Marietta Birth Injury Attorney

A birth injury can turn a joyous day into a tragic one. Often, these injuries are the result of preventable medical malpractice, which involves unacceptable professional negligence. Fortunately, Georgia law provides an avenue for devastated families to get the justice they deserve. 

If your family has suffered due to the effects of a birth injury, Kaufman Injury Law can fight for every penny you are owed.

Understanding Birth Injuries

Birth injuries occur during labor and delivery. These injuries can affect families in permanent and long-lasting ways, shattering parents’ dreams of taking their children out to enjoy Kennesaw Mountain or a movie at one of the area cinemas. 

A birth injury is often the result of unacceptable medical error and can cause all manner of conditions, including:

• Brachial Palsy, which involves injury to the brachial plexus nerves
• Erb’s palsy
• Brain damage
• Cerebral palsy
• Hypoxic-ischemic encephalopathy (HIE) 
• Bruising from forceps, rough handling, or passing through the birth canal
• Caput succedaneum, which involves soft tissue swelling at the scalp
• Facial paralysis
• Fractures 
• Ruptured blood vessels in the eyes
• Death
• Cephalohematoma or bleeding between the skull bone and fibrous covering of the head

Sadly, many of these and other conditions can lead to several years or a lifetime of difficulties filled with pain and suffering, financial setbacks, and exclusion from many normal lifetime events. Even a day out at Six Flags White Water can be a challenge or impossible with some birth injuries.  

At Kaufman Injury Law, we don’t let negligent medical professionals get away with the losses they have caused. If you need help with a birth injury issue, call our office today to learn about your legal options.

Birth Injury Liability in Georgia

After a birth injury that should never have happened, parents understandably want to know who is responsible and how this party can be held accountable. Liability in Georgia birth injury cases arises when a medical professional discharges their duty toward a patient in a manner that is below acceptable standards of care. 

In other words, a medical professional is liable for a birth injury if they do something no reasonable medical professional in a similar position would have done, and a birth injury occurs. 

Examples of these errors include:

• Fetal and maternal monitoring errors
• Cesarean-section mistakes
• Blood-pressure monitoring failures
• Failure to detect or act on fetal distress
• Improper use of forceps or vacuum
• Improper staffing
• Delayed delivery

Proving that a professional’s actions fell below the proper standard of care is often complex and detailed. Our experience with birth injury cases and our network of experts allow us to confidently represent families seeking justice. 

Who Can Be Held Accountable?

Depending on the circumstances of the birth injury, various parties may be held liable, including:

• Obstetricians
• Anesthesiologists
• Nurses
• Midwives
• Doolas
• Hospitals and birthing centers
• Equipment and tool makers for defective products
• Pharmaceutical companies for defective drugs

Regarding hospitals and birthing centers, these places may be held liable for their own negligence as well as for the negligent acts of their employees. 

Ultimately, many of these cases are handled by medical malpractice insurance companies. However, these insurance companies spend much time and resources defending their profits against insurance claims instead of protecting victims. This is where our birth injury lawyers come in.

Birth Injury Damages

The law allows victims of birth injuries access to economic and non-economic damages to cover the pain and losses they have suffered. Many victims are not aware of the extent of damages they may be entitled to.

At Kaufman Injury Law, we never miss damages. We can evaluate the details of your case to uncover every potential dollar you are owed. Compensable losses in birth injury cases can include:

• Medical expenses and hospital costs
• Injury-related expenses
• Lost income and wages
• Lost future earning capacity
• Pain and suffering
• Loss of enjoyment of life 

In the event a birth injury results in a fatality, a wrongful death suit would likely be appropriate. 

Wrongful death damages in Georgia can cover:

• The value of the decedent’s life
• Funeral, medical, and other expenses
• Economic and non-economic damages incurred between the time of the injury and the death

Our birth injury and wrongful death attorneys understand every aspect of these cases and work hard to ensure our clients are properly compensated every time. 

What to Do After a Birth Injury

If your child has suffered an injury during birth, seeking medical treatment is of utmost importance. If the injury occurred and was discovered during delivery, the medical staff present should have immediately begun addressing the issue. After this initial treatment, you have the option of seeking further treatment from a different medical provider.

Sometimes, symptoms of a birth injury appear later. It’s important to see a healthcare provider whenever you notice these symptoms. Whether you should return to your original healthcare provider or seek treatment elsewhere depends on the circumstances. 

It is also crucial to speak with our Marietta medical malpractice attorneys as soon as possible.

Attend a Free Consultation

Kaufman Injury Law offers free initial consultations for potential clients. If you need answers, schedule a meeting with our birth injury attorneys. We’ll carefully review your case to determine whether you have a viable claim and give you the guidance you need to make an informed decision. 

Preserve All Hard Copy and Digital Medical Paperwork

Every piece of paperwork and every email from the medical provider in question is potentially crucial evidence for your case. Medical records are certainly necessary, as are the following:

• Billing statements
• Test results
• Prescriptions
• Emails and letters

The more medical documents and paperwork you have, the more efficient it typically is to prosecute your claim. 

Document Everything

Medical records and account statements go a long way in documenting your family’s struggle. However, they can be greatly supplemented with concurrent documentation of everything that occurs. 

Things to document when dealing with a birth injury include:

• The medical provider’s reaction and recommendation after discovering the injury
• The daily struggles your child and family face
• The financial impact on your household
• Related expenses, such as medical travel expenses

This documentation can serve as powerful evidence of the economic and non-economic losses your child and family have suffered. 

Statute of Limitations for Birth Injury Lawsuits

When you have a valid claim for a birth injury, you don’t have unlimited time to seek damages. A statute of limitations of two years requires plaintiffs to file a lawsuit within this time or lose out on the right to compensation. 

In Georgia, the statute of limitations for filing a birth injury lawsuit is two years for claims brought by the parents. If the child is the plaintiff, the statute is extended to seven years.

Keep in mind that if an injury cannot be reasonably discovered, the statute of limitations is tolled until it becomes reasonably discoverable. This tolling of the statute of limitations, however, only lasts five years. 

Get the Quality Representation You Deserve

Birth injuries are among the most devastating personal injuries a family can experience. The stakes are high for everyone involved, including the medical professionals. You can expect their attorneys to put up a vigorous defense to avoid problems with the state medical board. That is why you need a seasoned advocate on your side.

For over 45 years, Kaufman Injury Law has been dedicated to holding negligent parties responsible for the harm they cause. Contact us today for a free consultation with Marietta birth injury attorneys who have your best interests at heart.