The miracle of childbirth can quickly turn into a nightmare if a baby suffers a preventable birth injury. These injuries, often caused by medical negligence, can have lifelong consequences for both the child and their family. If you suspect medical malpractice during childbirth resulted in your child’s injury, seeking legal guidance from an experienced Atlanta birth injury lawyer is crucial. At Ask The Law Doc – Gershon Willoughby & Getz, our team understands the emotional and financial challenges families face after a birth injury.
This article explores the role of medical malpractice in birth injury cases and empowers you with information to make informed decisions about your child’s future. Read From Birth To Battleground: Atlanta Birth Injury Lawyer to learn more.
Understanding Birth Injuries
Birth injuries encompass a wide range of physical and neurological impairments that occur before, during, or shortly after childbirth. While some injuries are unavoidable due to unforeseen complications, others are caused by medical professionals deviating from the accepted standard of care. Here are some common types of birth injuries:
- Cerebral palsy: This permanent movement disorder affects muscle tone, coordination, and balance.
- Erb’s palsy: This nerve injury in the upper arm can cause weakness, paralysis, and limited movement in the arm and shoulder.
- Brachial plexus injuries: These injuries affect the nerves that control movement, sensation, and muscle function in the arm, shoulder, hand, and fingers.
- Hypoxic-ischemic encephalopathy (HIE): This brain injury occurs when a baby’s brain is deprived of oxygen for a prolonged period, leading to developmental delays, seizures, and cognitive impairments.
- Fractures: Broken bones can occur during a difficult delivery, especially if excessive force is used during instrumental deliveries (forceps or vacuum).
Medical Malpractice And Birth Injuries
Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, resulting in an injury to the patient. In the context of birth injuries, this could involve:
- Failure to properly monitor the fetus during pregnancy: This can lead to missed signs of fetal distress, which can deprive the baby of oxygen and cause brain damage.
- Failure to order a timely C-section: In cases where a vaginal delivery poses a high risk to the baby’s health, a delayed C-section could result in serious injuries.
- Improper use of forceps or vacuum: When used incorrectly, these instruments can cause nerve damage, fractures, and other complications.
- Failure to diagnose or treat maternal infections: Certain maternal infections can increase the risk of birth defects and other problems in newborns.
The Burden Of Proof In Birth Injury Cases
If you are considering a birth injury lawsuit, it’s important to understand the legal burden of proof. Your Atlanta birth injury lawyer from Ask The Law Doc – Gershon Willoughby & Getz will need to establish the following:
- Doctor-patient relationship: A doctor-patient relationship existed between you and the healthcare provider(s) involved in your delivery.
- Breach of duty: The healthcare provider(s) deviated from the accepted standard of care expected in similar situations.
- Causation: The healthcare provider’s negligence directly caused your child’s birth injury.
- Damages: Your child sustained significant and measurable damages due to the birth injury, such as medical expenses, future care needs, pain and suffering, and lost earning potential.
Why Choose Ask The Law Doc – Gershon Willoughby & Getz For Your Atlanta Birth Injury Case
At Ask The Law Doc – Gershon Willoughby & Getz, we are dedicated to helping families in Atlanta navigate the complexities of birth injury cases. Our experienced Atlanta birth injury lawyers possess the following qualities:
- Compassionate Representation: We understand the emotional trauma associated with a birth injury and approach your case with empathy and sensitivity.
- Extensive Knowledge: Our team has a deep understanding of medical malpractice law and birth injuries, allowing us to meticulously build a strong case for your child’s future.
- Proven Track Record: We have a history of achieving successful outcomes for families affected by birth injuries, securing the compensation they need to provide for their child’s long-term care.
- Relentless Advocacy: We are committed to fighting for your child’s rights and ensuring they receive the resources they deserve to live a fulfilling life.
Taking The Next Step
If you suspect your child’s birth injury may have been caused by medical negligence, contacting an Atlanta birth injury lawyer as soon as possible is crucial. Evidence can fade over time, and time limits (statutes of limitations) may restrict your ability to file a lawsuit later. At Ask The Law Doc – Gershon Willoughby & Getz, we offer a free consultation to discuss your case and explore your legal options.
We understand the financial burden a birth injury can place on a family, and we work on a contingency fee basis. This means you won’t owe any attorney fees upfront unless we win your case.
Remember, you are not alone. Ask The Law Doc – Gershon Willoughby & Getz is here to help you navigate the legal process and fight for the compensation your child deserves. Contact us today for a free consultation with an Atlanta birth injury lawyer. Together, we can help secure your child’s future.
Additional Considerations:
- Importance of Early Intervention: Early intervention services can significantly improve a child’s long-term outcomes after a birth injury. Your Atlanta birth injury lawyer can help connect you with resources and specialists to ensure your child receives the care they need.
- Long-Term Care Planning: Birth injuries can require ongoing medical care, therapy, and specialized equipment throughout a child’s life. Compensation from a successful birth injury lawsuit can help secure your child’s financial future and ensure they have the resources they need to live a fulfilling life.
Conclusion
By working with a skilled Atlanta birth injury lawyer at Ask The Law Doc – Gershon Willoughby & Getz, you can take the first step towards securing justice and the resources your child needs to thrive.
Don’t wait to seek legal guidance if you suspect your child’s birth injury may have been caused by medical malpractice. Contact Ask The Law Doc – Gershon Willoughby & Getz today for a free consultation. Our compassionate and experienced team is here to answer your questions and help you navigate the legal process
FAQs: Birth Injury and Ask The Law Doc – Gershon Willoughby & Getz
What are the signs of a birth injury?
Birth injury symptoms can vary depending on the type and severity of the injury. Some common signs include:
- Muscle weakness, paralysis, or lack of movement in one or more limbs
- Seizures
- Difficulty feeding or swallowing
- Developmental delays
- Vision or hearing problems
- Breathing difficulties
If you have any concerns about your child’s development or suspect they may have suffered a birth injury, consult a pediatrician immediately.
How can I tell if medical malpractice caused my child’s birth injury?
It’s not always easy to determine if medical negligence was involved. An experienced Atlanta birth injury lawyer from Ask The Law Doc – Gershon Willoughby & Getz can review your medical records and consult with medical experts to assess if the standard of care was breached.
What types of compensation can I recover in a birth injury lawsuit?
A successful birth injury lawsuit can help recover compensation for various damages, including:
- Medical expenses: Past, present, and future medical costs associated with your child’s injury.
- Therapy and rehabilitation: Costs of ongoing therapy, occupational therapy, or other forms of rehabilitation your child may need.
- Special needs equipment: Costs of any specialized equipment your child may require, such as wheelchairs, braces, or communication devices.
- Pain and suffering: Compensation for the physical and emotional pain your child endures due to the birth injury.
- Lost earning potential: If your child’s injury limits their future ability to work, compensation for lost wages can be pursued.
How much time do I have to file a birth injury lawsuit in Atlanta?
The statute of limitations for birth injury lawsuits varies by state. In Georgia, it’s generally two years from the date of your child’s injury. However, exceptions may apply. It’s crucial to consult with an Atlanta birth injury lawyer as soon as possible to understand the specific time limits for your case.
Can I afford to hire a birth injury lawyer?
At Ask The Law Doc – Gershon Willoughby & Getz, we understand the financial strain a birth injury can cause. That’s why we work on a contingency fee basis. This means you won’t owe any attorney fees upfront unless we win your case. Our fees are a percentage of the compensation we recover for you.
