Atlanta Cerebral Palsy Lawyer

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If you live in the Atlanta area and your child developed cerebral palsy after birth, you could have a case for medical malpractice. Call an Atlanta cerebral palsy lawyer to discuss your case and find out if your child’s injuries could have been prevented with better medical care. They can help you file a lawsuit and get compensation for your child’s care.

Does Medical Malpractice Cause Cerebral Palsy?

The primary underlying cause of cerebral palsy is brain damage, which typically occurs during labor and delivery. Complications, accidents, and negligent care can cause brain damage that leads to cerebral palsy. 

In some cases, no one can be blamed for a child developing cerebral palsy. Complications cannot always be addressed adequately or in time to prevent harm. On the other hand, many children have suffered brain damage and resulting disabilities due to preventable medical mistakes.

The painful but straightforward fact is that there are many children with disabilities because of medical errors on the part of doctors, nurses, and other healthcare professionals.

When Do I Need an Atlanta Cerebral Palsy Lawyer?

If a healthcare provider fails to diagnose or provide the proper medical treatment, they could be liable for damages for injuries, illnesses, and disorders such as cerebral palsy. An experienced Atlanta cerebral palsy lawyer will ensure you have a fighting chance in obtaining justice and compensation.

A qualified cerebral palsy lawyer understands the complicated steps of filing a medical malpractice lawsuit, and they also appreciate the intricate Georgia laws surrounding the process.

Can I Afford an Atlanta Cerebral Palsy Lawyer?

Cerebral palsy lawyers do not charge for an initial consultation. They can answer your questions and help you decide whether to move forward with a lawsuit or not. If you go forward, they will not take any fees until they win your case and you get a settlement.

How Much Compensation Can I Get for My Child with Cerebral Palsy?

Compensation amounts vary by case and depend on individual factors, like the severity of the disability and ongoing medical expenses. Many cerebral palsy cases in Atlanta are worth millions of dollars because the costs of care are high. 

The following are examples of how Atlanta cerebral palsy attorneys helped victims win their cases. These can help you understand compensation amounts.

$25 Million Settlement for Failure to Diagnose

In 2018, Benjamin and Heather Carpenter of Columbus (around an hour south of Atlanta) successfully won a settlement against Atlanta’s St. Francis Hospital after their daughter, Gracie, developed cerebral palsy.[1]

The doctors failed to catch Group B Streptococcus in Heather’s blood during prenatal checkups. The bacteria eventually reached Gracie’s brain, causing meningitis and brain damage, which led to the baby developing cerebral palsy.

Had Heather been appropriately diagnosed, an antibiotic should have been given, which could have blocked the bacteria from reaching her daughter.

According to court documents filed at the Superior Court of Muscogee County, Heather Carpenter went into early labor in June 2011 when she was 35 weeks pregnant.

Her physician, Dr. Eikelberry, gave her an antibiotic and medications to help stop the early labor, but he failed to order testing for Group B Streptococcus before prescribing the medicines.

“When Dr. Eikelberry saw Heather in the office on August 1, 2011, he should have recognized that she had been in the hospital several days prior, where she received Ampicillin, an antibiotic known to treat GBS effectively,” the pretrial order read, according to the Ledger-Enquirer.

Knowing that Heather had recently received antibiotics, Dr. Eikelberry should have recognized that a culture performed on that date could not be relied upon to accurately reflect her GBS status.”

A day after Gracie’s birth, her temperature reached 102 degrees. Lab tests were quickly ordered, which later determined Gracie had developed Group B Streptococcus, which eventually led to meningitis and other medical issues that the little girl will likely live with for life.

Lab tests indicated that Gracie had an infection. Subsequent blood and spinal fluid studies confirmed that Gracie contracted Group B Streptococcus at birth, resulting in meningitis. The infection in her brain resulted in seizures, and Gracie has since been diagnosed with cerebral palsy, cortical visual impairment, and generalized developmental delay,” a court order read.

Although the hospital fought the lawsuit, its attorneys settled the case just before it was scheduled for trial.

The family’s attorney had no doubts that the plaintiffs would have been successful if the case had gone to trial.

“To know Gracie is to love her, and I am confident that the jury would have been able to appreciate how special she is,” the lawyer said.

$30.5 Million Trial Verdict for Failure to Diagnose

In November 2012, plaintiff Zetah Louis of Lawrenceville won a trial against Gwinnett Medical Center after her baby daughter developed multiple health problems connected to a failure to diagnose.[2]

In June 2012, Louis went to her doctor at Maternal Gynerations, worried because she couldn’t detect her baby’s heartbeat. Dr. Willard Hearin identified problems after issuing an ultrasound and sent Louis, 35 weeks pregnant at the time, to the hospital.

Louis checked into Gwinnett Medical Center but said she wasn’t put on fetal monitoring until two hours after check-in. Another physician, Dr. Lipscomb, reportedly said it would be OK to hold off on the delivery “if intrauterine resuscitation and immediate biophysical profile were going to be performed,” according to court documents.

A biophysical stat profile was ordered three hours after Louis checked into the hospital. The testing didn’t begin until two hours later, although, according to the plaintiff, several ultrasonographers were working that night.

When the biophysical profile score came back as 4/10, Louis was placed back on fetal monitoring. The baby’s heart rate was slow, prompting a cesarean delivery (C-section). She had “profound metabolic acidosis” and developed quadriplegic cerebral palsy when the baby was born.

Jurors ultimately found Gwinnett Medical Center 75% liable for damages and Dr. Hearin 25% responsible. While Louis was awarded $3.5 million, an additional $27 million went to the infant, Re’Ayah Louis.

Cerebral Palsy Treatment and Support in Atlanta

Several medical facilities specialize solely in treating people with cerebral palsy. Treatment options include medications, orthopedics, dentistry, physical therapy, neurology, and more.

Children’s Healthcare of Atlanta 

1400 Tullie Road, Atlanta, Georgia, 30329

Contact: 404-785-KIDS

Children’s Healthcare of Atlanta at Town Center 

625 Big Shanty Road NW, Kennesaw, Georgia, 30144

Contact: 404-785-KIDS

Families of Children Under Stress (FOCUS)

3050 Presidential Drive, Suite 114, Atlanta, GA 30340

Contact: 770-234-9111