The birth of a child should be a joyous event for any family. That happiness can quickly turn to anxiety or despair if you learn your child has suffered a birth injury. Although some birth injuries heal on their own or can be treated, many others leave infants with conditions that follow them into adulthood.
If your newborn suffered a birth injury due to negligent medical care in Lawrenceville, you deserve justice and accountability now. Reach out to Brauns Law Accident Injury Lawyers, PC, to learn how we can help pursue compensation for your losses from the at-fault party. Call or contact us today for a free consultation with compassionate Georgia birth injury lawyer David Brauns.
Common Causes of Birth Injuries
It’s well known that childbirth is an intense process. Some complications occur naturally, resulting in injuries to both mother and child. But when preventable errors by medical professionals result in a birth injury, Georgia medical malpractice laws allow families to take legal action against the negligent party.
Infants can suffer birth trauma at any point during labor and delivery. Common birth injuries include:
- Use of excessive or improper force on the infant (e.g., pulling on the baby’s head)
- Incorrect use of delivery instruments (e.g., forceps, vacuum extractors, etc.)
- Failure to ensure the baby is in proper position for delivery
- Failure to respond to complications before, during, or after delivery (e.g., abnormal maternal or fetal bleeding, umbilical cord issues, detached placenta, prolonged labor, etc.)
- Failure to identify complications for vaginal delivery (e.g., prior cesarean sections, abdominal/pelvic surgery, inadequate pelvic size, etc.)
- Failure to properly monitor both the mother and the fetus during pregnancy for dangerous conditions (e.g., infections, diabetes, blood pressure fluctuations, etc.)
- Failure to evaluate the baby following delivery (e.g., ensuring stable blood pressure, checking for sufficient breathing/oxygen flow, monitoring jaundice, etc.)
- Failure to recognize signs of fetal distress in a timely manner
- Wrongful death
If you or your baby suffered injuries and you believe a medical professional is to blame, speak to a birth injury attorney right away. An accomplished lawyer can launch an immediate investigation into the birth injury case to learn what went wrong and who should be held liable.
Types of Birth Injuries
Examples of common birth injuries include:
- Bruising and lacerations from forceps or vacuum extraction
- Broken bones, which can cause chronic pain and limited range of motion if the fracture does not heal properly
- Brachial plexus injury/Erb’s palsy, caused by damage to the nerves that run down to the arms and hands, usually due to the baby’s shoulder getting stuck in the birth canal (shoulder dystocia)
- Cerebral palsy
- Caput succedaneum, a swelling of the tissues on the scalp, often caused by pressure on the head from the birth canal or vacuum extraction
- Cephalohematoma, or bleeding between the skull and the soft tissues covering the skull
- Facial paralysis, caused by bruising or tearing of facial nerves, usually due to forceps
- Traumatic brain injury (TBI)
- Spinal cord injuries
- Meconium aspiration syndrome, a respiratory infection that occurs when a baby inhales its feces during delivery
- Oxygen deprivation, which can lead to brain damage
Before you can file a birth injury lawsuit, you need to determine whether the injury is the result of medical negligence. To discuss your case with a qualified birth injury attorney, reach out to Brauns Law Accident Injury Lawyers, PC, in Lawrenceville today.
Types of Compensation from a Birth Injury Claim in Lawrenceville, GA
A child who sustains a birth injury may be left with lifelong disabilities and impairments that require specialized care. Financial compensation can help provide money to support the child’s ongoing medical needs and prevent the family’s finances from being drained.
Birth injury compensation can include money for:
- Medical costs and rehabilitation for injuries, including hospitalization, surgery, physical/occupational/speech therapy, medications, or medical and mobility devices
- Future medical expenses
- Lost wages
- Cost of long-term care, such as specialized education and vocational training, in-home health services, intensive nursing services, or assisted living care
- Physical pain and emotional distress the child will experience throughout their lifetime
- Lost enjoyment of life due to permanent scarring, disfigurement, or permanent disability
- Reduced life expectancy due to the birth injury
Medical malpractice cases against healthcare providers can be very complex. The burden of proof is on the family to show how the provider deviated from the expected standard of care. This requires substantial evidence, testimony from medical experts, and a compelling argument for compensation. Depending on the circumstances of the case, your attorney may recommend filing a birth injury lawsuit against the negligent party.
Successful birth injury lawsuits can help struggling families get the support they need during one of the most difficult times of their lives. Medical bills alone can be sky-high for children with severe birth
What to Do After a Birth Injury
If your child suffered birth injuries before or during delivery, you should take these steps to protect your family’s right to claim compensation:
- Seek medical treatment for your child as soon as possible. Ideally, you should seek care from different professionals and facilities than the ones that delivered the newborn. Pediatricians who specialize in treating birth injuries can recommend the medical and rehabilitative support your child needs, such as physical or occupational therapy.
- Keep copies of all bills and invoices for all expenses you incur to help your child recover from the birth injury. This can include costs for transportation to and from medical appointments, assistive medical devices, and other costs related to the child’s injury.
- Follow all treatment recommendations and instructions. Following the advice of trusted medical professionals can strengthen your case for maximum birth injury compensation. Conversely, a failure to comply with the doctor’s orders could hurt your birth injury claim.
Finally, contact a Lawrenceville birth injury lawyer to discuss the details of your case and learn more about pursuing a claim against the negligent medical provider. In some cases, several medical practitioners may be responsible for the child’s injuries.
Statute of Limitations for Birth Injury Claims in Georgia
Under Georgia’s statute of limitations for medical malpractice claims, you must file suit against the healthcare provider responsible for your child’s birth injury within two years of your child’s fifth birthday.
Although this window may be extended in certain situations, you won’t be able to file a birth injury claim under any circumstances after the child turns 10.
If you fail to file suit within the statute of limitations, your lawsuit will likely be dismissed by the court and you will forfeit the chance to pursue compensation for your losses.
Contact a Birth Injury Lawyer in Lawrenceville, GA Today
Life for a child after a birth injury can be uncertain. If someone else is responsible for their injuries, obtaining compensation can help families prepare for whatever the future holds.
Call or contact the personal injury lawyers at Brauns Law Accident Injury Lawyers, PC, today for legal advice from a Lawrenceville birth injury lawyer. We review your case for free, determine whether you have a valid birth injury claim, and estimate how much compensation you may be entitled to.
It’s simple to get started. Fill out our short online contact form to get in touch with a birth injury attorney now.
