Ask The Law Doc

Birth Injury Attorney Blog

Your dedicated team of lawyers who are doctors, too.  Get the help and compensation that you deserve.

Birth Injury Attorney Lawyer Atlanta Alabama

If Birth Fails: Atlanta Birth Injury Attorneys 

The miracle of childbirth should be a joyous occasion, but for some families, it can turn into a nightmare. Birth injuries, while sometimes unavoidable, can also be the result of medical negligence. If your child suffered an injury during birth due to a doctor’s or hospital’s mistakes, you may be entitled to compensation. Atlanta birth injury attorneys can help you navigate the legal complexities and fight for the resources your child needs.

Atlanta birth injury attorneys

Understanding Birth Injuries

Birth injuries encompass a wide range of issues that can affect a newborn’s health and development. Some common types include:

  • Erb’s palsy: This nerve injury occurs when excessive force is applied to the baby’s shoulder during delivery, damaging the nerves in the arm. It can lead to weakness, paralysis, and limitations in movement.
  • Brachial plexus injuries: Similar to Erb’s palsy, this injury affects the entire brachial plexus, a network of nerves in the shoulder and arm. Symptoms can range from mild weakness to complete paralysis.
  • Caput succedaneum and Cephalhematoma: These are swelling and bruising on the baby’s head caused by pressure during delivery. While typically harmless, they can indicate a more serious injury.
  • Hypoxic-ischemic encephalopathy (HIE): This brain injury occurs when the baby’s brain is deprived of oxygen for a prolonged period. It can lead to developmental delays, learning disabilities, cerebral palsy, and even death.
  • Fractures: Broken bones, especially the clavicle (collarbone), can happen during a difficult delivery, particularly when using forceps or vacuum extraction.

Causes Of Birth Injuries Due To Medical Malpractice

Not all birth injuries are the result of medical negligence. Sometimes, complications arise despite proper medical care. However, certain situations can increase the risk of an injury due to a healthcare provider’s mistakes:

  • Failure to monitor the fetus: During pregnancy and labor, doctors should closely monitor the baby’s heart rate and other vital signs. Missed signs of fetal distress, like a dropping heart rate, could indicate oxygen deprivation and the need for intervention.
  • Improper use of instruments: Forceps and vacuum extraction tools can be helpful in certain delivery situations, but improper use can lead to serious injuries to the baby.
  • Delayed C-section: When a vaginal birth becomes risky for the mother or baby, a timely C-section can be life-saving. Delaying this procedure due to misjudgment or a preference for vaginal delivery can cause oxygen deprivation and other complications.
  • Medication errors: Incorrect dosage or administration of medications during labor and delivery can put both mother and baby at risk.

How Atlanta Birth Injury Attorneys Can Help

Birth injuries can have a devastating impact on a child’s life, leading to lifelong medical needs, therapy, and potential limitations. The emotional and financial toll on families is immense.  Atlanta birth injury attorneys with experience in medical malpractice cases can offer you support and guidance throughout the legal process:

  • Free Consultation: Reputable birth injury attorneys typically offer a free initial consultation to discuss your situation and determine if you have a valid case.
  • Medical Review: Your attorney will work with medical experts to review your child’s medical records and determine whether a healthcare provider’s negligence contributed to the birth injury.
  • Case Investigation: Building a strong case often involves gathering evidence, interviewing medical professionals, and calculating the potential cost of your child’s future medical care.
  • Negotiation or Litigation: Your attorney will attempt to negotiate a fair settlement with the insurance company representing the doctor or hospital. If a settlement cannot be reached, they will be prepared to represent you in court.
  • Maximizing Compensation: Compensation in a birth injury case can cover past and future medical expenses, therapy costs, lost wages due to caring for your child, and pain and suffering.

Finding The Right Atlanta Birth Injury Attorney For You

When choosing an Atlanta birth injury attorney, consider the following factors:

  • Experience: Look for a law firm with a proven track record of success in birth injury cases.
  • Medical Knowledge: The legal team should have a strong understanding of medical terminology and birth complications.
  • Compassion and Communication: Find an attorney who is sensitive to your situation and keeps you informed throughout the legal process.

Taking The Next Step

If your child suffered a birth injury, and you suspect medical negligence may be a factor, contacting Atlanta birth injury attorneys is crucial.  Remember, there are often time limits for filing a medical malpractice lawsuit, so it’s important to act quickly. Don’t hesitate to seek legal counsel to understand your rights and explore potential avenues for compensation. While legal action cannot undo the harm done, it can help secure the necessary resources to give your child the best possible chance.

Conclusion

At Ask The Law Doc – Gershon Willoughby & Getz, our Atlanta birth injury attorneys, understand the profound impact a birth injury can have on your family. We are dedicated to fighting for the compensation your child deserves, ensuring they have access to the resources and care they need throughout their life.  Our team has a proven track record of success in complex medical malpractice cases, and we offer compassionate, client-centered representation. Contact Ask The Law Doc today for a free consultation – let us help you navigate this challenging time and secure the future your child deserves.

Frequently Asked Questions About Ask The Law Doc – Gershon Willoughby & Getz

Here are some commonly asked questions about birth injury cases in Atlanta:

What Are The Costs Associated With Hiring A Birth Injury Attorney?

  • Many Atlanta birth injury attorneys work on a contingency fee basis. This means you won’t pay any upfront fees. They only get paid if they win your case, and their fee is a percentage of the settlement or verdict you receive.

How Long Does A Birth Injury Case Typically Take?

  • The length of a birth injury case can vary depending on the complexity of the case, the severity of the injury, and the willingness of the insurance company to settle.  Some cases can be resolved within a year, while others may take several years to go to trial.

What Evidence Is Needed To Prove A Birth Injury Case?

Your attorney will gather evidence to support your claim, including:

  • Your child’s medical records, documenting the birth injury and any treatment received.
  • Medical expert opinions from qualified doctors who can establish a connection between the healthcare provider’s actions and the birth injury.
  • Witness statements from nurses or other medical professionals present during the delivery.
  • Evidence of the financial impact of the birth injury, including past and future medical bills, therapy costs, and lost wages.

What Is The Difference Between A Settlement And A Verdict?

  • A settlement is an agreement between you and the insurance company to pay a specific amount of money to compensate for your child’s injuries.  A verdict is a decision by a jury after a trial, determining the amount of compensation you are entitled to receive.

Can I Still File A Lawsuit If My Child Wasn’t Born In Atlanta?

  • Atlanta birth injury attorneys may be able to take your case even if the birth injury occurred outside of Atlanta, depending on the specific circumstances and where the healthcare provider is located.