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Roswell Birth Injury Lawyer

Need a Birth Injury Lawyer in Roswell? Visit us for expert legal support and ensure justice for your family.

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

$100M+ in Settlements

Including record-setting settlements.

Birth Injury Advocacy In Roswell

Welcoming a new life into the world is a moment of joy and expectation for families in Roswell. However, this joyous event can sometimes turn into an unexpected challenge. Birth injuries can occur from complications during labor and delivery. These injuries can seriously affect a child’s life and ripple through the entire family’s well-being.

Birth Injury Lawyers Who Are Doctors, Too

We don’t see you as another case at Gershon, Willoughby & Getz. We recognize the families behind the injuries, striving to return to normal after facing unexpected difficulties. Our main goal is to stand by your side. We provide the advice, support, and exceptional legal representation to ensure you are heard, and your rights are fully upheld within the Roswell legal system.

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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.

WHY CHOOSE US

Understanding Georgia's Legal Framework for Birth Injury claims

Navigating a birth injury claim in Georgia requires understanding specific legal parameters and statutes. Knowing these laws is essential for families seeking justice and compensation.

Statute of Limitations in Georgia

The statute of limitations is one of the first legal aspects to consider in any birth injury case. In Georgia, you generally have two years from the date of injury to file a medical malpractice claim. The rules can differ for minors, possibly allowing for more time to take legal action. These nuances highlight the importance of consulting with a skilled birth injury lawyer in Roswell to protect your rights.

Proving Negligence in Birth Injury Cases

To win a birth injury claim in Georgia, you must prove medical negligence occurred. This means showing that healthcare providers did not meet the accepted standard of care and that this failure directly caused the injury. Expert testimony from medical professionals is often needed to establish these points. This requirement illustrates the critical role of legal and medical expertise in these cases.

Damage Caps and Limitations

Georgia’s legal framework includes specific rules about the damages recoverable in medical malpractice cases, including birth injury claims. Understanding these limits is essential for setting realistic expectations for compensation. A seasoned birth injury lawyer can guide you through these legal complexities and fight for the maximum compensation allowed under state laws.

The Role of Expert Legal Representation

Due to the complexities of Georgia’s legal framework and medical malpractice law, expert legal representation is indispensable. A skilled birth injury lawyer in Roswell will navigate the statute of limitations, gather necessary medical evidence, and build a strong negligence case. They will also handle the nuances of damage caps and limitations to ensure your family’s claim is robust and complies with state laws.

By understanding the intricate legal landscape and employing skilled legal counsel, families in Roswell can better navigate the challenging journey of seeking justice and compensation for birth injuries.

Testimonials

working with a Lawyer Who is a Doctor Too.

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

At Gershon, Willoughby & Getz, our approach to birth injury cases is defined by our commitment to excellence, empathy, and expertise. We know how deeply a birth injury can affect a family, so we use a thorough and compassionate strategy to handle these cases.

Comprehensive Case Evaluation

Our process starts with a detailed evaluation of your case. We review medical records, speak with medical experts, and gather all the necessary evidence. This careful attention to detail helps us fully understand your case so we can advocate for you effectively.

Expert Medical Insight

What makes our firm unique is our mix of medical and legal knowledge. Our team of doctor-lawyers brings deep medical understanding to each case. This skill helps us analyze medical evidence, consult leading medical experts, and explain complex medical issues clearly to a legal audience.

Personalized Legal Strategy

We know that every family’s situation is unique. We tailor our legal strategy to meet your specific needs and goals. Whether you want to secure compensation for medical bills, future care for your child, or justice for wrongful actions, our strategy aims to achieve your priorities and the best outcome.

Client-Centered Communication

Handling a birth injury case can be overwhelming. We focus on clear, open, and empathetic communication with our clients. We keep you informed and involved at every step, from the first consultation to the end of your case. We aim to make the legal process as easy and straightforward as possible for you and your family.

Pursuing Justice and Accountability

In every birth injury case, we aim to get justice for your family and hold the responsible parties accountable. We work hard to get the total compensation you deserve, including medical expenses, rehabilitation, and pain and suffering costs. Beyond individual compensation, we aim to make changes that improve patient safety and prevent future birth injuries.

In Roswell, Gershon, Willoughby & Getz stand ready to help families navigate the complexities of birth injury cases with compassion and expertise.

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Compensation for Birth Injuries in Roswell: Securing Your Child's Future

Understanding the types of compensation available in birth injury cases is crucial for families aiming to address their children’s immediate and long-term needs. In Roswell, Birth Injury Lawyer Roswell is committed to helping families navigate the legal system. Our goal is to secure compensation that reflects the full extent of your child’s injury and its impact on their life.

Types of Compensation in Birth Injury Cases

Compensation in birth injury cases falls into two main categories: economic and non-economic damages. Each type addresses different aspects of the injury’s impact:

  • 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 necessary expenses for the child’s care and well-being.

  • Non-Economic Damages: These damages cover the less tangible effects of the injury. This can include pain and suffering, loss of enjoyment of life, and emotional distress experienced by the child and family. In Roswell, while economic damages generally have no caps, non-economic damages in medical malpractice cases may have limitations. Expert legal guidance is essential to navigate these complexities.

Securing Comprehensive Compensation

Our team at Birth Injury Lawyer Roswell is dedicated to securing comprehensive compensation. We aim to address immediate financial burdens and ensure long-term support and care. This involves:

  • Thorough Assessment of Future Needs: 
    We collaborate with medical experts, life care planners, and economists. Together, we project your child’s future needs to ensure the compensation covers ongoing medical care, therapy, educational needs, and any necessary accommodations for their lifetime.
  • Advocating for Maximum Recovery:
    Using our medical-legal expertise, we advocate robustly for maximum compensation. This includes negotiating with insurance companies and presenting strong arguments in court if necessary.
  • Navigating Legal Limitations: Our deep understanding of Roswell’s legal landscape helps us effectively 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 resolved through settlements. However, our firm is fully prepared to take cases to trial if it means securing a fair outcome for your family. Whether through settlement negotiations or courtroom advocacy, we always focus on achieving the best possible result for your child and family.

nurse holding baby's head

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

The journey to justice for a birth injury can be complex and emotional. Choosing the right legal partner is essential to navigating this path successfully. In Roswell, where the legal and medical landscapes are diverse, the right lawyer can make a significant difference in the outcome of your case and your child’s future.

Essential Qualities in a Birth Injury Lawyer

When selecting a birth injury lawyer in Roswell, consider these essential qualities:

  • Medical-Legal Expertise: Given the intricate nature of birth injury cases, which often 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, particularly within Roswell, offers insights into their ability to navigate these cases’ specific challenges.
  • Compassionate and Client-Centered Approach: The right lawyer understands that they’re not just handling a case but supporting a family through one of their most challenging times. 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.

Questions to Ask When Selecting a Lawyer

To ensure you choose the right legal partner for your birth injury case in Roswell, 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 Roswell, 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?

The Gershon, Willoughby & Getz Different

Choosing Gershon, Willoughby & Getz means selecting a team that possesses the requisite legal and medical expertise and embodies a deep commitment to the well-being of Roswell families. Our unique blend of doctor-lawyers ensures an unmatched understanding of the medical issues at play. At the same time, our compassionate, client-centered approach keeps your family’s needs and goals at the forefront of our strategy. Our track record in Roswell and beyond reflects our dedication to securing the best possible outcomes for the families we represent.

OUR GEORGIA 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 About Birth Injury Lawyers in Roswell

What is considered a birth injury legally?

A birth injury legally refers to harm that happens to a baby during birth because of medical mistakes or negligence. This includes physical injuries like broken bones or nerve damage. It can also involve conditions like cerebral palsy caused by complications during labor and delivery.

How can I tell if my child's birth injury was caused by medical malpractice?

To know if medical malpractice occurred, you must prove the healthcare provider didn’t follow the accepted standard of care. This mistake has to be the cause of the injury. Signs to look for include emergency procedures during delivery, severe distress in the infant, or a diagnosis of conditions related to lack of oxygen or physical trauma during birth.

What compensation can I get from a birth injury lawsuit?

Compensation can cover past and future medical expenses. It may include rehabilitation costs, special education needs, and pain and suffering. Sometimes, punitive damages are awarded. The exact amount depends on how severe the injury is and how it will affect the child’s long-term life.

How do I start filing a birth injury claim?

First, consult a birth injury lawyer. They will review the details of your case, tell you if proving malpractice is likely, and explain the next steps. Bring any medical records or documents to this meeting to help the lawyer evaluate your case.

What should I look for in a birth injury lawyer?

Look for a lawyer with specific experience in birth injury cases and a history of successful outcomes. They should have the resources to handle complex medical litigation. They must also be compassionate, communicate well, and explain the legal process clearly.

How long must I file a birth injury lawsuit?

Each state has a time limit called a statute of limitations for filing birth injury lawsuits. In Georgia, you generally have two years from the date of the injury. However, some exceptions might extend this time frame. Consulting a lawyer quickly ensures you get all deadlines.

Can I file a claim if the birth injury happened a few years ago?

In some cases, yes. While there are time limits, certain circumstances can allow for exceptions. For example, if the injury wasn’t detected immediately, the clock might start from its discovery date. A birth injury lawyer can help you understand these rules.

What evidence is needed for a birth injury case?

Strong evidence is crucial for these cases. This includes medical records of the mother and child, expert opinions, witness statements, and any documentation showing deviation from standard medical practices. Your lawyer will guide you on gathering and presenting this evidence.

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

Many birth injury cases are settled out of court. Settlements can be quicker and less stressful for families. However, if a fair agreement can’t be reached, your case may go to trial. An experienced lawyer will prepare for both options to seek the best outcome for you.

 

How much does it cost to hire a birth injury lawyer?

Many birth injury lawyers work on a contingency fee basis. This means you don’t pay anything upfront. The lawyer only gets paid if you win the case. Their fee is usually a percentage of the compensation awarded. Always check and understand the fee agreement before proceeding.

Understanding Birth Injuries in Roswell: Types and Impacts.

Welcoming a new family member should be a joyous event. However, birth injuries can turn this happiness into worry and concern. Understanding birth injuries is the first step toward healing and seeking justice, especially for families in Roswell.

What is a Birth Injury?

A birth injury happens when a newborn suffers physical harm during labor and delivery. These injuries can vary. Some are mild and need little treatment, but others are severe and can cause lifelong problems. The impact on families can be huge, both emotionally and financially. It’s important to know about birth injuries and get the proper support.

Common Types of Birth Injuries in Roswell

Several common birth injuries can affect families in Roswell. Each type has unique challenges:

  • Cerebral Palsy: Cerebral Palsy is a group of disorders that affect movement, muscle tone, and posture. It is usually caused by a lack of oxygen during birth. Children with Cerebral Palsy might have difficulty with coordination and muscle control. This condition can significantly impact their daily lives. Seeking compensation can help cover medical treatments and therapies.
  • Erb’s Palsy: Erb’s Palsy is a specific type of brachial plexus injury that affects the nerves around the shoulder. It can happen if there’s too much pulling on the baby’s head and neck during delivery. A child with Erb’s Palsy may experience weakness or even paralysis in the arm. Getting compensation can assist in paying for the child’s medical care and physical therapy.
  • Hypoxic Ischemic Encephalopathy (HIE):
    HIE occurs when a baby’s brain doesn’t get enough oxygen and blood during birth. This lack of oxygen can cause brain damage. Children with HIE may face developmental delays, motor skill problems, and other disabilities. Understanding the severity of HIE can help families seek the compensation they deserve for ongoing care and support.
  • Neonatal Stroke:
    A neonatal stroke happens when a newborn has a stroke within the first 28 days of life. This can be because of a blood clot or a bleeding brain vessel. The effects of a neonatal stroke can vary but may include seizures, developmental delays, and motor skill issues. Compensation can be vital in covering future medical expenses and special educational needs.

Q&A on Symptoms and Malpractice Related to Birth Injuries

Symptoms of Birth Injuries

Q: What are some specific signs of malpractice that might have contributed to a birth injury?

A: Malpractice signs include the improper use of delivery tools like forceps or vacuum extractors, excessive force during delivery, delaying the delivery, and failing to monitor fetal distress. Another indicator is not performing necessary emergency procedures, such as a C-section. If you suspect malpractice, consulting a legal expert is crucial.

Diagnosing Birth Injuries

Q: How are birth injuries like Cerebral Palsy and Erb’s Palsy diagnosed?

A: Birth injuries are diagnosed using different methods based on the symptoms. Doctors use physical exams, X-rays, MRIs, and CT scans to detect injuries. Tests for hearing, vision, and intellectual development are also standard. Observing the child’s growth and motor skills over time helps in the diagnosis for conditions like Cerebral Palsy and Erb’s Palsy.

Steps to Take if You Notice Symptoms

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

A: First, consult your child’s doctor for a thorough evaluation and diagnosis. Early intervention is crucial for managing symptoms and improving outcomes. If you suspect that malpractice caused the injury, contacting a birth injury lawyer can help you understand your legal options. A lawyer can help determine if you can get compensation to support your child’s care.

Each child and situation is unique. Seek advice from medical and legal professionals to get guidance tailored to your specific circumstances. If you need a [Birth Injury Lawyer Roswell](#), seek support and advice.

new born baby with cerebral palsy

Understanding the Legal Framework for Birth Injury Claims in Roswell

Statute of Limitations

In Roswell, time limits for filing a birth injury claim are critical to understand. The law sets a deadline to ensure cases are handled promptly. Generally, you have two years from the date of the injury to file a claim. However, if the injury is not immediately discovered, the clock starts ticking once the injury is identified. This makes it essential to act quickly to protect your rights.

Proving Negligence

Establishing medical negligence in a birth injury case involves several steps. You must show that the medical provider did not meet the standard of care expected during childbirth. This means proving what the correct procedures were and how the provider failed to follow them. Next, you must link this failure directly to the injury. Gathering all necessary evidence and expert testimony can be complex but is crucial for building a solid case.

Damage Caps

Roswell places limitations on the amount of recoverable damages in birth injury cases. These caps can limit non-economic damages like pain and suffering. Economic damages, such as medical expenses and lost income, typically do not have the same restrictions. Understanding these caps is vital, as they affect the total compensation you might receive.

Legal Nuances in Roswell

Several specific legal considerations are unique to Roswell. For instance, the state follows a “contributory negligence” rule. If the injured party is found to be even slightly at fault, they may be barred from receiving compensation. Additionally, Roswell law may have special provisions that affect birth injury cases, such as rules specific to minors. Being aware of these nuances can significantly influence the strategy and outcome of your case.

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The Importance of Expert Legal Representation in in Roswell

When dealing with the emotional and complex challenges of a birth injury, having knowledgeable and compassionate legal representation is invaluable. In Alabama, the legal landscape can be as diverse as the communities it serves. Therefore, an advocate who is well-versed in both the medical and legal aspects of birth injury cases is crucial.

Navigating the Legal Complexities

Birth injury cases are emotionally taxing and involve complex medical and legal questions. You must understand the standard of care expected during childbirth, identify deviations, and link them to the injury. This requires deep knowledge of both medical principles and Alabama’s legal standards. Expert legal representation can navigate these complexities, transforming medical facts into compelling legal arguments.

The Dual Expertise Advantage

At Gershon, Willoughby & Getz, our team offers a unique medical and legal expertise blend. Our attorneys are also trained physicians. We understand the medical aspects of birth injuries deeply. This dual expertise allows us to scrutinize medical records, consult with leading medical experts, and present nuanced medical issues effectively in legal proceedings. This gives our clients a distinct advantage.

Advocating for Full Compensation

The consequences of a birth injury are far-reaching. They affect every aspect of a child’s and family’s life. Expert legal representation ensures all facets of these impacts are considered when seeking compensation. This includes current and future medical expenses, rehabilitation costs, special education needs, pain and suffering, and sometimes punitive damages. A skilled attorney can advocate for a comprehensive compensation package addressing immediate and long-term needs.

Personalized Legal Strategy

Each birth injury case is unique, with its own set of circumstances, challenges, and impacts. A one-size-fits-all approach is not enough. Expert legal representation involves developing a personalized legal strategy. This strategy considers the specific details of the case, the needs of the child and family, and the nuances of Alabama law. This tailored approach ensures the legal action aligns closely with the family’s goals and the child’s best interests.

In conclusion, understanding the legal framework for birth injury claims in Huntsville is critical. Expert legal representation can navigate complexities, advocate for full compensation, and develop personalized strategies to meet specific needs. This support is invaluable for families facing the challenging aftermath of a birth injury.

The Importance of Skilled Legal Representation in Birth Injury Cases in Roswell

Expert Legal Guidance

When dealing with a birth injury, having an experienced birth injury lawyer in Roswell is crucial. These professionals have the knowledge to navigate complex legal processes. They help you understand your rights and the steps needed to seek justice for your child. Legal expertise is vital to navigating the intricate rules of birth injury claims.

Medical-Legal Expertise

A unique advantage of hiring a skilled birth injury lawyer in Roswell is their medical-legal expertise. Some lawyers possess medical knowledge or work with medical professionals. This expertise helps them understand medical records and the intricacies of birth injuries. It also enables them to argue your case more effectively. They can point out where and how medical negligence occurred.

Personalized Legal Strategy

Every birth injury case is unique. A proficient lawyer in Roswell will create a tailored legal strategy for your situation. They review all aspects of your case, including medical records and witness statements. This thorough approach ensures every detail is noticed. Personalized strategies increase the chances of a successful outcome.

Comprehensive Compensation

Experienced birth injury lawyers aim to secure the maximum compensation for your family. This compensation can cover medical expenses, long-term care, and emotional distress. Skilled lawyers know how to calculate and argue for the highest possible settlement. Their goal is to help your family cope with the financial burden caused by the injury.

Client Support

Dealing with a birth injury is emotionally challenging. A knowledgeable lawyer in Roswell not only provides legal assistance but also emotional support. They guide families through each step of the legal process, offering reassurance and practical advice. Supportive legal counsel can ease the emotional strain and help you focus on your child’s well-being.

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.