The birth of a child is a momentous occasion, a time filled with joy and hope for the future. However, when a birth injury occurs, this joy can be overshadowed by feelings of fear, confusion, and overwhelming medical bills. Birth injuries can be devastating, impacting a child’s life for years to come. If you suspect your child’s injury was caused by medical negligence, you may be considering legal action.
This article provides a guide to navigating the legal process of filing a birth injury lawsuit with the help of experienced Atlanta birth injury lawyers like Gershon Willoughby & Getz, also known as Ask The Law Doc.
Understanding Birth Injuries
Birth injuries can encompass a wide range of issues, arising before, during, or after childbirth. Some common examples include:
- Erb’s palsy: Damage to the brachial plexus nerves in the shoulder and arm, leading to weakness, paralysis, or loss of function.
- Brachial plexus injuries: Similar to Erb’s palsy, but affecting a broader range of nerves in the shoulder, arm, and hand.
- Cephalohematoma: Bleeding between the skull and the scalp, usually harmless but can be serious in some cases.
- Caput succedaneum: Swelling of the scalp caused by pressure during delivery, typically resolves on its own.
- Cerebral palsy: A group of movement disorders that affect coordination, muscle tone, and posture.
- Hypoxic-ischemic encephalopathy (HIE): Oxygen deprivation to the brain, which can lead to permanent brain damage.
Determining Medical Malpractice
Not all birth injuries are the result of medical malpractice. However, some births are more complicated than others, and when a doctor, nurse, or other healthcare professional fails to follow the accepted standard of care, a birth injury can occur. Legal action for birth injuries is based on the concept of medical malpractice, which occurs when a medical professional deviates from the standard of care and that deviation causes harm to the patient. An Atlanta birth injury lawyer like Ask The Law Doc can help you determine if your child’s birth injury may have been caused by medical negligence. Read When to Call Your Atlanta Birth Injury Lawyer to learn more.
Steps Involved In Filing A Birth Injury Lawsuit
The legal process of filing a birth injury lawsuit can be complex and lengthy. Here’s a breakdown of the key steps involved:
Consultation With An Atlanta Birth Injury Lawyer
The first step is to schedule a consultation with a qualified Atlanta birth injury lawyer like Ask The Law Doc. This initial meeting is an opportunity to discuss your child’s injury, the details of your birth experience, and any medical records you have obtained.
The lawyer will assess the potential merits of your case and explain the legal process involved in filing a birth injury lawsuit.
During the consultation, you can ask questions about the lawyer’s experience handling birth injury cases, their fees, and what you can expect throughout the legal process.
Investigation And Evidence Gathering
If you decide to move forward, your lawyer will launch a thorough investigation into your child’s birth injury. This will involve collecting and reviewing medical records, consulting with medical experts, and potentially interviewing witnesses.
The lawyer will need to build a strong case that demonstrates a connection between the medical professional’s negligence and your child’s injury. This may involve obtaining expert medical opinions to establish that the standard of care was not met and that this deviation caused your child’s injury.
Pre-Suit Negotiations
Before filing a lawsuit, your lawyer will likely attempt to negotiate a settlement with the healthcare provider’s insurance company. This can be a lengthy process, but it may offer a quicker resolution and avoid the costs associated with litigation.
It’s important to understand that the insurance company will try to minimize their payout. Your Atlanta birth injury lawyer will negotiate aggressively on your behalf to obtain the maximum compensation for your child’s present and future needs.
Filing the Lawsuit
If negotiations fail to resolve the case, your lawyer will file a lawsuit in the appropriate court. This lawsuit will outline the specific claims against the healthcare provider and the damages sought.
Discovery Phase
Once the lawsuit is filed, both sides will engage in “discovery,” a process of exchanging information and documents. This may involve depositions (questioning witnesses under oath), interrogatories (written questions answered under oath), and requests for production of documents.
Mediation
In many cases, the court may order mediation, a form of alternative dispute resolution (ADR) where a neutral third party helps both sides reach a settlement.
Trial
If mediation is unsuccessful and settlement negotiations fail, the case will proceed to trial. Here, your Atlanta birth injury lawyer from Ask The Law Doc will present evidence to the judge or jury that proves medical malpractice and the resulting harm to your child. The opposing side will have the opportunity to present their defense.
The trial process can be stressful and lengthy. Your lawyer will guide you through every step and prepare you for what to expect in the courtroom.
Verdict and Appeal
Following the presentation of evidence and closing arguments, the judge or jury will deliver a verdict. If the verdict is in your favor, the court will award damages to compensate you for your child’s medical expenses, lost wages, pain and suffering, and future care needs.
If the verdict is not in your favor, you may have the right to appeal the decision.
The Importance Of Experienced Atlanta Birth Injury Lawyers
The legal process involved in filing a birth injury lawsuit can be overwhelming. Ask The Law Doc, a team of experienced Atlanta birth injury lawyers like Ask The Law Doc – Gershon Willoughby & Getz understands the complexities of these cases and the emotional toll they take on families.
What Ask The Law Doc Can Do For You
- Free Consultation: We offer a no-obligation consultation where you can discuss your case with a compassionate and knowledgeable lawyer.
- Thorough Investigation: We will work diligently to gather evidence and build a strong case to maximize your child’s compensation.
- Aggressive Negotiation: Our team will fight for the best possible outcome through negotiation or litigation.
- Compassionate Support: We understand the emotional strain you are facing and will provide support throughout the entire legal process.
Taking Action For Your Child’s Future
If you suspect your child’s birth injury was caused by medical negligence, don’t hesitate to contact Ask The Law Doc for a free consultation. We can help you navigate the legal process and fight for the compensation your child deserves. Remember, there is a time limit to file a birth injury lawsuit, so seeking legal advice as soon as possible is crucial.
Frequently Asked Questions: Ask The Law Doc – Gershon Willoughby & Getz
How much does it cost to hire an Atlanta birth injury lawyer?
Many Atlanta birth injury lawyers, like Ask The Law Doc, offer free consultations. In most cases, birth injury lawyers work on a contingency fee basis, meaning they only get paid if they win your case. Their fee is typically a percentage of the settlement or verdict you receive.
What is the time limit for filing a birth injury lawsuit in Georgia?
In Georgia, the statute of limitations for filing a medical malpractice lawsuit, which includes birth injury cases, is generally two years from the date the injury occurred. However, there are some exceptions to this rule, so it’s important to consult with an Atlanta birth injury lawyer as soon as possible to understand the specific time limits that apply to your case.
What evidence is needed to prove a birth injury lawsuit?
To win a birth injury lawsuit, you will need to prove that the healthcare provider deviated from the standard of care and that this deviation caused your child’s injury. This may involve medical records, expert witness testimony, and witness statements from healthcare professionals who were present during the birth.
What types of compensation can be awarded in a birth injury lawsuit?
If you win your birth injury lawsuit, you may be awarded compensation for a variety of damages, including:
- Medical expenses, both current and future
- Lost wages due to caring for your injured child
- Pain and suffering your child has endured
- Emotional distress you have experienced
- Special needs equipment and therapy
- Loss of earning capacity your child may face
Should I settle my birth injury lawsuit or go to trial?
The decision of whether to settle your birth injury lawsuit or go to trial is a complex one that should be made in consultation with your Atlanta birth injury lawyer. There are advantages and disadvantages to both options. Your lawyer will consider the strength of your case, the potential settlement offer, and your risk tolerance when helping you decide the best course of action.
