Has your child suffered a birth injury in Dawsonville, Georgia? If a medical professional’s mistake is to blame, your family deserves compensation for your suffering, and Kaufman Law wants to help you pursue it. No one should have to go through what you have, and those responsible should be held accountable for their carelessness.

Your child deserves the financial security to live the fullest life possible, and there’s no time to waste in demanding it. Contact Kaufman Law today to speak with a birth injury lawyer serving Dawsonville, and tell us your story during a free, no-obligation consultation.

What Is a Birth Injury?

A birth injury is any harm or physical damage a baby suffers during the labor and delivery process. These injuries can result from physical pressure, medical tools like forceps, or complications during a prolonged or difficult birth. Common examples include nerve injuries such as brachial plexus injuries, fractures, or brain injuries caused by oxygen deprivation.

Birth injuries are not the same as birth defects. While birth injuries occur as a result of something going wrong during the actual delivery process, birth defects involve harm to a baby that arises prior to birth, often related to genetic issues, maternal health problems, or exposure to harmful substances during pregnancy. Unlike birth defects, which are typically inherent and develop in utero, birth injuries are often associated with the conditions and actions taken during childbirth, which can sometimes involve negligence on the part of the involved medical professionals.

How Do Birth Injuries Happen?

Birth injuries typically occur during the labor and delivery process and can be caused by a variety of factors, often involving complications or medical errors. Examples of birth injuries include:

  • Cerebral Palsy – Often associated with oxygen deprivation during delivery or trauma to the head
  • Brachial Plexus Injuries (Erb’s Palsy) – Can occur when there’s excessive pulling on the shoulders during a head-first delivery
  • Fractures – Commonly of the clavicle or collarbone, often resulting from physical trauma during birth
  • Caput Succedaneum – Swelling of the soft tissues of the baby’s scalp, which can develop as it travels through the birth canal
  • Intracranial Hemorrhage – Brain bleeding, which can be due to a violent birth or the misuse of medical instruments

What Must Be Proven in a Birth Injury Claim?

Birth injury claims hinge on the fault of one of the medical professionals involved in the labor or delivery process. Potentially liable parties might include:

  • Obstetricians/Gynecologists – Doctors who are primarily responsible for prenatal care, delivery, and any complications that arise during childbirth
  • Pediatricians – Doctors involved in the care of the infant immediately following birth, especially in managing any conditions evident right after delivery
  • Nurses and Midwives – Healthcare providers who assist during labor and delivery and are responsible for monitoring the mother’s and baby’s condition
  • Anesthesiologists – Specialists who manage pain relief during childbirth, such as epidural injections, whose errors can result in injuries to the mother or child
  • Medical Staff and Assistants – Other involved medical personnel whose actions or negligence might contribute to a birth injury
  • Hospitals or Medical Facilities – May be liable if systemic issues like understaffing, inadequate training, or lack of proper equipment contribute to birth injuries
  • Pharmaceutical Companies – Can be liable if a birth injury is linked to a defective drug or improper medication used during labor and delivery

To win your birth injury claim and recover compensation, your lawyer must prove that one of these parties was negligent in the care they rendered. They can do so by establishing the following elements:

  • Duty of Care – The lawyer must show that the healthcare provider owed a duty of care to the mother and the infant. This is generally established by the provider-patient relationship.
  • Breach of Duty – The claimant must demonstrate that the provider breached this duty of care. This involves showing that the provider’s actions deviated from the standard practices and guidelines that a competent healthcare provider would follow under similar circumstances.
  • Causation – There must be a direct link between the provider’s breach of duty and the injury sustained by the infant. This means proving that the injury directly resulted from the provider’s action or inaction, and not due to pre-existing conditions or other external factors.
  • Actual Losses – Finally, the lawyer must prove that tangible losses resulted from the injury. These can include physical harm to the child, long-term medical conditions, additional medical treatments required, emotional distress, and financial burdens like medical expenses and future care costs.

Evidence in birth injury claims often involves medical records, expert testimony from other healthcare professionals, and an in-depth analysis of the labor and delivery process. Proving these elements can be complex and typically requires the expertise of legal professionals with experience handling medical malpractice cases.

Compensation Recoverable in a Birth Injury Claim

Once your lawyer has established that a medical professional is to blame for your child’s birth injuries, they can demand that the at-fault party compensate you for your:

  • Medical Expenses – Compensation for all past, present, and future medical care related to the birth injury, including hospitalization, surgery, medication, physical therapy, and any specialized medical equipment
  • Pain and Suffering – Compensation for the physical pain and emotional distress the child and family endure as a result of the injury
  • Loss of Earning Capacity – If the birth injury causes long-term or permanent disability, compensation for the child’s reduced ability to earn income in the future
  • Special Education Costs – Compensation for special education services the child requires due to developmental delays or disabilities stemming from the injury
  • Rehabilitation Costs – Compensation for expenses related to ongoing physical or occupational therapy to help the child achieve optimal independence and quality of life
  • Home Modification Costs – Compensation if the child’s injury requires modifications to the home, such as accessibility ramps or specialized bathroom equipment
  • Long-Term Care Costs – Compensation for costs associated with future support, including professional caregiving and residential care facilities
  • Loss of Quality of Life – Compensation for the diminished quality of life experienced by the child due to their injuries.

Contact a Birth Injury Lawyer Serving Dawsonville

Is your family dealing with the painful aftermath of a preventable birth injury? If so, contact Kaufman Law to speak with a birth injury lawyer serving Dawsonville. We want to seek the justice you deserve and the financial resources you need to care for your child, now and in the future. Don’t wait – reach out today.

Directions to Our Atlanta Law Office

Here’s how you can get to our Atlanta office from downtown Dawsonville:

  1. Head south on GA-9 S/Main St toward E 3rd St. Continue to follow GA-9 S. You will pass by a couple of local stores and restaurants.
  2. Merge onto GA-400 S/US-19 S. Continue to follow GA-400 S. This will take you directly south towards Atlanta. You will be on this highway for the majority of your trip.
  3. Use the right two lanes to take exit 4A for Interstate 285 W toward Chattanooga/Birmingham.
  4. Merge onto I-285 and stay on for a short while.
  5. Use the right two lanes to take exit 20 for I-75 S/I-85 S toward Atlanta.
  6. Merge onto I-75 S/I-85 S, and continue straight to stay on I-75 S/I-85 S as you enter the Atlanta area.
  7. Keep left to continue on I-85 S, follow signs for Domestic/Montgomery.
  8. Use the right two lanes to take exit 249D for North Avenue toward Georgia Tech/Georgia State University Station.
  9. Turn left onto North Ave NW (signs for Georgia Institute of Technology).
  10. Turn right onto Northside Dr NW.
  11. Turn left onto Donald Lee Hollowell Pkwy NW.
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