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Birmingham Birth Injury Lawyer

Need a Birth Injury Lawyer in Birmingham, Alabama? Get trusted, compassionate legal support to secure the justice you deserve. Visit us now!

Birth Injury Attorney Lawyer Atlanta Alabama
birth injury attorney
birmingham birth injury lawyer

$100M+ in Settlements

Including record-setting settlements.

Birth Injury Attorney in Birmingham, Alabama

Celebrating the arrival of a new baby should be an occasion filled with happiness and anticipation for families throughout Alabama. Unfortunately, when birth injuries occur due to complications during childbirth, this joy can be overshadowed by unexpected challenges. These injuries can profoundly affect a child’s future and disrupt family well-being. Families grappling with these issues need more than medical help. They need legal experts who are adept at managing the intricacies of a birth injury case and can provide support that addresses both the legal and emotional aspects of such events.

Birth Injury Lawyers Who Are Doctors, Too

At Gershon, Willoughby & Getz, we don’t just see you as another case. We understand the families behind the injuries, fighting to return to normalcy after facing unanticipated difficulties. Our core aim is to be by your side, providing the advice, support, and exceptional legal representation necessary to ensure you are heard, and your rights are fully upheld within the Alabama judicial system.

birth injury attorney atlanta georgia
birmingham birth injury lawyer

$100M+ in Settlements

Including record-setting settlements.

BIG WINS

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

$24
million

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.

$10.8
million

Oregon jury verdict for a baby who suffered with cerebral palsy because the nurse delayed calling the doctor after a uterine rupture.

$7.4
million

Ohio settlement for a brain damaged baby.

$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.

baby's foot with dextrose syringe

WHY CHOOSE US

Understanding Alabama’s Legal Landscape for Birth Injury Cases

When confronting a birth injury case in Alabama, it’s essential to grasp the state’s specific legal boundaries and regulations encompassing medical malpractice and personal injury scenarios. This knowledge is vital for families seeking to hold responsible parties accountable and obtain fair compensation for damages incurred.

Statute of Limitations in Alabama

The statute of limitations is a critical legal aspect to consider in birth injury lawsuits. Alabama law typically provides two years from the date of the injury to file a medical malpractice claim. However, the timeframe may extend when the injured party is a minor, offering a broader window to pursue legal action. Understanding these exceptions is critical, and seeking advice from an experienced legal professional will ensure all rights are upheld.

Establishing Negligence in Birth Injury Claims

To prevail in a birth injury lawsuit in Alabama, one must prove that medical negligence took place. This includes showing evidence that medical providers strayed from the acceptable standards of care, directly causing harm. The expertise of medical specialists often plays a crucial role in establishing these facts, emphasizing the need for strong collaboration between legal and medical experts.

Damage Caps and Restrictions

The framework of Alabama law also dictates limits on the amount of damages that can be claimed in medical malpractice cases, including those involving birth injuries. Being informed about these limitations and their impact on your case is essential for setting realistic compensation goals. A seasoned birth injury lawyer will guide you through these regulations and fight for the maximum allowable settlement under the law.

The Importance of Skilled Legal Advocacy

Given the intricacies in navigating Alabama’s legal structure and medical malpractice statutes, the role of professional legal representation cannot be overstated. An adept birth injury lawyer in Birmingham, Alabama, will effectively manage aspects related to the statute of limitations, organize requisite medical documentation, and develop a strong argument for negligence. Moreover, a lawyer versed in Alabama laws will adeptly address any issues regarding damage limitations, assuring that your family’s legal claim is persuasive and adheres to all state guidelines.

Testimonials

working with a Lawyer Who is a Doctor Too.

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How Gershon, Willoughby & Getz Tackle Birth Injury Cases in Birmingham, Alabama

At Gershon, Willoughby & Getz, we are dedicated to handling birth injury cases with the utmost expertise, empathy, and dedication. Recognizing the profound emotional and physical impact of birth injuries on families, our team applies a detailed and caring approach to handle these sensitive cases.

Thorough Case Assessment

Our process kicks off with an in-depth review of your situation. We analyze medical records, confer with healthcare experts, and collect all necessary evidence to establish a solid foundation for your case. This detailed focus ensures we grasp every aspect of your case and advocate for you effectively.

Unique Medical Insights

Our firm stands out due to our integrated medical and legal knowledge. With doctor-lawyers on our team, we bring unparalleled medical insight to our legal cases. This dual expertise allows us to evaluate medical evidence meticulously, collaborate with top medical professionals, and clearly explain complex medical terms in legal contexts.

Customized Legal Approaches

Each family’s needs differ, and we customize our legal strategies accordingly. Whether you aim to cover medical costs, provide for your child’s future, or seek retribution for negligence, our tailored approach aims to meet your objectives and deliver the best results.

Client-Focused Communication

Understanding the complexity of birth injury cases, we emphasize transparent, open, and compassionate communication with our clients. We ensure you are well-informed and engaged throughout the case, from the initial meeting to its conclusion. We aim to simplify the legal process, reducing stress for you and your loved ones.

Advocacy for Justice and Responsibility

Our primary goal is to achieve justice for your family and ensure accountability from those at fault. We seek comprehensive compensation for medical costs, rehabilitation, and pain and suffering. More than just seeking compensation, we aim to drive changes that enhance patient safety and prevent future birth injuries.

new born baby's foot close up image

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Compensation for Birth Injuries in Birmingham, Alabama: Ensuring Your Child's Future

Navigating the landscape of compensation for birth injuries is a vital step for families aiming to support both the immediate and lifelong needs of their child. In Birmingham, Alabama, our legal team is committed to guiding families through the complexities of the legal process to obtain compensation that genuinely reflects the severity of their child’s injury and its impact on their life.

Types of Compensation in Birth Injury Cases

Compensation for birth injuries generally falls into two categories: economic and non-economic damages, managing different impacts of the injury:

  • Economic Damages: These are tangible costs like past and future medical bills, costs for rehabilitation, necessary equipment, home modifications, and other related expenses important for the child’s daily support and care.
  • Non-Economic Damages: These cover intangible effects such as pain and suffering, diminished enjoyment of life, and the emotional distress suffered by both child and family. In Alabama, there are usually no caps on economic damages, but non-economic damages in medical malpractice cases may face limits. This complexity makes skilled legal guidance crucial.

Securing Comprehensive Compensation

Huntsville’s birth injury lawyers are dedicated to securing comprehensive compensation to relieve financial stress and ensure sustainable support and care:

  • Thorough Assessment of Future Needs: Experts such as medical specialists, life care planners, and economists are consulted to forecast your child’s long-term needs. This helps ensure compensation covers ongoing medical treatment, therapy, educational requirements, and necessary life accommodations.
  • Advocating for Maximum Recovery: With their expertise in both medical and legal fields, these lawyers vigorously fight for the fullest compensation, including handling negotiations with insurance entities and delivering strong arguments in court when needed.
  • Navigating Legal Limitations: With an in-depth knowledge of the legal environment in Alabama, they can adeptly handle any limitations on damages, pushing for the best possible outcome in every scenario.

The Role of Settlements and Verdicts

While many birth injury claims are settled out of court, we are ready to bring cases to trial to ensure a fair resolution for your family. Whether through settlement negotiations or litigation, our primary goal is consistently focused on securing the best possible outcome for your child and your family.

In Birmingham, Alabama, if your family is grappling with the aftermath of a birth injury, it’s crucial to seek experienced legal counsel to ensure your rights and your child’s future are thoroughly protected.

nurse holding baby's head

Finding the Ideal Birth Injury Lawyer in Birmingham, Alabama: A Guide for Families

The path to justice following a birth injury is complicated and emotional. Finding the right legal guide to navigate this journey is critical. In Birmingham, Alabama, where legal and medical landscapes are pretty diverse, the right attorney can greatly influence your case’s outcome and your child’s future.

Key Attributes to Look for in a Birth Injury Lawyer

When you are choosing a birth injury lawyer in Birmingham, Alabama, look for these essential qualities:

  • Medical-Legal Knowledge: Birth injury cases often involve complex medical details. A lawyer who understands both medical and legal issues offers a critical advantage.
  • Experience with Birth Injury Cases: A lawyer’s experience with birth injury cases, especially in Alabama, can show their ability to deal with unique challenges.
  • Compassionate and Client-Centered Service: The best lawyers understand they support a family during a difficult time, not just handling a case. You want someone compassionate, empathetic and focused on personalized service.
  • Proven Track Record: Success in previous birth injury cases, shown by verdicts and settlements, highlights a lawyer’s ability and dedication to their clients.

Questions to Ask Potential Lawyers

To make sure you find the best lawyer for your birth injury case in Birmingham, ask these questions:

  • What experience do you have with birth injury cases similar to ours?
  • How do you handle the medical aspects of these cases? Do you work with medical experts?
  • What strategies do you use for birth injury cases in Birmingham? How do you adjust your approach to meet each family’s needs?
  • Can you provide examples of your successes in representing families in birth injury cases?
  • How do you communicate clearly and empathetically with your clients during the legal process?

Why Choose Gershon, Willoughby & Getz?

Opting for Gershon, Willoughby & Getz means choosing a team with essential legal and medical expertise and a profound commitment to the well-being of families in Alabama. Our team of doctor-lawyers provides an unparalleled grasp of the medical challenges involved, while our compassionate, client-focused strategy prioritizes your family’s needs and objectives. Our successful history in Alabama and other regions is a testament to our commitment to achieving the best outcomes for the families we work with.

OUR ALABAMA LEGAL TEAM

top Birth Injury Attorneys

Dr. Zev Gershon, Esq.

Dr. Zev Gershon, Esq.

Partner

Wayne Willoughby, Esq.

Wayne Willoughby, Esq.

Of Counsel

Dr. Randy Getz, Esq.

Dr. Randy Getz, Esq.

Partner

Questions to Hunstville Birth Injury Lawyers

What is a birth injury in terms of the law?

Legally, a birth injury is the harm a newborn experiences during the birth process caused by medical neglect or mistakes. This includes physical harm like broken bones or nerve injuries, as well as conditions such as cerebral palsy caused by issues during labor and delivery.

How can I tell if my baby’s birth injury was due to medical malpractice?

To confirm medical malpractice, you must show that the healthcare provider deviated from the standard of care expected and that this caused the injury. Signs of malpractice might include unplanned emergency actions during birth, severe distress in the baby, or diagnosis of conditions related to not getting enough oxygen or physical injuries during birth.

What type of compensation might I receive from a birth injury lawsuit?

In birth injury lawsuits, compensation can include costs for medical care (now and in the future), rehabilitation, special education needs, as well as for pain and suffering, and sometimes even punitive damages. The total compensation will depend on the injury’s severity and long-term effects on the child’s life.

How do I begin a birth injury claim?

Starting a birth injury claim involves meeting with a birth injury lawyer who can evaluate your case, discuss whether you likely have a malpractice claim, and explain the next steps. You should bring any medical records and other relevant documents to this meeting.

What qualities should I look for in a birth injury lawyer?

Find a lawyer specializing in birth injury cases with a successful history. The lawyer should also have the necessary resources to manage complex medical cases. Additionally, a suitable lawyer will be empathetic, good at communicating, and able to make legal terms easy for you to understand.

What is the statute of limitations for filing a birth injury claim in Alabama?

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.

How can I tell if my child's injury was due to medical negligence?

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.

What types of compensation can we seek in a birth injury lawsuit?

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.

Will we need to go to court, or can our case be settled out of court?

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.

How does the contingency fee structure work?

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.

Understanding Birth Injuries in Birmingham, Alabama: Types and Impacts.

Welcoming a newborn should be a time of joy for families across Alabama, but the occurrence of birth injuries can overshadow these moments with distress and uncertainty. From Birmingham to Tuscaloosa, the first step to overcoming such challenges is understanding the types and effects of these injuries.

What Constitutes a Birth Injury?

A birth injury is a physical harm that a newborn endures during the process of labor and delivery. These injuries can vary from slight, requiring little medical intervention, to severe, resulting in permanent disabilities. The emotional and economic burdens that come with these injuries are considerable, emphasizing the importance of awareness and support.

Common Types of Birth Injury in Birmingham

Families in Alabama may encounter several common birth injuries, each with distinct challenges:

  • Cerebral Palsy: Cerebral palsy involves a group of conditions that affect movement and muscle coordination. It often arises from a lack of oxygen to the baby’s brain during birth. This can lead to difficulties in walking, clumsiness, and other long-term physical disabilities. Understanding cerebral palsy is crucial for parents who need to seek the right treatments and interventions.
  • Brachial Plexus Injuries: These injuries impact the network of nerves that connect the spine to the arm, hand, and shoulder. They can occur if there’s trouble during delivery, such as shoulder dystocia. Brachial plexus injuries can lead to weakness or loss of movement in the affected arm.
  • Erb’s Palsy: Erb’s Palsy is a specific form of brachial plexus injury. It typically results in weakness or arm paralysis, affecting the infant’s ability to move their arm. Parents of children with Erb’s Palsy may face numerous challenges in helping their child regain movement through physical therapy and other treatments.
  • Hypoxic-Ischemic Encephalopathy (HIE): HIE is a condition marked by brain dysfunction caused by limited blood flow and oxygen to the brain during birth. This serious condition can lead to developmental delays, cerebral palsy, and other lifelong issues. Early diagnosis and interventions are vital in managing the effects of HIE.
  • The Impact of Birth Injuries:

    The consequences of a birth injury extend beyond the immediate physical harm. Families often experience emotional turmoil, significant healthcare costs, and the potential need for lifelong care or special education services. The journey can be overwhelming, yet understanding these impacts is vital in advocating for your child’s rights and improved well-being.

    For any family dealing with the ramifications of a birth injury in Birmingham, Alabama, consulting with a specialized birth injury lawyer can provide the necessary guidance and support. Advocating for your child’s rights and seeking justice can help alleviate some of the burdens by possibly securing compensation for medical expenses, ongoing care, and more.

new born baby with cerebral palsy

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The Significance of Professional Legal Assistance in Birmingham

Dealing with the repercussions of a birth injury can be incredibly challenging and distressing for families. In such times, the importance of having experienced and sympathetic legal assistance cannot be overstated. In Alabama, the complexity of the legal environment mirrors the diversity of its people, making it essential to have a lawyer who thoroughly understands both the medical and legal nuances of birth injury cases.

Navigating Legal and Medical Complexities

Birth injury lawsuits are emotionally draining and involve intricate medical and legal details. It’s crucial to comprehend the expected standard of care during childbirth, recognize deviations from this standard, and connect these deviations to the harm caused. Only a lawyer with a deep knowledge of medical concepts and Alabama law can effectively manage these complexities. They transform medical details into powerful legal arguments.

Dual Expertise: A Winning Combination

At Gershon, Willoughby & Getz, our team’s combined medical and legal expertise significantly benefits our clients. Our attorneys are not just legal professionals but also trained physicians, giving them a unique perspective on medical issues related to birth injuries. This dual knowledge allows us to examine medical records meticulously, engage with top medical experts, and successfully address complex medical issues during legal proceedings. Our clients gain a competitive edge with this approach.

Pursuing Comprehensive Compensation

The effects of a birth injury can touch every part of a child’s and family’s life. Having skilled legal representation is vital to ensure all consequences are considered when claiming compensation. This includes covering current and future medical bills, rehabilitation, extraordinary education expenses, pain and suffering, and sometimes punitive damages. An experienced lawyer will fight for a compensation package that fully caters to the immediate and future needs of the child and their family.

Crafting a Personalized Legal Strategy Ready to take the first step towards securing the justice and compensation your family deserves? Contact us today to schedule a free consultation and discuss your case with our experienced birth injury lawyers.

Each birth injury incident is unique and influenced by specific circumstances, challenges, and effects. A generic approach is insufficient. Professional legal representation involves creating a tailored legal strategy that considers the particular aspects of the case, the child and family’s needs, and the intricacies of Alabama law. Such a personalized strategy ensures that the legal proceedings align well with the family’s objectives and the child’s best interests.

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.