Birth Injuries

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In searching for a birth injury lawyer like me, Tracey Dellacona, you are searching for someone with compassion and medical knowledge in addition to extensive expertise in this area of law. When medical professionals misapply common birthing techniques, fail to diagnose complications, and make other types of errors, both mother and child can suffer serious injuries. As an RN who has been practicing law for 17 years, I bring my extensive and unique dual experience to every birth injury malpractice case.

What is a birth injury?

Birth injuries occur when a doctor, nurse, or other healthcare provider causes an injury through an act or a failure to act. In birth injury cases, a medical professional knowingly didn’t follow through with the proper standard of care for the mother and/or child leading up to, during, or following the child’s birth. The standard of care is what a reasonably prudent nurse or doctor would do under similar circumstances.

What can cause a birth injury?

Birth injuries can be caused by many types of medical errors, including:

  • Failure to diagnose a major condition, complication, or infection
  • Failure to follow delivery procedures
  • Failure to properly monitor the child’s heart rate
  • Improper use of delivery tools

What are the most common birth injuries?

Common birth injuries include:

  • Broken bones
  • Spinal injuries
  • Brain injuries
  • Fetal stroke or seizures
  • Preeclampsia
  • Cerebral palsy
  • Erb’s palsy
  • Anoxic brain injuries
  • Brachial plexus injury/shoulder dystocia

Preeclampsia has to do with high blood pressure in the mother during pregnancy and damage to an organ in the baby, such as the liver or kidneys. Although preeclampsia can emerge at any time in a pregnancy or just after birth, it most commonly develops late in the pregnancy and is a common cause of premature births and resulting complications like epilepsy, cerebral palsy, learning disabilities, and vision problems. Preeclampsia can lead to stroke, seizure, heart failure, or death in the mother if not diagnosed and treated in a timely manner.

I would be honored to talk with you about your child’s unique situation and what their birth injury may mean for the rest of their lives.

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Client Testimonial

We feel she made our future brighter despite what had happened. We cannot thank Tracey enough for representing us during this life changing ordeal. WE would highly recommend her to anyone. She and her staff are not just our lawyers, but they are our friends.
– Janice C.

We’re here to help, call to schedule a consultation: (478) 477-9000

Birth Injuries FAQS

Should I hire an attorney for my birth injury?

An experienced birth injury lawyer like me, Tracey Dellacona, can help you uncover the cause of your injury or your child’s injury, determine who is at fault, and calculate the damages resulting from the negligent medical care you and your child received. Birth injuries can affect the child for the entirety of their lives, which is a mental and financial burden you shouldn’t have to bear alone. My team and I are ready to help you get the compensation and care you need to ease those burdens.

How long do you have to sue for a birth injury?

The statute of limitations in birth injury cases is 2 years from the child’s 5th birthday. However, the parents must file a claim for any medical bills before or by the 2 years anniversary date of the injury. Additionally, parents of a victim who is a child can file separate claims on their own behalf for medical and other necessary expenses incurred as a result of the child’s injury. This sort of claim must be filed before the child turns 18.

In Georgia, we not only must prove that negligence/malpractice occurred but that gross negligence occurred. Gross negligence means serious, even deliberate carelessness. As an emergency room and critical care nurse as well as an experienced labor and delivery attorney, I am familiar with the standards of care established for OB-GYN, maternity, and NICU healthcare providers and can quickly assess the truthfulness in healthcare providers’ stories and find the contradictions and violations of the safety rules revealed in your medical documentation.

When should I hire a lawyer?

As I explained above, you must file a birth injury lawsuit within 2 years of your injured child’s 5th birthday. If you are in this situation, please call me, Tracey Dellacona, as soon as possible to discuss your situation. I would be honored to speak to you, and the consultation is free: 478-477-9000.

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Tracey L. Dellacona

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