Atlanta Birth Injury Lawyer

Birth injuries refer to any harm or trauma that a newborn may suffer during the birthing process. These injuries can be severe and tragic, impacting the child’s life and their family significantly. If your child has suffered a birth injury, it’s essential to seek legal assistance. Contact Butler Kahn birth injury lawyers at (678) 940-1444 or reach out online for clarification on your legal rights and options. Our team can assist you through the legal process to better ensure that you receive the justice and compensation you deserve from those who are responsible for the injury.

Understanding the nature of birth injuries is important for families affected by them, especially when a lawsuit might be on the horizon. Below, Butler Kahn explores the ins and outs of these injuries, emphasizing the importance of hiring a knowledgeable birth injury lawyer before it’s too late.

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Types Of Birth Injuries

  • One common type of birth injury is Cerebral Palsy. This condition is caused by brain damage and affects muscle coordination and control. Kids with cerebral palsy can experience deficiencies in movement, balance, and posture.
  • Another type is a Brachial Plexus Injury, which occurs when the group of nerves that sends signals from the spine to the arm and hand, known as the brachial plexus, is damaged. This can result in weakness or loss of movement in the arm.
  • Fractures are also a common type of birth injury, often occurring during difficult deliveries. The most common fracture is of the clavicle or collarbone.
  • Cephalohematoma involves bleeding under one of the cranial bones. This may cause a raised lump on the baby’s head, which typically disappears over time.
    Perinatal Asphyxia is another serious injury where the baby does not receive adequate oxygen before, during, or just after birth. This can lead to various complications, including neurological damage.
  • Lastly, intracranial hemorrhage, which is bleeding inside the skull is also a consequential kind of birth injury. This condition can range from minor to severe, depending on the extent of the bleeding.

Causes Of Birth Injuries

  • The causes of birth injuries can be complicated. One major cause is prolonged or difficult labor, where the baby may be in the birth canal for an extended period. This can increase the risk of physical trauma and oxygen deprivation. Another common cause is improper use of birth-assisting tools, such as forceps or vacuum extractors. If these tools are not used correctly, they can exert excessive force on the baby’s head or body, leading to various injuries.
  • Preterm birth, where a baby is born before 37 weeks of gestation, is also a significant risk factor. Preterm babies are more vulnerable to injuries due to their underdeveloped bodies and organs. Conversely, large birth weight can lead to complications during delivery, especially if the baby is too large to pass safely through the birth canal. This can result in injuries due to physical trauma.
  • Oxygen deprivation is a serious concern. This can happen due to various reasons, such as umbilical cord problems, placental issues, or maternal blood pressure disorders. Oxygen deprivation can lead to brain injuries and other serious conditions.
  • Lastly, medical negligence is a significant cause of birth injuries. This includes errors made by healthcare professionals, such as failing to monitor the baby’s vital signs adequately, delaying a necessary cesarean section, or not responding appropriately to complications during labor and delivery. Medical negligence can have lasting impacts on the health and well-being of both mother and child.

Birth Injury Occurrences In Atlanta

  • Birth injuries can occur in various healthcare settings in Atlanta, with hospitals and birth centers being the most common locations. These injuries might happen due to a range of factors, including the complexity of the delivery, the experience and practices of the healthcare staff, and the quality of prenatal and perinatal care provided.
  • Hospitals in Atlanta are where most births and birth injuries occur. Large medical centers, such as Grady Memorial Hospital, Emory University Hospital, and Atlanta Medical Center, handle a high volume of births, including high-risk pregnancies and deliveries. While these hospitals have advanced medical facilities and experienced staff, the high number of deliveries can sometimes lead to oversights or rushed decisions that may result in birth injuries.
  • Maternity wards and birth centers in Atlanta are other locations where birth injuries might occur. These centers are designed to provide a more natural and less clinical birthing experience. However, they might lack the full range of medical equipment and specialists found in larger hospitals, which can be important in emergencies or complicated births.
  • At-home births in the Atlanta area, though less common, also carry the risk of birth injuries. While many at-home births proceed without complications, the absence of immediate medical intervention can be critical if unexpected issues arise during delivery.

Who Could Be Liable For Birth Injury?

When a birth injury occurs, determining who is liable is important for addressing the situation legally and ethically. Liability in birth injury cases can fall on various parties, depending on the circumstances surrounding the injury.

Medical professionals are often the first to be considered for liability. This includes obstetricians, gynecologists, pediatricians, nurses, and other healthcare staff involved in the delivery process. If these professionals fail to provide the standard of care expected in their field, resulting in injury to the newborn, they may be held liable. This could be due to actions they took that were inappropriate or harmful, or for failing to take necessary actions to prevent injury.

Hospitals and medical facilities where the birth took place can also be liable. This is especially true if the injury was caused by systemic problems, like inadequate training, understaffing, lack of proper equipment, or other administrative failures. In those cases, the hospital as an entity might be held responsible for the harm caused to the newborn.

Finally, pharmaceutical companies may be liable if a birth injury was caused by defective or improperly labeled medications used during pregnancy or delivery.

Determining liability requires a thorough investigation into the specific circumstances of each case. It often involves medical experts who can testify about what the standard of care should have been and how professional standards of care were breached.

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Filing A Lawsuit Or Insurance Claim Based On Birth Injury

If a birth injury occurs, the parents or guardians of the newborn might consider filing a lawsuit or insurance claim to seek compensation for damages. This process starts with understanding the legal grounds for the claim, which typically involves proving that the injury was caused by negligence or malpractice.

Filing a lawsuit involves taking legal action against the parties believed to be responsible for the injury. This usually begins with hiring an attorney who focuses on birth injury or medical malpractice cases. The attorney will collect evidence, consult medical experts, and build a case to demonstrate how the injury occurred and who is at fault.

Insurance claims might be another avenue for compensation. The process involves filing a claim with the insurer, who will then assess the claim and determine the compensation amount. However, insurance claims can be complex and might require negotiation or legal action to reach a satisfactory outcome. No parent should accept the terms of a settlement offer before an experienced birth injury attorney has been granted the opportunity to review it.

Damages In Birth Injury Cases

Damages in birth injury cases refer to the compensation awarded to the injured party. These can include:

  • Medical Expenses: Covering the cost of medical care required due to the injury, including ongoing treatment and rehabilitation.
  • Pain and Suffering: Compensation for the physical and emotional distress caused by the injury.
  • Loss of Future Earnings: If the injury results in long-term disability, this can cover the potential future earnings lost due to the disability.
  • Punitive Damages: In some cases, where the negligence was particularly egregious, additional damages might be awarded to punish the liable party and deter future misconduct.

Frequently Asked Questions

What Is A Birth Injury Claim Or Lawsuit?

A birth injury claim or lawsuit is a legal remedy filed by the guardians or parents of a newborn who has suffered injuries during the birthing process, typically due to medical negligence or malpractice. The lawsuit is for seeking compensation for injuries sustained and to hold responsible parties accountable.

Liability in a birth injury lawsuit can fall on various parties, including obstetricians, nurses, anesthesiologists, hospitals, and in some cases, pharmaceutical companies. Determining liability requires proving that the standard of medical care was not met, and that this failure resulted in the birth injury.

To determine if you have a valid birth injury lawsuit, it is important to demonstrate that the medical professionals involved in the birthing process breached their duty of care, and this breach directly caused the injury to the newborn.

Compensation in a birth injury lawsuit can include medical bills (both current and future), suffering and pain, loss of future earnings, and in some cases, punitive damages. The exact compensation award value will be based on the severity and seriousness of the injury and its long-term impact on the child’s life.

The time limit, or statute of limitations, for bringing a personal injury claim or medical malpractice claim  is usually two years from the date of the injury. Yet, it’s important to consult an attorney as soon as possible to begin gathering evidence and building your case regardless. 

Filing a birth injury lawsuit starts with consulting an attorney. The attorney will collect medical records, consult experts, and gather evidence to build a strong case. The legal process can involve negotiations with the responsible parties or their insurers and may go to trial if a settlement cannot be reached.

Not always. In some cases, parents may opt for an out-of-court settlement or file an insurance claim. However, if a fair settlement cannot be reached, or if the case involves severe negligence, a lawsuit might be the most effective way to seek appropriate compensation.

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Contact A Butler Kahn Birth Injury Attorney

If you have experienced a birth injury in Atlanta or elsewhere in Georgia, it’s important to get in touch with a lawyer right away. Contact Butler Kahn at (678) 940-1444 or online to speak with our experienced birth injury lawyers. We’ll take the time to review your situation and go over your legal options. We are prepared to fight on your behalf to help you get the justice and compensation you deserve.

Atlanta Attorney sits with team to discuss personal injury case

Meet Jeb Butler

/ PERSONAL INJURY ATTORNEY

It’s pretty simple: a lawyer should be good at what he does, care about his clients, and live up to his word. That is how we have built this firm.

I’ve been handling exclusively personal injury and wrongful death cases for over ten years. Before that, I worked as a prosecutor, public defender, federal law clerk, and (briefly) as a civil defense lawyer. In law school I argued on the National Moot Court team, published on the Law Review, and graduated magna cum laude. Doing well in law school opened lots of doors for me but it was not until I started my own law firm handling serious injury cases that I opened the right one.

What I learned before law school has mattered the most. I learned to work hard, for a long time, at jobs that were not glamorous. I shoveled sod, mucked stalls, fed horses and cows, cut grass, and ran a weed-eater. I learned to weld and drive a tractor. I learned about pride in a job well done.

That is what drives me now. I want to win my client’s case, look them at the eye at the end when we deliver the check, and know that my firm has lived up to its word of delivering top-tier legal work and top-tier client service.

Meet Matt Kahn

/ PERSONAL INJURY ATTORNEY

Meet Matt Kahn

PERSONAL INJURY ATTORNEY

If you’re on our page looking for a personal injury lawyer, you and your family have likely suffered a serious loss. This page probably isn’t the first law firm website you’ve visited. Let me tell you what we can do for you.
The three most important things you should look for in a lawyer are experience, work ethic, and communication.

  • Experience – I’ve dedicated my career to fighting for people and families who’ve suffered unimaginable losses by focusing solely on personal injury and wrongful death cases. It’s all we do at Butler Kahn.
  • Work Ethic – I fight for my clients around the clock. My day doesn’t end at 5:00 p.m. When I take on a case, that case becomes a significant part of my life. Why shouldn’t it? It’s certainly a significant part of yours.
  • Communication – Each of my clients have my cell phone number. If you want to talk to you lawyer, you should be able to on your time.

You need real lawyers who handle serious cases. That is what Butler Kahn does.