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Including record-setting settlements.
Welcoming a new baby into the world is filled with joy and hopes for families in Alabama. Sometimes, this happy moment can take a sudden turn. Problems during labor and delivery can lead to birth injuries. These injuries can greatly affect a child’s life and the entire family.
At Gershon, Willoughby & Getz, we see beyond just the case. We care about the families behind the injuries, striving to help them regain normalcy after unexpected challenges. Our main goal is to stand by your side, offering advice, support, and top-notch legal representation. We ensure your voice is heard and your rights are fully protected under Alabama law.
Including record-setting settlements.
BIG WINS
The largest jury verdict ever for medical malpractice in DC. A child who suffered brain damage and cerebral palsy due to the failure of her doctors and nurses.
Oregon jury verdict for a baby who suffered with cerebral palsy because the nurse delayed calling the doctor after a uterine rupture.
Ohio settlement for a brain damaged baby.
Settlement for a baby in Oregon born with cerebral palsy, and mental retardation due to a delay in delivery.
Recovery for a child born in Maryland who has cerebral palsy due to mismanaged labor and delivery.
Recovery in a wrongful birth action for a child with a congenital birth defect due to a misread prenatal sonogram.
WHY CHOOSE US
Birth injury cases are emotionally and mentally draining. They involve complex medical and legal questions. You need an attorney to understand Alabama’s medical and legal standards. Expert legal representation can turn complex medical information into strong legal arguments. This helps your case significantly.
At Gershon, Willoughby & Getz, our team combines medical and legal knowledge. Our attorneys are also trained physicians, offering unique insights into medical aspects. This dual expertise helps us analyze medical records and work with top medical experts. We can present complicated medical issues clearly, giving you an edge in court.
A birth injury affects many aspects of a child’s and family’s life. Good legal representation ensures all impacts are considered for compensation. This includes:
– Current and future medical expenses
– Rehabilitation costs
– Special education needs
– Pain and suffering
– Punitive damages in some cases
A skilled attorney can fight for a comprehensive compensation package. This addresses both immediate needs and long-term impacts.
Every birth injury case is unique. A one-size-fits-all approach won’t work. Expert legal representation involves creating a personalized legal strategy. This strategy will consider the specifics of your case and the unique needs of your family. Tailored legal actions are more likely to align with your family’s goals and best interests.
Testimonials
Dealing with birth asphyxia is a profound challenge. If you’re in Mobile, Alabama, the right legal help is crucial. Skilled attorneys not only provide necessary legal expertise, but they also offer emotional and practical support to families during these tough times. Here’s why hiring an experienced birth asphyxia attorney in Mobile, Alabama, can make a big difference.
Understanding birth asphyxia claims can be confusing. Skilled attorneys have the legal expertise to navigate these complex cases. They know what evidence is needed and how to present it effectively. Their experience can help families understand their rights and the legal process.
Some attorneys have medical backgrounds. This means they understand the medical complexities of birth asphyxia and can provide a detailed and thorough analysis. These dual-skilled professionals can consult with other medical experts to strengthen your case.
Every birth asphyxia case is unique. Experienced attorneys will create a personalized legal strategy. They tailor their approach to meet each family’s specific needs and goals. Whether the objective is securing compensation for medical expenses or future care for the child, the strategy will align with the family’s priorities.
A knowledgeable attorney fights for comprehensive compensation. This includes covering medical expenses, rehabilitation costs, and compensation for pain and suffering. They use their skills to ensure families receive the maximum compensation allowed by law.
Emotional and practical support is crucial in birth asphyxia cases. Skilled attorneys provide compassionate care throughout the legal process. They keep families informed and involved, making the process as stress-free as possible.
Navigating birth injury claims in Alabama involves understanding specific legal parameters. Knowing these laws is essential for families seeking justice and compensation for birth asphyxia.
The statute of limitations is one of the first legal considerations. In Alabama, families generally have two years from the date of injury to file a medical malpractice claim. For minors, there may be an extended timeframe. Consulting with a knowledgeable attorney ensures rights are preserved within these legal boundaries.
To succeed in a birth injury claim, proving medical negligence is necessary. This means showing that healthcare providers did not follow the accepted standard of care. The deviation must have directly caused the injury. Expert testimony from medical professionals is often needed to prove these points.
Alabama law includes specific rules about the damages that can be recovered in medical malpractice cases. Understanding these caps is crucial for setting realistic expectations. An experienced attorney knows how to navigate these limits to advocate for maximum compensation.
Given Alabama’s complex legal framework, having expert legal representation is essential. A skilled birth asphyxia lawyer understands the statute of limitations, medical evidence, and damage caps. They build a robust and compliant case.
Gershon, Willoughby & Getz take a comprehensive and compassionate approach to birth asphyxia cases. They understand the profound impact a birth injury can have on a family. Here’s how they handle these challenging situations:
Their process begins with a thorough evaluation. They review medical records, consult experts, and gather evidence. This attention to detail helps build a strong foundation for each case.
What sets Gershon, Willoughby & Getz apart is their blend of medical and legal expertise. Their team includes doctor-lawyers who can analyze medical evidence deeply. This expertise is crucial in consulting with medical experts and presenting compelling cases.
Understanding that each family’s situation is unique, they tailor their strategies. Whether the goal is securing compensation or justice for wrongful actions, their approach aligns with the family’s needs and objectives.
They prioritize clear and empathetic communication. From the initial consultation to the final resolution, they ensure clients are informed and involved. Their goal is to make the legal process as transparent and stress-free as possible.
Their ultimate aim is to secure justice and accountability. They fight for full compensation, including medical expenses, rehabilitation costs, and pain and suffering. Beyond individual cases, their broader mission is to enhance patient safety and prevent future birth injuries.
With Gershon, Willoughby & Getz, you can trust that your case is in capable and compassionate hands. We are committed to fighting for the justice and compensation you and your family deserve.
Understanding the types of compensation available in birth injury cases is essential for families. This helps address the immediate and long-term needs of their child. In Mobile, Alabama, Gershon, Willoughby & Getz is devoted to helping families. They navigate the legal system to secure compensation that reflects the injury’s impact on their child’s life.
Compensation in birth asphyxia cases can be broadly categorized into economic and non-economic damages. Each type of compensation addresses different aspects of the injury’s impact:
Economic Damages
These are quantifiable costs associated with the injury. They include 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. This can include 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. Expert legal guidance is essential in navigating these limitations.
The team at Gershon, Willoughby & Getz aims to secure full compensation. This covers immediate financial needs and long-term support. This involves:
Thorough Assessment of Future Needs
We work with medical experts, life care planners, and economists. They help project future needs, making sure the compensation covers ongoing care, therapy, school needs, and any necessary lifetime accommodations.
Advocating for Maximum Recovery
Using our medical-legal expertise, we fight for maximum compensation. This includes negotiating with insurance companies and presenting strong cases in court if needed.
Navigating Legal Limitations
We understand Alabama’s legal landscape well. This helps us navigate any limits on damages, ensuring we chase every possible compensation for you.
Many birth injury cases are settled out of court. But our firm is ready to go to trial if needed. Whether through settlement talks or courtroom actions, our goal is to get the best outcome for your child and family.
The journey to justice for a birth injury is tough and emotional. Picking the right lawyer is key to navigating this path successfully. In Mobile, Alabama, having the right attorney for birth asphyxia can greatly affect your case’s outcome and your child’s future.
When looking for a birth asphyxia attorney in Mobile, Alabama, consider these key qualities:
Medical-Legal Expertise
Birth asphyxia cases are complex. A lawyer with medical knowledge, along with legal skills, can be very helpful.
Experience in Birth Injury Cases
A lawyer with experience handling birth injury cases in Alabama knows the specific challenges these cases bring.
Compassionate and Client-Centered Approach
A good lawyer understands they are supporting a family through tough times. Compassion, empathy, and personal attention are important.
Track Record of Success
A history of successful outcomes in birth injury cases shows a lawyer’s capability and dedication to their clients.
OUR ALABAMA LEGAL TEAM
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To ensure you choose the right legal partner for your birth injury case in Athens, 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?
Choosing Gershon, Willoughby & Getz means selecting a team with both legal and medical expertise. We also care deeply about the well-being of Alabama families. Our blend of doctor-lawyers offers a unique understanding of medical issues. Our compassionate approach keeps your family’s needs at the forefront. Our track record in Alabama and beyond shows our commitment to securing the best outcomes for the families we represent.
A birth injury legally refers to harm that occurs to a baby during the birth process due to medical mistakes or negligence. This can include physical injuries like broken bones or nerve damage. It can also include conditions like cerebral palsy caused by complications during labor and delivery.
To determine if medical malpractice occurred, you must show that the healthcare provider did not follow the accepted standard of care. This failure must have directly caused the injury. Indications may include unexpected emergency procedures during delivery, severe distress in the baby, or diagnoses related to oxygen deprivation or physical trauma during birth.
Compensation in birth injury cases can cover medical costs (both past and future), rehabilitation expenses, special education needs, pain and suffering, and sometimes punitive damages. The amount depends on the specifics of the case, including the severity of the injury and its long-term impact on the child’s life.
Begin by scheduling a consultation with a birth injury lawyer. They will look at the details of your case, advise you on the chances of proving malpractice, and outline the next steps. Bring any related medical records or documents to the meeting so the lawyer can understand your case better.
Look for a lawyer with experience in birth injury cases. Check their track record of successful outcomes and make sure they have enough resources to handle complex medical cases. A good lawyer will also be understanding, clear in communication, and able to explain the legal process in simple terms.
Many birth injury lawyers work on a contingency fee basis. This means they only get paid if you win your case. The fee is usually a percentage of the compensation you receive. Always ask about fees and payment structures during your initial consultation.
Each state has its own “statute of limitations,” which is the time limit for filing a lawsuit. In Alabama, you generally have two years from the date of the injury to file. It’s crucial to consult with a lawyer as soon as possible to make sure you don’t miss this deadline.
To prove a birth injury case, you will need medical records, expert testimonies, and sometimes photographs. Your lawyer will help you collect and present this evidence to show how the injury happened and who was at fault.
Common birth injuries that can lead to lawsuits include cerebral palsy, Erb’s palsy, brain damage from lack of oxygen, and physical injuries like broken bones or nerve damage. If your child has any of these conditions, consult a lawyer to see if medical malpractice might be the cause.
The timing for filing a lawsuit depends on state laws and the nature of the injury. In some cases, you might have more time if the injury wasn’t discovered immediately. Consult a lawyer to find out what options are available based on your specific situation.
By knowing these answers, you can take the next steps towards getting justice and the compensation your child needs. If you’re in Mobile, Alabama, make sure to consult a skilled birth injury attorney to guide you through this process.
Birth injuries can disrupt the joyous expectations of welcoming a new family member. They leave behind many questions and concerns. In Mobile, Alabama, understanding the nature and impact of birth injuries is the first step toward healing and justice.
A birth injury happens when a newborn is physically harmed during labor and delivery. These injuries can be mild, needing minimal treatment, or severe, causing lifelong disabilities. The emotional and financial toll on families can be significant. Knowledge and support are crucial.
Families in Athens, Alabama, should be aware of several common birth injuries. Each type has its own challenges and potential impacts on your child’s life.
Cerebral Palsy
Cerebral Palsy is a group of disorders that affects movement, muscle tone, and posture. It often happens due to lack of oxygen during birth. Children with cerebral palsy may have difficulty walking or moving. Lifelong care is often needed, and the financial burden can be significant. It’s important to seek compensation to cover these ongoing costs.
Erb’s Palsy
Erb’s Palsy is a specific type of brachial plexus injury, which affects the nerves that send signals from the spine to the shoulder, arm, and hand. This injury can happen if the baby’s shoulder is stretched during delivery. Children with Erb’s Palsy may experience weakness or paralysis in the arm. Treatment and therapy can be expensive, so fighting for compensation is crucial.
Hypoxic-Ischemic Encephalopathy (HIE)
Hypoxic-Ischemic Encephalopathy (HIE) is a condition where the brain doesn’t get enough oxygen and blood during birth. This can lead to serious brain dysfunction. Children with HIE may face developmental delays and other long-term health issues. Medical care and special education can be costly, making legal support essential for obtaining compensation.
Neonatal Stroke
A neonatal stroke occurs when there is a disruption of blood flow to a part of the brain in a newborn. This can result in brain injury, leading to developmental delays and physical disabilities. The effects can be lifelong, requiring extensive medical care and therapies. Seeking compensation can help cover these expenses.
Birth injuries affect more than just the physical health of the child. Families might experience emotional distress and financial strain due to medical bills and ongoing care needs. Understanding these challenges is the first step toward seeking justice for your child’s suffering.
Q: What symptoms might indicate my child has suffered a birth injury?
A: Symptoms vary based on the child’s age. For infants up to 24 months, look for delays in speech, motor skills like walking or crawling, muscle control issues, and vision or hearing problems. As children grow, symptoms might include difficulties with fine motor skills, cognitive delays, and not meeting typical developmental milestones. Monitor your child’s growth and development closely. Consult a healthcare provider if you notice any concerning signs.
Q: What are some specific signs of malpractice that might have contributed to a birth injury?
A: Signs of malpractice include improper use of delivery tools like forceps or vacuum extractors, excessive force during delivery, delayed delivery, failure to monitor fetal distress, and not performing necessary emergency procedures like a C-section. If your child has injuries and you suspect any of these actions occurred during delivery, consult with a legal expert.
Q: How are birth injuries like Cerebral Palsy and Erb’s Palsy diagnosed?
A: Birth injuries are diagnosed using various methods depending on the symptoms. Physical exams, imaging tests like X-rays, MRIs, and CT scans, as well as hearing, vision, and intellectual tests, detect signs of injury. For conditions like Cerebral Palsy and Erb’s Palsy, diagnosis might include observing the child’s development and motor skills over time.
Q: What steps should I take if I notice symptoms of a birth injury in my child?
A: If you notice symptoms of a birth injury, consult your child’s doctor for a thorough evaluation and diagnosis. Early intervention can help manage symptoms and improve outcomes. If you suspect the injury might be due to malpractice, contact a birth asphyxia attorney in Mobile, Alabama. They can help you understand your legal options and whether you might be eligible for compensation to support your child’s care and treatment.
Remember, each child and situation is unique. Seek personalized advice from medical and legal professionals who can provide guidance based on your specific circumstances.
When dealing with the aftermath of a birth injury, it’s important to understand the legal framework in Huntsville, Alabama. Knowing the parameters of birth injury claims can help you make informed decisions. Here, we discuss the statute of limitations, proving negligence, damage caps, and specific legal nuances in Alabama.
The statute of limitations sets a time limit for filing a birth injury claim. In Alabama, you generally have two years from the date of the injury to file a lawsuit. However, if the injury is not discovered right away, you may have additional time. This is known as the “discovery rule.” Speak with an attorney to understand your specific situation.
To win a birth injury claim, you need to prove that medical negligence occurred. This involves several steps:
Gathering medical records and consulting with experts can help strengthen your case.
Alabama has limitations, or caps, on the amount of damages you can recover in birth injury cases. These caps can apply to different types of damages, such as:
Economic Damages: These cover measurable costs like medical bills and lost wages.
Non-Economic Damages: These cover intangible losses like pain and suffering.
Knowing these caps can help you set realistic expectations for your case.
Alabama has specific legal considerations that may affect your claim. For instance, Alabama follows a contributory negligence rule. If the patient is found to be partly at fault, even by a small percentage, they may not be able to collect any damages. Understanding these nuances will prepare you better for the legal process.
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Get a free consultation to explore your legal options and take the first step towards securing the compensation you deserve.
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