The birth of a child is a momentous occasion, a time filled with joy and anticipation. However, for some families, this joyous event takes a devastating turn due to a preventable birth injury. Birth injuries can be life-altering for both the child and their family, leaving them with a mountain of medical bills, emotional stress, and a future filled with uncertainty.
If you suspect your child’s birth injury was caused by medical negligence, you may be entitled to compensation. Here’s where your Atlanta birth injury lawyer can step in and guide you through the complex legal process.
Understanding Birth Injuries
Birth injuries encompass a wide range of complications that occur before, during, or shortly after childbirth. These injuries can affect the baby’s brain, nerves, muscles, bones, or organs. Some common birth injuries include:
- Cerebral palsy (CP): This permanent movement disorder results from damage to the developing brain.
- Erb’s palsy: This condition affects the nerves in the arm and shoulder, causing weakness, paralysis, or lack of feeling.
- Brachial plexus injuries: These injuries can affect the nerves in the neck, shoulder, and arm, leading to limited movement and muscle weakness.
- Hypoxic-ischemic encephalopathy (HIE): This brain injury occurs when the baby’s brain is deprived of oxygen for a prolonged period.
- Cephalohematoma: This collection of blood under the scalp is usually harmless but can be a sign of a more serious injury.
Causes Of Birth Injuries And Medical Malpractice
Not all birth injuries are preventable. However, some occur due to medical negligence, where a healthcare professional deviates from the accepted standard of care, leading to harm. Here are some examples of medical malpractice that can cause birth injuries:
- Failure to monitor the fetus properly during pregnancy: This could lead to missed signs of distress, such as fetal heart rate decelerations.
- Forceps or vacuum delivery misuse: These instruments can cause serious injuries if used improperly.
- Delayed C-section: When a vaginal delivery poses a risk to the baby, a timely C-section can be life-saving. Delays in performing this procedure can lead to HIE and other injuries.
- Medication errors: Administering the wrong medication or dosage to the mother during pregnancy or labor can harm the baby.
The Role Of An Atlanta Birth Injury Lawyer
Birth injury cases are complex and require a skilled legal professional with extensive experience in medical malpractice law. An Atlanta birth injury lawyer can:
- Investigate the cause of the injury: Your lawyer will meticulously review medical records, consult with medical experts, and gather evidence to establish whether medical negligence played a role in your child’s injury.
- Determine the extent of damages: Birth injuries can result in a lifetime of medical bills, therapy, and lost future earnings. Your lawyer will work with medical and economic experts to calculate the full scope of your child’s present and future needs.
- Negotiate with the insurance company: Insurance companies often try to minimize payouts. An Atlanta birth injury lawyer with a strong negotiation record will fight to secure the maximum compensation your child deserves.
- Represent you in court: If an acceptable settlement cannot be reached, your lawyer will be prepared to take your case to court and advocate for your child’s rights.
Compensation For Birth Injuries
Compensation in birth injury cases can vary depending on the severity of the injury, the long-term prognosis, and the associated medical costs. Here’s a breakdown of potential damages:
- Medical expenses: This includes past, present, and future medical bills related to the birth injury, including therapy, rehabilitation, surgery, and medication.
- Lost wages: If the birth injury affects your child’s future earning potential, you may be compensated for lost wages.
- Pain and suffering: This compensates your child for the physical and emotional pain caused by the injury.
- Loss of enjoyment of life: If the birth injury limits your child’s ability to participate in activities they once enjoyed, compensation may be available.
Finding The Right Atlanta Birth Injury Lawyer
Choosing the right Atlanta birth injury lawyer is crucial for maximizing your chances of a successful outcome. Here are some factors to consider:
- Experience: Look for an attorney with a proven track record of handling birth injury cases, particularly those involving similar injuries to your child.
- Resources: A well-resourced law firm can invest in thorough investigations, hire medical experts, and go the distance to obtain a fair settlement or court verdict.
- Communication style: Choose a lawyer who is patient, explains things clearly, and readily addresses your questions and concerns.
Moving Forward
The aftermath of a birth injury can be overwhelming. While legal action cannot erase the pain and challenges your family faces, securing compensation with the help of an Atlanta birth injury lawyer can provide some much-needed financial security and peace of mind. This compensation can help you ensure your child receives the best possible medical care, therapy, and resources they need to thrive.
Here are some additional points to consider:
- Statute of Limitations: Each state has a time limit (statute of limitations) for filing a birth injury lawsuit. In Georgia, the statute of limitations for medical malpractice claims is two years from the date of the injury or the date you should have reasonably discovered the injury. It’s crucial to consult with an Atlanta birth injury lawyer as soon as possible to understand your legal options and ensure you don’t miss the deadline for filing a claim.
- Free Consultations: Most Atlanta birth injury lawyers offer free consultations. This initial meeting allows you to discuss your case, ask questions, and get a sense of the lawyer’s experience and approach.
- Focus on Your Child’s Well-Being: While legal matters are important, remember that your primary focus should be on your child’s well-being. An experienced Atlanta birth injury lawyer can handle the legal aspects of your case, allowing you to devote your energy to caring for your child.
Atlanta Birth Injury Lawyer: Supporting You Through This Difficult Time
No parent should have to endure the emotional and financial burden of a preventable birth injury. An Atlanta birth injury lawyer can be a powerful advocate for your child, fighting to secure the compensation you deserve to help your child reach their full potential.
By working with a skilled and compassionate legal team, you can take a crucial step toward securing the resources your child needs for a brighter future.
Conclusion
If you suspect your child’s birth injury was caused by medical negligence, the Atlanta birth injury lawyers at Ask The Law Doc – Gershon Willoughby & Getz are here to help. Our team of experienced and compassionate professionals understands the complexities of birth injury cases and is dedicated to fighting for the compensation your child deserves. Contact Ask The Law Doc – Gershon Willoughby & Getz today for your free consultation, and let us guide you through this challenging time.
Birth Injury FAQs: Understanding Your Legal Options With Ask The Law Doc – Gershon Willoughby & Getz
What Is The Difference Between A Birth Defect And A Birth Injury?
Birth defects are problems that develop during pregnancy, often due to genetics or unknown factors. Birth injuries, on the other hand, occur before, during, or shortly after birth due to medical negligence. In birth injury cases, a healthcare professional’s actions or inaction caused harm to the baby.
How Do I Know If My Child’s Birth Injury Was Caused By Medical Malpractice?
If you suspect medical negligence played a role in your child’s birth injury, consult with an Atlanta birth injury lawyer. They will review medical records, consult with medical experts, and investigate the circumstances surrounding your child’s birth to determine if there’s evidence of malpractice.
What Types Of Damages Can I Recover In A Birth Injury Case?
Compensation in birth injury cases can cover a wide range of damages, including:
- Past, present, and future medical expenses
- Lost wages (if the injury affects your child’s future earning potential)
- Pain and suffering
- Loss of enjoyment of life
How Long Do I Have To File A Birth Injury Lawsuit In Georgia?
The statute of limitations for medical malpractice claims in Georgia is two years from the date of the injury or the date you should have reasonably discovered the injury. It’s crucial to consult with an Atlanta birth injury lawyer as soon as possible to understand your legal options and ensure you don’t miss the deadline.
How Much Does It Cost To Hire An Atlanta Birth Injury Lawyer?
Most Atlanta birth injury lawyers work on a contingency fee basis. This means you won’t pay any fees upfront, and their fees are only a percentage of the compensation you recover in your case. If you don’t win, you won’t owe the lawyer anything. Schedule a free consultation with an Atlanta birth injury lawyer to discuss the specifics of your case.
