of fetal remains is regulated by the Georgia Department of Public Health, which requires fetal remains to be disposed of in a dignified manner, such as through cremation or interment. Laboratory testing may be done on fetal tissue before disposal to help determine the cause of fetal death and mitigate any future risks to the mother or subsequent pregnancies.

What Happens if a Baby Dies in the Womb?

When a baby dies in the womb, the mother’s health is of paramount concern, and life-saving efforts must be utilized to remove the fetus from the womb and protect the health and welfare of the mother. Surgery may be necessary, or labor may need to be induced, depending on the circumstances.

Is Performing a D&C a Felony in Georgia?

Performing a D&C (dilation and curettage) procedure is not a felony in Georgia unless it is used to purposefully terminate a pregnancy when the mother’s life is not at risk. While Georgia does have laws regulating voluntary abortion, a D&C following spontaneous abortion, including fetal death, is not illegal. These procedures are often necessary to save a mother’s life.

If a Baby Dies After Delivery, Is It Considered Fetal Death?

In medical terms, if a baby dies after delivery, it is considered a neonatal death, instead of a fetal death. Fetal death is defined as the intrauterine death of a fetus before full delivery occurs. Neonatal death may still be eligible for compensation under Georgia’s wrongful death laws. If you have experienced the loss of an infant following delivery, it’s advisable to seek legal counsel.

Hire a Fetal Death Lawyer in Decatur, GA

When you are grieving the loss of your unborn child, you may be wondering how life can carry on as usual. If there were medical complications during your pregnancy or delivery, you may be eligible for compensation. Contact our compassionate, proudly Black attorney-led team at The Tolson Firm, LLC, to schedule your consultation. We are committed to guiding you every step of the way as you seek justice for your loss.