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Alabama Birth Injury Lawyer

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Birth Injury Attorney Lawyer Atlanta Alabama
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$100M+ Recovered For Clients

Including $24M record-setting settlement.

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Birth Injury Advocacy in Alabama

Welcoming a new life into the world is a moment of unparalleled joy and expectation for families across Alabama. However, this joyous occasion can sometimes take an unexpected turn, leading to situations no family should ever have to face alone. Birth injuries, resulting from complications during labor and delivery, can have profound impacts on a child’s life and ripple through every aspect of family well-being.

In the heart of Alabama, from the vibrant streets of Birmingham to the historic avenues of Montgomery, and extending to the bustling cities of Mobile, Huntsville, and the serene landscapes of Tuscaloosa, families affected by birth injuries need more than just medical support. They require specialized legal advocacy to navigate the complex aftermath of a birth injury—a partner who understands not only the legal challenges but also the emotional and physical realities of these injuries.

This is where Gershon, Willoughby & Getz steps in. Unique in our approach, our firm is anchored by attorneys who are also medical doctors, offering a dual perspective that is rare in the legal field. Our commitment extends across Alabama, providing families with the expertise, empathy, and legal prowess needed to seek justice and support during these challenging times.

At Gershon, Willoughby & Getz, we don’t just see cases; we see families striving for a sense of normalcy in the wake of unexpected challenges. Our mission is to stand beside you, offering guidance, support, and unparalleled legal representation to ensure that your voice is heard and your rights are protected in Alabama’s legal landscape.

Whether you’re in the bustling heart of Birmingham or the quiet stretches of rural Alabama, our team is dedicated to providing the specialized legal advocacy necessary for birth injury cases. Together, we strive to turn the tide, transforming a path of uncertainty into one of hope and recovery for Alabama families.

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Understanding Birth Injuries in Alabama: Types and Impacts.

Birth injuries can disrupt the joyous expectations of welcoming a new member to the family, leaving behind a trail of questions and concerns. In Alabama, where families from Birmingham to Tuscaloosa and beyond cherish these moments, understanding the nature and impact of birth injuries is the first step towards healing and justice.

What Constitutes a Birth Injury?

A birth injury occurs when a newborn suffers physical harm during labor and delivery. These injuries can range from mild, requiring minimal treatment, to severe, leading to lifelong disabilities. The emotional and financial toll on families can be significant, making knowledge and support crucial.

Common Types of Birth Injuries

Families across Alabama should be aware of several common birth injuries, each presenting unique challenges:

  • Cerebral Palsy: A group of disorders affecting movement, muscle tone, and posture, often due to oxygen deprivation during birth.
  • Brachial Plexus Injuries: These injuries affect the network of nerves that sends signals from the spine to the shoulder, arm, and hand, potentially resulting from shoulder dystocia during delivery.
  • Erb’s Palsy: A specific type of brachial plexus injury that can cause weakness or paralysis in the arm.
  • Hypoxic-Ischemic Encephalopathy (HIE): A condition characterized by brain dysfunction caused by reduced blood flow and oxygen to the brain during birth.

The Impact of Birth Injuries

The impact of a birth injury extends beyond the immediate physical harm to the child. Families may face emotional distress, financial strain from medical bills, and the need for long-term care or special education services. The journey can be daunting, but understanding these challenges is the first step toward advocating for your child’s rights and well-being.

Alabama’s Major Cities and Birth Injury Support

In Alabama’s major cities—from the historical richness of Montgomery to the coastal charm of Mobile—families affected by birth injuries are not alone. Support networks, medical specialists, and legal advocates like Gershon, Willoughby & Getz are available to provide guidance and assistance. Recognizing the resources in your community can be a powerful tool in navigating the aftermath of a birth injury.


Here are just some of the successes*
our Lawyers have achieved:

$24 million

The largest jury verdict ever for medical malpractice in the District of Columbia on behalf of a child who suffered brain damage and cerebral palsy due to the failure of her doctors and nurses to diagnose and timely respond to an obstruction of her airway.

$10.8 million

Oregon jury verdict for a baby who must live with cerebral palsy and developmental delay because the nurse who was assisting his mother’s labor delayed calling the doctor when the fetal heart rate decreased after a uterine rupture occurred.

$7.4 million

Ohio settlement for a brain damaged baby as a result of a delay in delivering and the mother experiencing a placental abruption.

$5.5 million

Settlement for a baby in Oregon born with cerebral palsy, and mental retardation due to a delay in delivery.

$6 million

Recovery for a child born in Maryland who has cerebral palsy due to mismanaged labor and delivery.

$5.5 million

Recovery in a wrongful birth action for a child with a congenital birth defect due to a misread prenatal sonogram.

The Importance of Expert Legal Representation in Alabama

When facing the complex and often heart-wrenching challenges of a birth injury, the support of knowledgeable and compassionate legal representation becomes invaluable. In Alabama, where the legal landscape can be as diverse as the communities it serves, having an advocate who is well-versed in both the medical and legal intricacies of birth injury cases is crucial.

Navigating the Legal Complexities

Birth injury cases are not only emotionally taxing but also fraught with complex medical and legal questions. Understanding the standard of care expected during childbirth, identifying deviations from this standard, and linking them to the injury requires a deep understanding of both medical principles and Alabama’s legal standards. Expert legal representation can navigate these complexities, transforming medical facts into compelling legal arguments.

The Dual Expertise Advantage

At Gershon, Willoughby & Getz, our team’s unique blend of medical and legal expertise sets us apart. With attorneys who are also trained physicians, we offer an unparalleled understanding of the medical aspects of birth injuries. This dual expertise allows us to scrutinize medical records, consult with leading medical experts, and present nuanced medical issues effectively in legal proceedings, providing our clients with a distinct advantage.

Advocating for Full Compensation

The consequences of a birth injury can be far-reaching, affecting every aspect of a child’s and family’s life. Expert legal representation ensures that all facets of these impacts are considered in seeking compensation. This includes current and future medical expenses, rehabilitation costs, special education needs, pain and suffering, and, in some cases, punitive damages. A skilled attorney can advocate for a comprehensive compensation package that addresses both the immediate and long-term needs of the child and family.

Personalized Legal Strategy

Each birth injury case is unique, with its own set of circumstances, challenges, and impacts. A one-size-fits-all approach is not sufficient. Expert legal representation involves developing a personalized legal strategy that takes into account the specific details of the case, the needs of the child and family, and the nuances of Alabama law. This tailored approach ensures that the legal action aligns closely with the family’s goals and the child’s best interests.

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Alabama’s Legal Framework for Birth Injury Claims

Navigating a birth injury claim in Alabama involves understanding the specific legal parameters and statutes that govern medical malpractice and personal injury cases within the state. Knowledge of these laws is crucial for families seeking justice and compensation for the harm done.

Statute of Limitations in Alabama

One of the first legal considerations in any birth injury case is the statute of limitations. In Alabama, the law generally allows two years from the date of the injury for medical malpractice claims to be filed. However, when the injured party is a minor, the rules can differ, potentially allowing for an extended timeframe to initiate legal action. The nuances of these exceptions underscore the importance of consulting with a knowledgeable legal expert to ensure that your rights are preserved.

Proving Negligence in Birth Injury Cases

For a successful birth injury claim in Alabama, it’s necessary to establish that medical negligence occurred. This involves demonstrating that the healthcare providers involved deviated from the accepted standard of care and that this deviation directly resulted in the injury. Expert testimony, often from medical professionals, is typically required to establish these points, highlighting the intertwined nature of legal expertise and medical knowledge in these cases.

Damage Caps and Limitations

Alabama’s legal framework includes specific provisions regarding the damages that can be recovered in medical malpractice cases, including birth injury claims. Understanding these caps and how they apply to your case is crucial in setting realistic expectations for compensation. An experienced birth injury lawyer can navigate these legal waters, advocating for maximum compensation within the bounds of state laws.

The Role of Expert Legal Representation

Given the complexities of Alabama’s legal framework and the intricacies of medical malpractice law, having expert legal representation is indispensable. A skilled birth injury lawyer can navigate the statute of limitations, marshal the necessary medical evidence, and construct a compelling case for negligence. Moreover, an attorney well-versed in Alabama law can adeptly handle the nuances of damage caps and limitations, ensuring that your family’s claim is both robust and compliant with state statutes.

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If you've experienced a birth injury and suspect medical malpractice, Ask The Law Doc - is the partner you need.

With a free consultation offering, you have the opportunity to explore your legal options and take the first step towards securing the justice and compensation you rightfully deserve.


working with a Lawyer Who is a Doctor Too.

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Alabama Birth Injury Specialists

How Gershon, Willoughby & Getz Approach Birth Injury Cases in Alabama

At Gershon, Willoughby & Getz, our approach to birth injury cases is defined by our commitment to excellence, empathy, and expertise. Understanding the profound impact a birth injury can have on a family, we employ a comprehensive and compassionate strategy to navigate these complex cases.

Comprehensive Case Evaluation

Our process begins with a thorough evaluation of your case. We delve into medical records, consult with medical experts, and gather all necessary evidence to build a strong foundation. This meticulous attention to detail ensures that we fully understand the nuances of your case and can advocate effectively on your behalf.

Expert Medical Insight

What sets our firm apart is our unique blend of medical and legal expertise. Our team of doctor-lawyers brings a depth of medical understanding to each case that is unmatched in the legal field. This expertise allows us to critically analyze medical evidence, consult with leading medical experts, and articulate complex medical issues in a way that is both compelling and accessible to a legal audience.

Personalized Legal Strategy

Recognizing that each family’s situation is unique, we tailor our legal strategy to reflect your specific needs and objectives. Whether your goal is to secure compensation for medical expenses, ensure future care for your child, or seek justice for wrongful actions, our strategy is designed to align with your priorities and achieve the best possible outcome.

Client-Centered Communication

Navigating a birth injury case can be overwhelming, which is why we prioritize clear, open, and empathetic communication with our clients. We ensure that you are informed and involved at every stage of the process, from the initial consultation to the resolution of your case. Our goal is to make the legal process as transparent and stress-free as possible for you and your family.

Pursuing Justice and Accountability

Our ultimate aim in every birth injury case is to secure justice for your family and accountability for the responsible parties. We are committed to advocating for the full compensation you deserve, including coverage for medical expenses, rehabilitation costs, and compensation for pain and suffering. Beyond individual compensation, our broader mission is to effect change that enhances patient safety and prevents future birth injuries.

Cerebral Palsy: A Closer Look

Cerebral Palsy, a condition that can affect movement, muscle tone, and motor skills, is one of the most serious birth injuries families may face. It's often due to a lack of oxygen to the brain or trauma during birth.

Cerebral Palsy

If your child has been diagnosed with Cerebral Palsy and you suspect medical negligence, it's essential to reach out to a law firm that specializes in such cases. The team at, with their unique background in both medicine and law, can provide the expertise needed to navigate these complex cases.
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Erb's Palsy: Understanding and Legal Action

Erb's Palsy, resulting from nerve damage around the shoulder, can lead to weakness or loss of motion in the arm. This injury often occurs during a difficult delivery.

Erb's Palsy

The legal team at Gershon, Willoughby, and Getz, with their medical background, is adept at cutting through hospital red tape to uncover the truth behind such injuries.
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Alabama Birth Injury Attorney

Compensation for Birth Injuries in Alabama: Securing Your Child's Future

Understanding the types of compensation available in birth injury cases is crucial for families seeking to address the immediate and long-term needs of their child. In Alabama, Gershon, Willoughby & Getz is dedicated to helping families navigate the legal system to secure the compensation that reflects the full extent of their child’s injury and its impact on their life.

Types of Compensation in Birth Injury Cases

Compensation in birth injury cases can be broadly categorized into economic and non-economic damages, each addressing different aspects of the injury’s impact:

  • Economic Damages: These are quantifiable costs associated with the injury, including past and future medical expenses, rehabilitation costs, specialized equipment, home modifications, and any other expenses related to the child’s care and well-being.
  • Non-Economic Damages: These damages compensate for the less tangible aspects of the injury’s impact, such as pain and suffering, loss of enjoyment of life, and emotional distress experienced by the child and family. In Alabama, while there are generally no caps on economic damages, non-economic damages in medical malpractice cases may be subject to limitations, making expert legal guidance essential.

Securing Comprehensive Compensation

The team at Gershon, Willoughby & Getz is committed to securing comprehensive compensation that not only addresses immediate financial burdens but also ensures long-term support and care. This involves:

  • Thorough Assessment of Future Needs: We work with medical experts, life care planners, and economists to project the future needs of your child, ensuring the compensation accounts for ongoing medical care, therapy, educational needs, and any necessary accommodations for their lifetime.
  • Advocating for Maximum Recovery: Leveraging our medical-legal expertise, we robustly advocate for maximum compensation, including negotiating with insurance companies and presenting compelling arguments in court if necessary.
  • Navigating Legal Limitations: Our deep understanding of Alabama’s legal landscape allows us to navigate any limitations on damages effectively, ensuring that we pursue every available avenue for compensation on your behalf.

The Role of Settlements and Verdicts

While many birth injury cases are resolved through settlements, our firm is fully prepared to take cases to trial if it means securing a fair outcome for your family. Whether through settlement negotiations or courtroom advocacy, our focus is always on achieving the best possible result for your child and family.

Hypoxic-Ischemic Encephalopathy (HIE): Seeking Answers

Hypoxic-Ischemic Encephalopathy is a serious condition caused by insufficient oxygen and blood flow to a baby's brain during birth. The consequences can be lifelong.

Hypoxic-Ischemic Encephalopathy

The attorney-doctors at Gershon, Willoughby, and Getz are uniquely qualified to analyze such complex medical-legal cases, ensuring families receive the compensation and support they deserve.
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Neonatal Stroke: Navigating the Complexity in Legal Arenas

Neonatal Stroke is characterized by a disturbance in the blood supply to an infant's brain, either during delivery or shortly after birth. This condition can lead to long-term neurological deficits and developmental challenges.

Neonatal Stroke

The specialized knowledge and experience of Gershon, Willoughby, and Getz equip them to navigate the intricate medical and legal landscapes involved. Their understanding of neonatal stroke cases ensures comprehensive advocacy for these young patients and their families.
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top Birth Injury Attorneys

Dr. Zev Gershon, Esq.

Dr. Zev Gershon, Esq.


Wayne Willoughby, Esq.

Wayne Willoughby, Esq.

Of Counsel

Dr. Randy Getz, Esq.

Dr. Randy Getz, Esq.


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Choosing the Right Birth Injury Lawyer in Alabama: A Family’s Guide

The journey to justice for a birth injury can be complex and emotional. Choosing the right legal partner is paramount to navigating this path successfully. In Alabama, where the legal and medical landscapes are diverse, the right lawyer can make a significant difference in the outcome of your case and the future of your child.

Essential Qualities in a Birth Injury Lawyer

When selecting a birth injury lawyer in Alabama, consider these essential qualities:
  • Medical-Legal Expertise: Given the intricate nature of birth injury cases, which often hinge on complex medical issues, a lawyer with medical knowledge, in addition to legal expertise, can provide a significant advantage.
  • Experience in Birth Injury Cases: A lawyer’s experience in handling birth injury cases, particularly within Alabama, offers insights into their ability to navigate the specific challenges these cases present.
  • Compassionate and Client-Centered Approach: The right lawyer understands that they’re not just handling a case but supporting a family through one of their most challenging times. Compassion, empathy, and personalized attention are crucial.
  • Track Record of Success: A history of successful outcomes in birth injury cases, including verdicts and settlements, speaks volumes about a lawyer’s capability and commitment to their clients.

Questions to Ask When Selecting a Lawyer

To ensure you choose the right legal partner for your birth injury case in Alabama, consider asking potential lawyers the following questions:
  • Can you explain your experience with birth injury cases similar to ours?
  • How do you approach the medical aspects of these cases, and do you have medical professionals on your team?
  • What is your strategy for handling birth injury cases in Alabama, and how do you tailor your approach to each family’s needs?
  • Can you share examples of your success in representing families in birth injury cases?
  • How do you ensure open and empathetic communication with your clients throughout the legal process?

The Gershon, Willoughby & Getz Difference

Choosing Gershon, Willoughby & Getz means selecting a team that not only possesses the requisite legal and medical expertise but also embodies a deep commitment to the well-being of Alabama families. Our unique blend of doctor-lawyers ensures an unmatched understanding of the medical issues at play, while our compassionate, client-centered approach keeps your family’s needs and goals at the forefront of our strategy. Our track record in Alabama and beyond reflects our dedication to securing the best possible outcomes for the families we represent.

If you've experienced a birth injury, Gershon, Willoughby & Getz is the team partner you want on your side.

Get a free consultation to explore your legal options and take the first step towards securing the compensation you deserve.


Frequently Asked

Can’t find what you’re looking for?

In Alabama, the statute of limitations for medical malpractice cases, including birth injuries, generally requires that a lawsuit be filed within two years of the date of the injury. However, exceptions exist, especially for minors, potentially extending this period. It’s crucial to consult with a birth injury lawyer to understand how these timelines apply to your specific case.

Determining medical negligence involves a thorough review of medical records, consultations with medical experts, and a deep understanding of the standard of care expected in similar situations. Our team of doctor-lawyers is uniquely equipped to assess the medical aspects of your case and identify any deviations from accepted medical practices that could constitute negligence.

Compensation can cover a range of needs, including past and future medical expenses, rehabilitation and therapy costs, special education services, pain and suffering, and in some cases, punitive damages aimed at punishing egregious negligence. Our goal is to secure comprehensive compensation that addresses all aspects of your child’s and family’s needs.

Many birth injury cases are resolved through settlements before reaching trial, which can be less stressful and time-consuming for families. However, if a fair settlement cannot be reached, our team is prepared to advocate vigorously for your rights in court. We always aim to choose the path that serves your family’s best interests and leads to the most favorable outcome.

Our firm operates on a contingency fee basis, meaning our fees are contingent upon the successful resolution of your case. You will not be charged upfront fees; instead, our compensation is a percentage of the settlement or verdict amount. This arrangement allows families to pursue justice without financial barriers.