Athens Birth Injury Attorneys

The consequences of Athens birth injuries can be devastating, often involving years of emotional and physical pain and continual financial setbacks. Victims and their families may need significant resources to simply navigate daily life. 

At Kaufman Legal, we fight hard to secure these financial resources for our clients — along with brighter futures.

Birth Injuries vs. Birth Defects

Birth injuries are injuries that occur during labor and delivery or just after. Birth defects, on the other hand, are conditions that develop in the womb, often long before birth. 

Additionally, birth defects can sometimes be the fault of no one but genetics, whereas birth injuries are typically the fault of a negligent medical professional.

Common Birth Injuries in Georgia

Sadly, there is no shortage of injuries that a baby might suffer during childbirth in Georgia. Some of the more common ones include:

• Brachial palsy
• Erb’s palsy
• Brain damages
• Cerebral palsy
• Hypoxic-ischemic encephalopathy (HIE) 
• Ruptured blood vessels in the eyes
• Bruising caused by birth canal travel or rough handling
• Caput succedaneum, or swelling at the scalp
• Cephalohematoma 
• Facial paralysis
• Fractures 

The unfortunate reality about birth injuries is that many victims grow up and into adulthood struggling against the effects of their injuries. They may find themselves barred from many common activities, such as riding a bike or attending a game at Sanford Stadium. 

At Kaufman Injury Law, our birth injury attorneys have a proven track record of recovering proper compensation for our clients. We understand that a birth injury client may need medical care for the long term. If your child has suffered a birth injury, call our office or reach out online to set up a free consultation and case review today, and let us fight for your family’s future. 

Liability for Birth Injuries in Georgia

Most birth injuries are the result of preventable circumstances. Not every medical error falls under medical malpractice, however. If mistakes are to be expected, who can be held liable for birth injuries in Georgia?

The answer is that while basic mistakes are not punishable in birth injury cases, more serious errors can be. In other words, mistakes during delivery that rise to a certain level are indeed blameworthy. 

Medical malpractice occurs when a medical professional discharges their duty in a way that is below the acceptable standards of care. The following are examples of medical malpractice during birth:

• Failure to properly monitor the fetus and mother
• C-section mistakes
• Errors using forceps or vacuum
• Delayed delivery
• Failure to diagnose a developing injury
• Birth trauma
• Improper treatment response to problems
• Epidural administration errors

As you might imagine, proving that a doctor or other licensed medical professional was negligent is a complex affair. Anyone seeking compensation for a birth injury should expect nothing less than an aggressive defense from the liable party’s attorney. This is because a claim of medical malpractice can lead to the state medical board getting involved. 

Liable parties’ insurance companies often also put up a fight. Their profits dwindle when they have to pay out full claims, so their modus operandi is to convince claimants to settle for as little as possible — which claimants often do without quality representation. 

Who Pays?

Many different medical professionals may be liable for a birth injury, depending on their respective roles during labor and delivery. These professionals can include:

• Obstetricians
• Anesthesiologists
• Physician’s assistants
• Nurses
• Midwives
• Doolas
• Pharmacists

These are not the only potentially liable parties in birth injury cases. Hospitals and birthing centers may also be held accountable for an injury. Through the doctrine of vicarious liability, an employer can be held liable for the negligence of its employees.

Hospitals and birthing centers can also be liable for their own acts of negligence in Georgia. For example, negligent hiring or staffing on the part of human resources or hospital administration could lead to a dangerous labor and delivery situation. 

Other liable parties in birth injury cases might include:

• Pharmaceutical companies
• Medical equipment makers
• Medical equipment renters
• Medical tool and device makers

An ambulance driver speeding toward St. Mary’s Hospital or Piedmont Athens Regional with a pregnant passenger can also be held liable if they cause an accident and subsequent birth complications or injuries. You can rest assured that we meticulously comb through each case to identify all responsible parties and hold them accountable.

Available Compensation

Victims of birth injury medical malpractice are entitled to pursue damages to cover a range of losses, including:

• Medical expenses and hospital costs
• Lost income and wages
• Expenses related to the injury
• Lost future earning capacity
• Pain and suffering
• Disfigurement
• Loss of enjoyment of life 

Unfortunately, some birth injury victims pass away as a result of their injuries. For their loved ones, wrongful death damages are typically appropriate, which can cover:

• The value of the decedent’s life
• Funeral, medical, and other expenses
• Expenses incurred after the injury and before death

At Kaufman Injury Law, we vigorously pursue every compensable damage so that your child has the resources they need for the future. During your initial free consultation, we can discuss the potential compensation your claim may yield and answer any questions you might have. 

Steps to Take After an Athens Birth Injury

What parents do after a birth injury has a major effect on the future health of their children. It also significantly affects any subsequent claims for compensation. 

Seek Medical Care

Whether the injury is discovered in the delivery room or much later, immediate medical care is always appropriate to address the harm. In a birth injury claim, how this care is provided will be scrutinized along with the treatment that caused the injury.

Schedule a Free Legal Consultation

No one wants to have to sue a doctor, nurse, or other medical professional. However, it may be the only option to hold negligent professionals accountable for the losses your family is facing after a birth injury. Fortunately, victims and their families can put their claims in the hands of professionals who have their best interests in mind.

During a free consultation, you will receive a complimentary case review and recommendations for your next steps. If you hire us for your case, you can leave everything up to us. We stand and fight for you while you and your family cope with this tough time. 

Gather and Preserve Relevant Documentation

It’s crucial to keep track of all paperwork, forms, and documents related to your case, including medical records, billing and account statements, and receipts of expenses. Your attorney will be able to give you a better breakdown of your case and your viable options for compensation. 

Statute of Limitations in Georgia Birth Injury Cases

In Georgia, there is a two-year statute of limitations for birth injury cases with the parents as the plaintiffs, including in cases of wrongful death. When the child is the plaintiff, the statute of limitations does not begin until their fifth birthday. They then have two years to file a lawsuit. 

Delayed Discovery Doctrine

What happens when it is not reasonably possible to discover a birth injury until long after it takes place, though? This occurrence is known as a delayed discovery. When it’s unreasonable to discover an injury until after it occurs, the statute of limitations is tolled for up to five years until the injury was or should have been discovered.

Get the Experienced Representation You Deserve

The skilled team at Kaufman Injury Law is dedicated to helping families get justice. For over 45 years, we have fought for the futures of Athens families who have been impacted by the actions of negligent medical professionals — and we can fight for you. Call or contact us online to get started today.