Johns Creek Birth Injury Attorneys

A birth injury can devastate a family for years to come. Perhaps one of the most difficult aspects of these injuries is that they are typically preventable — and all too often, the actions of a negligent medical professional are to blame. In Johns Creek, this negligence falls under medical malpractice.

Fortunately, Georgia law allows victims and their families to pursue compensation for medical malpractice. If your child has been injured by a medical professional during birth, trust Kaufman Injury Law to fight for your family’s future. We offer free initial consultations for new clients. Call or contact us online to schedule a meeting today.

Birth Injury Liability in Georgia

Parents deserve answers when a child is injured at birth. According to Georgia law, birth injury liability stems from acts of medical negligence or medical malpractice. However, determining who exactly is liable in these cases can be complex.

Before you can seek compensation, you must first identify the liable party or parties and demonstrate why they should be held responsible for your child’s injuries. In birth injury cases, licensed medical professionals can potentially be held liable during any childbirth because they have a duty of care toward mother and child. When they violate this duty of care, they can be held to account for numerous compensable damages. 

Typical licensed medical professionals involved in childbirth include:

• Doctors 
• Nurses
• Anesthesiologists
• Doolas
• Midwives
• Pharmacists

However, while medical professionals may be most often responsible for avoidable birth injuries, they are not the only ones who may be held liable. If a product or device malfunctions during labor and delivery, the device or product maker can be held liable under product liability law. 

For example, defective drugs, a faulty vacuum, or defective tools and monitoring equipment can all lead to birth injuries.

Common Medical Errors in Birth Injury Cases

Proving a professional violated a standard of care is, as you would imagine, a complicated affair. The following is a list of commonly committed errors that lead to birth injuries:

• Improper fetal monitoring
• Inexperienced or improper use of forceps or vacuum
• Improper C-section 
• Failure to act on fetal distress
• Delayed or prolonged delivery

This list is only a snapshot of the various medical malpractice errors that can and do occur in delivery rooms and birthing centers. Building a strong case based on these or other errors requires extensive experience in medical malpractice and birth injury cases, as well as an effective network of medical professionals to consult. 

Kaufman Injury Law has successfully represented many Georgians in their efforts to recover compensation for their losses. Our Johns Creek birth injury attorneys are ready to serve you in these difficult matters. We have both the resources and the experience to build a strong medical malpractice case for the damages you deserve. 

Types of Birth Injuries in Johns Creek

Regardless of the cause, the resulting injuries can take an emotional and physical toll, making even a visit to the Newtown Dream Dog Park impossible for some victims. Common birth injuries in Johns Creek include:

• Cerebral palsy
• Erb’s Palsy
• Brachial palsy
• Facial paralysis
• Blood vessel rupture of the eye
• Bruising
• Hypoxic-ischemic encephalopathy (HIE)
• Caput succedaneum

The long-term consequences of birth injuries depend on the type and extent of the injury involved. Sadly, many of these injuries lead to lifelong issues and significant medical and associated costs. Victims also typically must forgo common activities, such as attending events at Johns Creek High School, and their future employment can be impacted as well.

As a client of Kaufman Injury Law, you can trust our team to find the liable parties in your case and fight to hold them accountable. We regularly win substantial compensation for our clients. 

Birth Injury Damages

Our Johns Creek birth injury lawyers can seek compensation to cover a wide range of losses your family may be facing, including:

• Medical care and hospitalization
• Lost income 
• Costs related to the injury, such as wheelchairs and home medical equipment
• Pain and suffering
• Loss of enjoyment of life
• Emotional distress
• Paralysis
• Disfigurement and scarring

With potentially years or even decades of consequences to deal with, birth injury victims need and deserve as much compensation as is allowable under the law. At Kaufman Injury Law, we stand strong for you during settlement negotiations and fight to recover every dollar you are owed.

What Should You Do After a Birth Injury?

The actions you take after a birth injury can protect your child’s well-being, as well as a future claim for compensation. Seeking medical care and trusted legal guidance are critical.

Immediate Medical Care

If your child has suffered a birth injury, they will need immediate medical treatment. If the injury was recognized immediately, the team delivering the child should have taken proper measures to address the injury and finish the delivery. 

If your child experienced delayed symptoms of injury, though, the first recommended course of action would be to seek medical care as soon as possible. 

Free Legal Consultation

In every case, make sure to attend a free legal consultation. Without cost to you, our attorneys can review your case to determine your options. You will get answers to many of your questions, and we can provide you with preliminary guidance on your next steps. 

Doctors often vigorously fight such claims as a part of their defense against medical board proceedings. Insurance companies also put up a fight against claims in order to safeguard profits. As our client, you can rest assured that we will advocate for you against all of these parties.

Paperwork and Documentation

You can support and strengthen your case by gathering and preserving all hard copy and digital records related to your case. This includes:

• Medical history and treatment records of mother and child
• Billing and account information
• Prescriptions
• Intake and discharge paperwork
• Communications to and from healthcare providers
• Receipts for injury-associated expenses and outlays

It will also be helpful to your case if you journal or otherwise document the daily struggles and emotional and financial impacts your child and family suffer through. 

Doctor’s Orders

After obtaining initial treatment for your child, it is essential that you follow the doctor’s treatment orders. Skipping even one element of a prescribed treatment regimen could harm your child, as well as significantly weaken your claim for compensation. 

Statute of Limitations for Birth Injury Lawsuits in Georgia

Georgia law, as well as the laws of other states, recognize the right to compensation in a case of medical malpractice. This right disappears after a certain amount of time, which is two years in most instances. However, birth injury cases are different in this respect.

When the child is the plaintiff, the statute of limitations does not come into play until the child turns five, after which they have two years to file a lawsuit. If the parents are filing a claim for their own personal losses, the statute of limitations is two years from the date of the injury. 

Delayed Discovery

The doctrine of delayed discovery allows the statute of limitations to be tolled when an injury cannot be reasonably known. As soon as its existence is reasonably discoverable, the clock starts ticking. If tolling does occur, the law allows the statute of limitations to be extended for a total of five instead of two years from the date of injury.

Turn to Our Johns Creek Birth Injury Lawyers Today

Has your child suffered a birth injury in Johns Creek? You don’t have to settle for low-ball insurance company offers. Let the seasoned and compassionate team at Kaufman Injury Law fight to recover the compensation your family needs to navigate the future. Call today to schedule a free consultation.