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Marietta Birth Injury Lawyer

Need justice for a birth injury in Marietta? Contact a top birth injury lawyer in Marietta today for expert legal help and compensation.

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$100M+ in Settlements

Including record-setting settlements.

Birth Injury Advocacy In Marietta, Georgia

Welcoming a new life into the world is a moment of unparalleled joy and expectation for families in Georgia. However, this joyous occasion can sometimes take an unexpected turn. Birth injuries can result from complications during labor and delivery. These injuries can profoundly affect a child’s life and family well-being.

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. We know you are fighting to return to normalcy after facing unexpected difficulties. Our core aim is to be by your side. We provide advice, support, and exceptional legal representation. We ensure you are heard and your rights are upheld within the Georgia judicial system.

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birmingham birth injury lawyer

$100M+ in Settlements

Including record-setting settlements.


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


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.

baby's foot with dextrose syringe


Marietta's Legal Framework for Birth Injury Claims

Statute of Limitations in Marietta

One of the first things to consider in a birth injury case is the statute of limitations. In Marietta, you generally have two years from the date of the injury to file a medical malpractice claim. However, the rules can vary if the injured party is a minor. Sometimes, the timeframe to initiate legal action is extended. Consulting with a knowledgeable lawyer ensures your rights and deadlines are preserved.

Proving Negligence in Birth Injury Cases

To win a birth injury claim in Marietta, you need to prove medical negligence. This means showing that healthcare providers failed to meet the accepted standard of care. This failure must directly result in the injury. Expert testimony from medical professionals is often required. This evidence is crucial in establishing negligence. A lawyer with medical expertise can help gather and present this evidence.

Damage Caps and Limitations

Marietta’s legal framework includes specific rules about the damages that can be recovered in medical malpractice cases, including birth injury claims. Understanding these caps is essential for setting realistic compensation expectations. An experienced birth injury lawyer can navigate these rules effectively. They advocate for the maximum compensation allowed under state laws.

The Role of Expert Legal Representation

Given the complexities of Marietta’s legal framework and the intricacies of medical malpractice law, expert legal representation is vital. A skilled birth injury lawyer can handle everything, from navigating the statute of limitations to gathering medical evidence. They can build a compelling case for negligence. An attorney well-versed in Marietta’s laws understands the nuances of damage caps and limitations. They ensure your family’s claim is strong and follows all legal requirements.

In conclusion, hiring a skilled birth injury lawyer in Marietta is essential. They offer expert legal guidance, medical-legal expertise, personalized strategies, and comprehensive compensation. Moreover, they provide the support families need during emotional and challenging times. Understanding Marietta’s legal framework for birth injury claims ensures you are better prepared to seek justice and compensation.


working with a Lawyer Who is a Doctor Too.

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How Gershon, Willoughby & Getz Approach Birth Injury Cases In Marietta

At Gershon, Willoughby & Getz, our approach to birth injury cases in Marietta is rooted in our dedication to excellence, empathy, and expertise. We know a birth injury can deeply affect a family, so we use a thorough and caring plan to manage these sensitive cases.

Comprehensive Case Evaluation

We start by reviewing your case in detail. We examine medical records, speak with medical experts, and collect all necessary evidence. This careful process helps us understand the details of your case, enabling us to advocate for you effectively.

Expert Medical Insight

What makes our firm special is our mix of medical and legal knowledge. Our team includes doctor-lawyers who bring unmatched medical insight to each case. This allows us to review medical evidence closely, consult leading medical experts, and explain complex medical issues clearly to a legal audience.

Personalized Legal Strategy

We know every family’s situation is different. So, we create a legal plan that fits your specific needs and goals. Whether you want compensation for medical bills, future care for your child, or justice for wrongful actions, our strategy aims to achieve the best outcome based on your priorities.

Client-Centered Communication

Dealing with a birth injury case can be stressful. We focus on clear, open, and caring communication with our clients. We keep you informed and involved at every stage, from the first meeting to the end of your case. We aim to make the legal process as simple and stress-free as possible for you and your family.

Pursuing Justice and Accountability

Our primary goal in every birth injury case is to get justice for your family and hold the responsible parties accountable. We fight to secure full compensation for you, including medical expenses, rehab costs, and pain and suffering. Beyond that, we aim to create change that improves patient safety and prevents future birth injuries.

new born baby's foot close up image

Compensation For Birth Injuries in Marietta: Securing Your Child's Future

Understanding the types of compensation available in birth injury cases is essential for families to meet both the immediate and long-term needs of their children. In Marietta, Gershon, Willoughby & Getz is committed to helping families navigate the legal system. We work to secure compensation that matches the full extent of the child’s injury and its impact on their life.

Types of Compensation in Birth Injury Cases

Compensation in birth injury cases can be divided into two main types: economic and non-economic damages. Both address different impacts of the injury.

  • Economic Damages: These are measurable costs related to the injury. They include past and future medical expenses, rehabilitation costs, specialized equipment, home modifications, and other expenses for the child’s care and well-being.
  • Non-Economic Damages: These damages cover less tangible impacts of the injury. They include pain and suffering, loss of enjoyment of life, and emotional distress for the child and family. In Marietta, economic damages usually have no caps. However, non-economic damages in medical malpractice cases may have limits. Expert legal guidance is important to understand these aspects.

Securing Comprehensive Compensation

At Gershon, Willoughby & Getz, we aim to secure comprehensive compensation for immediate and long-term support. This involves:

  • Thorough Assessment of Future Needs: We work with medical experts, life care planners, and economists to estimate your child’s future needs. This way, compensation includes ongoing medical care, therapy, educational needs, and necessary accommodations for their lifetime.
  • Advocating for Maximum Recovery: Using our medical-legal expertise, we strongly advocate for maximum compensation. This includes negotiating with insurance companies and presenting compelling arguments in court when needed.
  • Navigating Legal Limitations: Our deep understanding of Marietta’s legal landscape helps us navigate any limitations on damages. We pursue every available avenue for compensation on your behalf

The Role of Settlements and Verdicts

Many birth injury cases are settled outside of court. However, our firm is prepared to take cases to trial to secure a fair outcome for your family. Through settlement negotiations or courtroom advocacy, we always focus on achieving the best possible result for your child and family.

Choosing the Right Birth Injury Lawyer in Marietta: A Family's Guide

The journey to justice after a birth injury is often complex and emotional. Finding the right lawyer is crucial for success. With its unique legal and medical landscape in Marietta, a skilled lawyer can significantly impact the outcome of your case and your child’s future.

Essential Qualities in a Birth Injury Lawyer

When looking for a birth injury lawyer in Marietta, consider these essential qualities:

  • Medical-Legal Expertise:
    Birth injury cases often involve intricate medical issues, and a lawyer with medical knowledge and legal expertise can be a significant advantage.
  • Experience in Birth Injury Cases:
    Experience in handling birth injury cases, especially in Marietta, shows a lawyer’s ability to navigate the specific challenges of these cases.
  • Compassionate and Client-Centered Approach:
    A good lawyer understands they are supporting a family through difficult times, not just handling a case. Compassion, empathy, and personalized attention are crucial.
  • Track Record of Success:
    A history of successful outcomes in birth injury cases, including verdicts and settlements, reflects a lawyer’s capability and commitment to their clients.

Questions to Ask When Selecting a Lawyer

To find the right legal partner for your birth injury case in Marietta, consider asking these questions:

  • Can you explain your experience with birth injury cases similar to ours?
  • How do you handle 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 Marietta, and how do you tailor your approach to each family’s needs?
  • Can you provide examples of your success in representing families in birth injury cases?
  • How do you maintain open and empathetic communication with your clients throughout the legal process?

The Gershon, Willoughby & Getz Difference

Choosing Gershon, Willoughby & Getz means selecting a team with the necessary legal and medical expertise. Our unique team of doctor-lawyers offers an unmatched understanding of medical issues, ensuring we keep your family’s needs and goals at the forefront of our strategy. Our compassionate, client-centered approach and track record in Marietta and beyond demonstrate our dedication to securing the best possible outcomes for the families we represent.


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.


Questions to Marietta Birth Injury Lawyers

What is a birth injury in legal terms?

A birth injury, in legal terms, refers to harm that happens to a baby during birth due to medical negligence or mistakes. This can include physical injuries like broken bones or nerve damage. It can also include conditions like cerebral palsy caused by problems during labor and delivery.

How do I know if my child's birth injury was due to medical malpractice?

To prove medical malpractice, you need to show that the healthcare provider did not meet the standard of care and that this caused the injury. Signs might include sudden emergency procedures during birth, severe distress in the newborn, or conditions linked to lack of oxygen or physical trauma during birth.

What kind of compensation can I expect from a birth injury lawsuit?

Compensation in birth injury cases can cover medical bills, rehabilitation costs, special education needs, pain and suffering, and sometimes extra damages to punish wrongdoing. The exact amount depends on the case specifics, like how severe the injury is and its long-term effects.

How do I start filing a birth injury claim?

Schedule a consultation with a birth injury lawyer. They will review your case, advise you on the chances of proving malpractice, and explain the next steps. Bring any medical records or documents you have to this meeting to help them evaluate your case.

What should I look for in a birth injury lawyer?

Look for a lawyer with experience with birth injury cases and a history of successful outcomes. Make sure they have the resources to handle complex medical cases. A good lawyer will also be compassionate, communicative, and able to explain the legal process clearly.

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

The statute of limitations for birth injury claims can vary. In Georgia, you generally have two years from when the injury is discovered or should have been discovered. It’s crucial to consult with a lawyer as soon as possible to ensure you get this deadline.

How long does a birth injury lawsuit take to resolve?

The duration of a birth injury lawsuit can vary widely. It may take several months to a few years, depending on the case’s complexity, the parties’ willingness to settle, and the court’s schedule. Your lawyer can give you a better estimate once they understand the details of your case.

Will my case go to trial, or can it be settled out of court?

Many birth injury cases are settled out of court. However, your lawyer should be prepared to take the case to trial if a fair settlement isn’t offered. Your lawyer will guide you through either process and work to achieve the best possible outcome for your family.

What documents do I need for a birth injury lawsuit?

Key documents include medical records of the mother and baby, records of any treatments or surgeries, and expert opinions related to the injury. Bring any other relevant documentation that might help prove your case. Your lawyer will tell you exactly which documents are needed.

Can a birth injury lawyer help with long-term care plans for my child?

A birth injury lawyer can help you secure compensation for long-term care needs. This includes future medical expenses, rehabilitation, special education, and other services your child may need. They will work to ensure that your child’s long-term well-being is accounted for.

Understanding Birth Injuries in MARIETTA: Types and Impacts.

Birth injuries can change the joy of welcoming a new baby into a time of worry and questions. In Marietta, understanding these birth injuries can help families find healing and justice.

What Is a Birth Injury?

A birth injury happens when a newborn gets hurt during labor or delivery. These injuries can be mild, needing little treatment, or severe, leading to lifelong problems. Families may face emotional pain and financial stress. Knowing about these injuries and getting support is crucial.

Common Types of Birth Injuries

Families in Marietta need to know about several common birth injuries. Each type has its challenges.

  • Cerebral Palsy: Cerebral Palsy is a group of disorders that affect movement, muscle tone, and posture. It can occur when the baby’s brain lacks oxygen during birth. This injury often requires extensive medical care. Children with Cerebral Palsy may need physical therapy and special education services. Families might want to seek compensation to cover these costs.
  • Erb’s Palsy: Erb’s Palsy is a type of brachial plexus injury that affects the network of nerves that send signals from the spine to the shoulder, arm, and hand. It often results from shoulder dystocia during delivery, which can lead to weakness or paralysis in the arm. Children may need physical therapy or surgery. Compensation can help cover these expenses.
  • Hypoxic Ischemic Encephalopathy (HIE): HIE happens when the brain does not get enough blood and oxygen during birth. This can cause brain damage. The child might have developmental delays, physical disabilities, or learning difficulties. Long-term care is often necessary. Seeking compensation can help with medical bills and therapy costs.
  • Neonatal Stroke: A neonatal stroke occurs when there is a blockage or bleeding in the baby’s brain during or shortly after birth. This can lead to physical and mental challenges as the child grows. Early intervention can improve outcomes. Compensation can assist in covering the costs of ongoing care and therapy.
  • The Impact of Birth Injuries: Birth injuries affect more than just the child’s physical health. Families may face emotional stress and financial strain due to medical bills. They may need to arrange long-term care or special education services. Understanding and addressing these challenges is the first step in protecting your child’s rights and well-being.

Q&A on Symptoms and Malpractice Related to Birth Injuries

What symptoms might indicate my child has suffered a birth injury?

Symptoms can vary based on the child’s age. For infants up to 24 months, look for delays in speech, trouble with motor skills like walking or crawling, lack of muscle control, and vision or hearing problems. For older children, symptoms might include challenges with fine motor skills, cognitive delays, and not meeting typical developmental milestones. Keep a close eye on your child’s growth and consult a doctor if you notice any concerning signs.

What symptoms might indicate my child has suffered a birth injury?

Signs of malpractice include improper use of tools like forceps or vacuum extractors, using too much force during delivery, delayed delivery, failure to monitor fetal distress, and not performing emergency procedures like a C-section when needed. If your child has suffered injuries and you suspect malpractice, consulting a birth injury lawyer in Marietta can be helpful.

How are birth injuries like Cerebral Palsy and Erb's Palsy diagnosed?

Birth injuries are diagnosed in many ways based on symptoms. Doctors use physical exams, imaging tests like X-rays, MRIs, CT scans, hearing vision, and intellectual tests. For conditions like Cerebral Palsy and Erb’s Palsy, which involve nerve damage and muscle control issues, the diagnosis might include watching the child’s development and motor skills over time.

What steps should I take if I notice symptoms of a birth injury in my child?

If you notice symptoms that could be a birth injury, consult your child’s doctor for a full 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 injury lawyer in Marietta to understand your legal options. You might be eligible for compensation to support your child’s care and treatment.

Remember, each child and case is unique. Seek personalized advice from medical and legal professionals who can guide you based on your situation.

a baby with red rash on its head

The Importance of Expert Legal Representation in Marietta

Navigating the Legal Complexities

Having knowledgeable legal representation is invaluable when dealing with the challenges of a birth injury. The legal landscape in Georgia can be complex. Birth injury cases involve understanding medical standards, identifying deviations, and linking them to the injury. Expert legal representation can help navigate these complexities and convert medical facts into solid legal arguments.

The Dual Expertise Advantage

At Gershon, Willoughby & Getz, our team has a unique medical and legal expertise blend. Our attorneys are also trained physicians. This dual expertise allows us to examine medical records thoroughly, consult with leading experts, and present medical issues clearly in court. Our combined knowledge gives clients a distinct advantage in their cases.

Advocating for Full Compensation

Birth injuries can have long-term effects on both the child and the family. Expert legal representation ensures all aspects of these impacts are considered. This includes medical expenses, rehabilitation costs, special education needs, pain and suffering, and sometimes punitive damages. A skilled attorney can advocate for comprehensive compensation that addresses immediate and future needs.

Personalized Legal Strategy

Each birth injury case is unique and requires a personalized legal strategy—more than a one-size-fits-all approach. Expert legal representation involves crafting a strategy that considers the specifics of the case, the child and family’s needs, and Georgia law nuances. This tailored approach ensures that the legal actions align with the family’s goals and best interests.

Understanding the legal framework for birth injury claims in Huntsville and securing expert legal representation can make a significant difference. It ensures families have the support they need to navigate these challenging situations.


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The Critical Role of Skilled Legal Help in Marietta

The Importance of Skilled Legal Representation in Birth Injury Cases

  • Expert Legal Guidance
    Navigating a birth injury claim in Marietta can be complex. Hiring experienced legal counsel is crucial. Skilled lawyers understand the intricacies of birth injury cases. They know how to interpret medical records and understand the law. Having a knowledgeable lawyer can make a big difference in the outcome of your case.
  • Medical-Legal Expertise
    A unique advantage of some birth injury lawyers is their medical background. Some lawyers have medical training or work with medical experts. This medical-legal expertise is invaluable. It helps in accurately assessing the injury and establishing fault. Lawyers with medical knowledge can better explain medical conditions to the court, strengthening your case.
  • Personalized Legal Strategy
    Each birth injury case is unique. Skilled lawyers provide a personalized approach. They tailor their strategies to fit the specific details of your case. This individualized strategy increases the chances of a favorable outcome. Customized attention means your lawyer will consider all factors, from the type of injury to the emotional impact on the family.
  • Comprehensive Compensation
    Experienced birth injury lawyers aim for comprehensive compensation. This includes medical expenses, pain and suffering, and future care costs. Lawyers with a deep understanding of birth injury cases fight for maximum compensation. They know how to calculate and argue for the full extent of the damages you deserve.
  • Client Support
    Facing a birth injury case can be emotionally draining. Skilled lawyers provide not just legal support but also emotional and practical help. They guide families through the legal process and offer reassurance, which can be invaluable during such a challenging time.

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.