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Including record-setting settlements.
Welcoming a new life into the world is a moment of unparalleled joy for families. However, this joyous occasion can sometimes take an unexpected turn. Birth injuries, resulting from complications during labor and delivery, can deeply affect a child’s life and every aspect of a family’s well-being.
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 unexpected difficulties. Our primary goal is to stand by your side. We provide the advice, support, and exceptional legal representation necessary to ensure you are heard. We make sure your rights are fully upheld within the Alabama judicial system.
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
When dealing with the complex and often heart-wrenching challenges of a birth injury, having expert legal support is invaluable. In Alabama, where the legal terrain can be complex, having an advocate skilled in both medical and legal aspects of birth injury cases is crucial.
Birth injury cases are not only emotionally draining but also involve complicated medical and legal issues. Understanding the expected standard of care during childbirth, identifying when this standard was not met, and connecting it to the injury requires deep knowledge of both medical principles and Alabama’s legal standards. Expert legal representation can navigate these complexities, turning medical facts into compelling legal arguments.
At Gershon, Willoughby & Getz, our team stands out because of our mix of medical and legal expertise. With lawyers who are also trained physicians, we have an unmatched understanding of the medical sides of birth injuries. This dual expertise allows us to review medical records thoroughly, consult with top medical experts, and present detailed medical issues effectively in court, giving our clients a unique advantage.
The effects of a birth injury can be widespread, impacting every aspect of a child’s and family’s life. Expert legal representation makes sure that all these impacts are considered when seeking compensation. This includes current and future medical costs, rehabilitation, special education needs, pain and suffering, and sometimes punitive damages. A skilled attorney will fight for a comprehensive compensation package that covers both immediate and long-term needs of the child and family.
Every birth injury case is unique, with different circumstances, challenges, and impacts. A one-size-fits-all approach doesn’t work. Expert legal representation means creating a personalized legal strategy that considers 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.
In conclusion, navigating the complexities of a birth injury claim in Opelika Alabama requires a thorough understanding of Alabama’s legal framework. Expert legal representation is crucial in advocating for the compensation you deserve and protecting your child’s future.
Testimonials
When dealing with birth injury cases in Opelika, Alabama, having skilled legal representation is essential. An experienced lawyer guides you through complicated legal procedures. They help you understand your rights and the steps needed to file a claim. This support can make a big difference in the outcome of your case.
A unique advantage of having an expert birth injury lawyer is their medical-legal expertise. Some lawyers are also trained medical professionals. This dual expertise allows them to better understand medical records and consult with leading medical experts. They can build a strong case based on detailed medical evidence.
Every birth injury case is unique. A skilled lawyer tailors their approach to your specific situation. They consider your needs and priorities. Whether you aim to secure compensation for medical expenses, ensure future care for your child, or seek justice, a personalized strategy increases your chances of a favorable outcome.
Experienced lawyers work hard to get you the best possible compensation. This includes not just medical expenses but also rehabilitation costs and compensation for pain and suffering. They know how to advocate for the full amount you deserve, ensuring that your family receives the support needed for the future.
Navigating a birth injury case can be overwhelming. Skilled lawyers offer both emotional and practical support. They communicate clearly and keep you informed at every stage. Their goal is to make the legal process as stress-free as possible for you and your family.
Navigating a birth injury claim in Alabama requires understanding state-specific legal parameters. Knowing these laws is crucial for seeking justice and compensation for the harm done.
One of the first factors in any birth injury case is the statute of limitations. In Alabama, you generally have two years from the date of injury to file a medical malpractice claim. However, the rules can differ if the injured person is a minor. These exceptions highlight the importance of consulting with a knowledgeable lawyer to ensure your rights are preserved.
To succeed in a birth injury claim in Alabama, you must prove medical negligence. This means showing that healthcare providers deviated from the accepted standard of care, resulting in injury. Expert testimony, often from medical professionals, is typically required. This underscores the need for legal expertise intertwined with medical knowledge for a strong case.
Alabama has specific rules about the damages recoverable in medical malpractice cases, including birth injury claims. Understanding these caps is crucial for setting realistic expectations. An experienced birth injury lawyer can navigate these legal waters, aiming for maximum compensation within state laws.
Given the complexities of Alabama’s legal framework and medical malpractice law, expert legal representation is indispensable. A skilled lawyer navigates the statute of limitations, gathers essential medical evidence, and constructs a compelling case. They also adeptly handle nuances in damage caps, ensuring your family’s claim is robust and compliant.
At Gershon, Willoughby & Getz, our approach to birth injury cases is rooted in excellence, empathy, and expertise. Understanding the profound impact of a birth injury, we use a comprehensive and compassionate strategy.
Our process begins with a thorough case evaluation. We delve into medical records, consult with experts, and gather necessary evidence. This attention to detail helps us understand your case fully and advocate effectively for you.
What sets our firm apart is our blend of medical and legal expertise. Our team includes doctor-lawyers with deep medical knowledge. This allows us to critically analyze medical evidence and consult expert witnesses. We explain complex medical issues clearly and compellingly in the courtroom.
We recognize that each family’s situation is unique. We tailor our legal strategy to meet your specific needs and goals. Whether you aim to secure compensation for immediate medical costs, ensure long-term care, or seek justice, our approach is designed to achieve the best outcome for you.
Each family’s situation is unique, and so is our approach. We tailor our legal strategy to your specific needs and goals. Whether you seek compensation for medical expenses, future care, or justice, our strategy aligns with your priorities to achieve the best outcome.
Our ultimate aim is to secure justice and accountability. We advocate for the full compensation you deserve, including medical costs, rehabilitation, and pain and suffering. Beyond individual cases, we strive 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 crucial for families seeking to address their child’s immediate and long-term needs. In Opelika, 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.
Compensation in birth injury cases can be broadly split 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. 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 includes 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. This makes expert legal guidance essential.
The team at Gershon, Willoughby & Getz is committed to securing comprehensive compensation. This means addressing immediate financial burdens and ensuring 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. This ensures 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. This includes 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. We ensure that we pursue every available avenue for compensation on your behalf.
While many birth injury cases are resolved through settlements, our firm is fully prepared to go 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.
The journey to justice for a birth injury can be complex and emotional. Choosing the right legal partner is key to navigating this path successfully. In Opelika, 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.
When selecting a birth injury lawyer in Opelika, Alabama, consider these essential qualities:
Medical-Legal Expertise
Birth injury cases often hinge on complex medical issues, so a lawyer with medical knowledge, in addition to legal expertise, can provide a significant advantage.
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, especially within Alabama, offers insights into their ability to navigate these specific challenges.
Compassionate and Client-Centered Approach:
The right lawyer understands that they are not just handling a case but supporting a family through a challenging time. 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.
OUR ALABAMA LEGAL TEAM
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To ensure you choose the right legal partner for your birth injury case in Opelika, 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?
A birth injury means harm to a baby that happens during the birth process. If the harm is due to medical mistakes or negligence, it may be a birth injury case. This can include physical injuries like broken bones or nerve damage. It can also include conditions like cerebral palsy caused by issues during labor and delivery.
To find out if it was medical malpractice, you need to prove that the healthcare provider did not follow the standard level of care. This failure must have directly caused the injury. Look for warning signs like unexpected emergency procedures, severe stress in the baby, or conditions related to oxygen shortage or physical trauma during birth.
Compensation can cover a range of expenses and damages. This includes medical bills, costs for rehabilitation, expenses for special education, and pain and suffering. In some cases, you might also receive punitive damages. The exact amount depends on the injury’s severity and how it affects your child’s life long-term.
The first step is to meet with a birth injury lawyer. Bring any important medical records to this meeting. The lawyer will review your case details, advise you on the chances of proving malpractice, and explain what steps to take next.
Find a lawyer who has experience with birth injury cases and a history of successful outcomes. They should have the resources to handle complicated medical issues. A good lawyer will also be compassionate and explain the legal process clearly.
In Alabama, you generally have two years from the date of the injury to file a lawsuit. However, there are exceptions. It’s important to talk to a lawyer quickly to make sure you don’t miss any deadlines.
Yes, you can still file a claim if the injury is found later. Some birth injuries aren’t obvious right after birth. The timeframe for filing can sometimes be extended if the injury wasn’t immediately known. Discuss your situation with a lawyer to understand your options.
Many birth injury cases are settled out of court. This means you could receive compensation without a trial. However, if a fair settlement isn’t reached, your case may go to trial. Your lawyer will help you understand what to expect and prepare you for either outcome.
The duration of a birth injury lawsuit can vary widely depending on the case’s complexity. Some cases may settle in a few months, while others could take several years to resolve. Your lawyer can give you a more specific timeline based on your case details.
Bring all related medical records, including prenatal, birth, and postnatal records. Also, bring any documentation of medical expenses, diagnoses, and treatments. This information will help the lawyer assess your case more effectively.
Birth injuries can shatter the joyous moment of welcoming a new baby, leaving families with numerous questions and concerns. In Opelika, Alabama, understanding the nature and effects of birth injuries is key to finding healing and justice.
A birth injury happens when a newborn gets hurt during labor and delivery. These injuries can be minor, needing little treatment, or severe, resulting in lifelong disabilities. The emotional and financial burden on families can be enormous. Knowledge and support are essential.
Families in Opelika, Alabama should know about several common birth injuries. Each one presents its own challenges:
Cerebral Palsy
Cerebral Palsy is a group of disorders that affect movement, muscle tone, and posture. It often occurs due to a lack of oxygen during birth. This injury can mean that a child might have difficulty walking, speaking, or performing daily activities. Families may face high medical expenses and emotional distress. Seeking compensation can help cover the costs and support the child’s future.
Erb’s Palsy
Erb’s Palsy is a type of brachial plexus injury. It can cause weakness or paralysis in the arm. This injury usually happens when the baby’s shoulder gets stuck during delivery. Erb’s Palsy can lead to a lifelong disability, requiring therapy and sometimes surgery. Fighting for compensation can help cover the treatment and ensure the child’s well-being.
Hypoxic-Ischemic Encephalopathy (HIE)
Hypoxic-Ischemic Encephalopathy (HIE) is a brain disorder caused by a reduced blood flow and oxygen to the brain during birth. This condition can lead to developmental delays, intellectual disabilities, and physical impairments. The cost of care can be overwhelming. Pursuing compensation can provide financial relief and help secure the child’s future.
Neonatal Stroke
A neonatal stroke occurs when there is a disturbance in the blood supply to a newborn’s brain. This can result in brain damage and lead to issues such as seizure disorders, cerebral palsy, and developmental delays. Neonatal strokes are serious and can impact a child’s entire life. Getting legal help can ensure the family receives the financial support they need for the child’s ongoing medical care.
The effects of a birth injury go beyond the immediate physical harm to the child. Families may face emotional distress and financial stress due to medical bills. They might also need long-term care or special education services for their child. Understanding these challenges is the first step in advocating for the child’s rights and well-being.
Q: What symptoms might indicate my child has suffered a birth injury?
A. Symptoms of birth injuries can vary with age. For infants up to 24 months old, watch for delays in speech, motor skills issues, lack of muscle control, and vision or hearing problems. As children grow, you might notice difficulties with fine motor skills, cognitive delays, and trouble meeting developmental milestones. It’s crucial to monitor your child’s growth and see a healthcare provider if anything seems off.
Q: What are some specific signs of malpractice that might have contributed to a birth injury?
A. Malpractice signs 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 took place during delivery, consult with a legal expert.
Q: How are birth injuries like Cerebral Palsy and Erb’s Palsy diagnosed?
A.These injuries are diagnosed through 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 can 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 with your child’s doctor for a thorough evaluation. Early intervention is important for managing symptoms and improving outcomes. If you suspect malpractice, contact a birth injury lawyer in Opelika, Alabama. They can help you understand your legal options and whether you might be eligible for compensation.
Remember, each child and situation is unique. Seek personalized advice from medical and legal professionals who can guide you based on your specific circumstances.
In Opelika Alabama, like the rest of Alabama, there are strict time limits for filing a birth injury claim. Typically, you must file a lawsuit within two years from the date the injury occurred. However, when the injury is not immediately discovered, the deadline can extend up to six months from the date the injury was discovered or should have been discovered. Importantly, this extended period should not exceed four years from the date of the injury. Knowing these time frames is critical. Missing these deadlines could mean you lose the right to seek compensation.
To succeed in a birth injury claim, you need to prove medical negligence. This involves showing that the healthcare provider failed to meet the standard of care expected during childbirth. You also need to link this failure directly to the injury your child suffered. This process often requires expert testimony from medical professionals who can explain what the standard of care should have been and how the deviation caused the injury. Gathering solid evidence and constructing a clear, persuasive case is essential.
Alabama has specific rules about how much you can recover in damages for birth injury claims. There are no caps on economic damages like medical bills or future care costs. However, there are caps on non-economic damages, such as pain and suffering. Alabama limits non-economic damages to $400,000. Knowing these limits helps manage expectations and strategize for the best possible compensation package.
There are other legal considerations in Alabama that could affect your case. For example, Alabama follows a doctrine known as “contributory negligence.” If the court finds that the plaintiff (the injured party) is even slightly responsible for the injury, it can bar recovery completely. Understanding these nuances is crucial in strategizing and presenting your case effectively.
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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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