Gainesville Maternity Medical Malpractice Lawyer

Gainesville Maternity Medical Malpractice Attorney

When you are pregnant, you trust your medical team to take care of you with safety and knowledge. However, when that trust is compromised due to negligence and lack of care, the impact can be tragic. If you or your child were harmed during pregnancy, labor, or delivery, a knowledgeable Gainesville, GA maternity medical malpractice lawyer can explain your rights and seek justice.

Understanding Maternity Medical Malpractice Cases

Maternity medical malpractice is the substandard care or negligence of a medical provider during a woman’s pregnancy, labor, delivery, or postpartum that results in injury to the mother, baby, or both. These cases are not examples of bad outcomes caused by unavoidable complications. These events can and should be prevented. Some examples of maternity medical malpractice cases are:

• Failing to diagnose or treat preeclampsia or gestational diabetes
• Improper use of forceps or vacuum extractors
• Delaying an emergency C-section when signs of fetal distress are present
• Inadequate postpartum care for excessive bleeding or infection
• Failure to monitor fetal heart rate during labor

A maternity medical malpractice attorney can review your records, get medical professional insights, and determine whether the care you received violated Georgia’s legal and professional standards.

Types of Injuries in Maternity Medical Malpractice Cases

The types of injuries and conditions that may result from maternity malpractice are numerous. In many cases, the worst birth injuries for the baby result in physical and developmental issues that can last a lifetime. For example, when a baby experiences a lack of oxygen during birth, neurological injuries, like cerebral palsy, can occur.

A baby’s injuries often involve:

• Brachial plexus damage during shoulder dystocia management
• Brain bleeds or skull fractures due to forceps misuse
• Developmental delays from birth trauma.

In the most tragic instances, malpractice can cause stillbirth or neonatal death.

Mothers can also suffer an injury during delivery. A woman may experience a significant postpartum hemorrhage that is left untreated, which can result in the need for emergency surgery or long-term health effects. Maternity infections from delayed diagnosis or surgical error are also possible. Complications of anesthesia administered during a C-section are another risk factor.

Some mothers also develop emotional trauma or post-traumatic stress after being injured or experiencing the preventable loss of a baby. In all these cases, when a provider’s negligence is responsible for an injury, legal action may be an option.

Common Causes of Maternity Malpractice

With many critical, fast-paced decisions during labor and delivery, medical professionals sometimes make medical errors by not adhering to protocols, and their actions or inaction can have life-changing consequences. As a result, knowing some of the most common causes of maternity malpractice is important for determining when malpractice may have happened. Then, your attorney can take steps to get the guilty parties held accountable. Some of these causes are:

• Lack of communication among hospital staff
• Insufficient fetal monitoring
• Failure to escalate care or call for intervention
• Delays in performing necessary emergency procedures
• Improper medication dosage
• Errors in administering anesthesia
• Lack of experience with high-risk pregnancies
• Restrictions on documenting the birth process that prevent families from preserving potential evidence

Gainesville Maternity Medical Malpractice Laws

Georgia law gives victims two years from the date of injury to bring a medical malpractice claim. However, if the victim is a child, this deadline may extend to the child’s seventh birthday. There is also a five-year statute of repose, which means an injured person’s claim may be time-barred, even if the injury was discovered within two years.

These deadlines are strictly enforced, and missing the deadline may mean that you can never recover compensation. A Gainesville medical malpractice lawyer can tell you exactly how much time you have.

Maternity Care in Gainesville, GA

Residents of Gainesville and the surrounding communities of Hall County, Georgia, depend on the local hospitals and clinics for most of their medical care. Several hospitals in the area, as well as a number of family practice offices and clinics, offer maternity care. The most recognizable name, Northeast Georgia Medical Center–Gainesville, helps deliver many babies each year, and it has an extensive obstetric care department.

The Longstreet Clinic OB/GYN and Women’s Healthcare Associates are two other recognizable names that work with expectant mothers through their prenatal care and the delivery process. However, no place is without the potential for malpractice.

The state had 33.9 maternal deaths for every 100,000 live births, and the average medical malpractice payment in Georgia was $681,353 in 2024. That same year, there were 344 medical malpractice claims made in Georgia.

If you or your baby were injured during the delivery process at one of these hospitals or clinics in the Gainesville area, it may be time to hire a maternity medical malpractice lawyer with experience in maternity medical malpractice cases.

Damages You Can Recover in a Maternity Medical Malpractice Claim

When medical mistakes during pregnancy or childbirth lead to an injury, the physical, emotional, and financial consequences can be devastating. Victims of maternity medical malpractice in Georgia have the right to seek compensation for a wide range of losses.

The economic damages available for compensation include medical bills and future healthcare costs for the mother and child. A victim can also seek lost income and loss of future earning potential if injuries persist long-term or become permanent.

Victims of maternity medical malpractice cases can obtain compensation for non-economic losses, including pain and suffering, emotional distress, and loss of life enjoyment. Punitive damages may also be available in cases of egregious misconduct or gross negligence. These work to punish the provider and deter similar conduct in the future.

An experienced maternity medical malpractice attorney can identify and calculate the full extent of your losses and pursue the maximum compensation available under Georgia law. Every case is different, and having the right legal advocate on your side is crucial for protecting your family’s future.

Hire a Maternity Medical Malpractice Lawyer

The Tolson Firm, LLC, is a medical malpractice law firm. We devote our practice to representing victims of medical malpractice throughout Georgia. Led by a proud Black attorney, our firm is a champion for families who have suffered from the devastating effects of negligent maternity care. We have the experience and resources to handle your birth injury case, and our team can work tirelessly to secure the compensation you deserve.

Hire a maternity medical malpractice lawyer today by contacting The Tolson Firm, LLC, today.