The miracle of childbirth can turn into a nightmare if your baby suffers a birth injury. These injuries can range from minor and treatable to severe and lifelong. If your child’s birth injury was caused by medical negligence, you may be entitled to compensation. Atlanta birth injury attorneys at Ask The Law Doc – Gershon Willoughby & Getz can help you navigate the legal process and fight for the resources your child needs.
This article explores the various factors that influence compensation in birth injury cases. Understanding these factors will equip you to make informed decisions about your legal options.
What Is A Birth Injury?
A birth injury is any damage or harm a baby sustains during pregnancy, labor, or delivery. These injuries can affect any part of the body and can have a lasting impact on a child’s health and development. Read If Birth Fails: Atlanta Birth Injury Attorneys to learn more.
Common Birth Injuries
Some of the most common birth injuries include:
- Brachial plexus injuries: These injuries affect the nerves in the shoulder and arm, causing weakness, paralysis, or loss of sensation.
- Erb’s palsy: A type of brachial plexus injury that affects the upper arm.
- Cerebral palsy: A group of disorders that affect movement, muscle tone, and coordination.
- Caput succedaneum: Swelling and bruising on the scalp caused by pressure during delivery.
- Cephalohematoma: Bleeding between the skull and the scalp.
- Hypoxic-ischemic encephalopathy (HIE): A lack of oxygen to the brain that can cause brain damage.
- Fractures: Broken bones, most commonly occurring in the clavicle (collarbone).
What Is Medical Malpractice?
Medical malpractice occurs when a medical professional deviates from the standard of care and that deviation causes harm to a patient. In the context of birth injuries, medical malpractice might involve:
- Failure to properly monitor the mother or baby during pregnancy or labor.
- Using excessive force during delivery with forceps or vacuum extraction.
- Misdiagnosis or delayed diagnosis of a medical condition that could have been prevented with proper care.
Birth Injury Compensation
If your child’s birth injury was caused by medical malpractice, you may be entitled to compensation for:
- Medical expenses: Past and future medical costs associated with treating the birth injury.
- Therapy: Costs of physical therapy, occupational therapy, speech therapy, and other therapies needed to address the birth injury.
- Special needs equipment: Costs of wheelchairs, braces, assistive devices, and other equipment your child may need.
- Loss of earning capacity: If your child’s birth injury limits their ability to work in the future, compensation for lost wages.
- Pain and suffering: Compensation for the physical and emotional pain your child experiences due to the birth injury.
- Wrongful death: In the tragic event of a birth injury resulting in death, compensation for funeral expenses and loss of companionship.
Factors That Influence Compensation
The amount of compensation you receive in a birth injury case will depend on several factors, including:
- The severity of the birth injury: More severe birth injuries that result in lasting disabilities will typically lead to higher compensation.
- The cost of future medical care: The projected costs of future medical treatment plays a significant role in determining compensation.
- The impact on your child’s life: Compensation considers how the birth injury affects your child’s ability to participate in daily activities, attend school, and live independently.
- The strength of your case: The evidence demonstrating a clear link between medical negligence and the birth injury significantly influences compensation.
Why Choose Atlanta Birth Injury Attorneys At Ask The Law Doc – Gershon Willoughby & Getz?
Birth injury cases are complex and require experienced legal representation. The Atlanta birth injury attorneys at Ask The Law Doc – Gershon Willoughby & Getz have a proven track record of success in helping families obtain compensation for birth injuries caused by medical malpractice. Our team will:
- Conduct a thorough investigation to gather evidence and build a strong case.
- Work with medical experts to assess the severity of your child’s birth injury and the long-term prognosis.
- Negotiate aggressively with insurance companies to secure the maximum compensation possible.
- Advocate for your child’s rights throughout the legal process.
Why Is It Important To Seek Legal Counsel?
The financial and emotional burden of a birth injury can be overwhelming. Atlanta birth injury attorneys at Ask The Law Doc – Gershon Willoughby & Getz can help you navigate the legal process and fight for the compensation your child deserves. This compensation can provide your child with the resources they need for lifelong medical care, therapy, and equipment.
Schedule A Free Consultation
If your child suffered a birth injury and you suspect medical negligence may be to blame, contact Ask The Law Doc – Gershon Willoughby & Getz today. We offer a free consultation to discuss your case and answer your questions. Our compassionate and experienced Atlanta birth injury attorneys will work tirelessly to ensure your child receives the justice and compensation they deserve.
Birth Injury FAQs Ask The Law Doc – Gershon Willoughby & Getz
What are some signs that my child may have suffered a birth injury?
Newborn babies cannot always communicate discomfort or pain. Here are some signs that might indicate your child has a birth injury:
- Weakness or paralysis in an arm or leg
- Seizures
- Difficulty feeding or swallowing
- Excessive crying or fussiness
- Breathing problems
- Developmental delays
If you notice any of these signs in your child, especially after a difficult delivery, consult a pediatrician immediately.
How can I prove medical malpractice caused my child’s birth injury?
The burden of proof lies with you to demonstrate medical malpractice. An Atlanta birth injury attorney at Ask The Law Doc – Gershon Willoughby & Getz can help gather evidence, such as medical records, doctor notes, and expert witness testimony, to establish a connection between the medical professional’s negligence and your child’s injury.
What is the time limit for filing a birth injury lawsuit in Georgia?
In Georgia, the statute of limitations for medical malpractice lawsuits is two years from the date of the injury. However, there are exceptions for minors. An Atlanta birth injury attorney can advise you on the specific time limits applicable to your case.
How much does it cost to hire a birth injury attorney?
Many birth injury attorneys work on a contingency fee basis. This means you won’t pay any legal fees upfront unless your case is successful. The attorney’s fee is typically a percentage of the compensation you receive.
What should I do if I suspect my child’s birth injury was caused by medical malpractice?
If you believe your child’s birth injury resulted from medical negligence, contact Ask The Law Doc – Gershon Willoughby & Getz for a free consultation. Our experienced Atlanta birth injury attorneys can evaluate your case and advise you on your legal options.
