Atlanta Birth Injury Lawyer
Pregnancy and labor can be long and stressful experiences, and the last thing you’d want is for your infant to experience complications and health problems. While many children are born without complications, healthcare professionals or providers are sometimes careless. Unfortunately, these accidents can result in permanent disabilities.
There’s also the possibility for an infant to die shortly after being born. This is a traumatic event that no one should ever have the misfortune of experiencing. For this reason, it’s crucial to know about your rights and the monetary compensation you deserve after this catastrophic event.
Those suffering because of a birth injury caused by negligence can seek compensation for their damages. Take legal action with the help of an Atlanta birth injury lawyer, especially if you want to maximize your settlement.
Reach out to the lawyers at Fischer Redavid PLLC for guidance on your claim.
Statute of Limitations for Birth Injuries
Remember you don’t have an infinite amount of time at your disposal. Every legal issue is subject to a statute of limitations, which represents the legal deadline you must respect if you want to be compensated.
In Georgia, you only have two years before you lose your chance to file a lawsuit and take a stand in court for a personal injury. When you’re suing for a birth injury, this number can change. Because your child is a minor, you may have more time to sue depending on the details of your claim.
This is not the only variable that can influence your compensation. An Atlanta birth injury attorney will examine your case and proceed by protecting your finances and rights, and taking into consideration all the suffering you’ve experienced. That includes details that can impact your time limits.
You and your child may have felt fine in the aftermath of childbirth. Unfortunately, you or your child may experience the effects of a birth injury months or even years after the injury happened. These delayed symptoms can make it difficult to pinpoint what caused the damage and make it difficult to recover.
The importance of an experienced attorney grows dramatically if you consider that symptoms that are a direct result of a birth injury can take multiple years to show up. Your infant’s suffering could be delayed unless it’s a direct trauma that has an immediate effect at the time of delivery. Demonstrating the consequences of severe injuries in this scenario can take even more effort.
Why Do I Have a Limited Amount of Time?
Our legal system protects your right to seek justice in the case of a doctor’s negligence, but it also protects defendants from costly legal cases that can take months or years to settle.
It can also be cumbersome to establish who’s right in a case where it’s hard to recall basic details. If too much time passes, evidence can become left reliable or erode completely. Because of this, you may need to act fast with a lawyer’s guidance when you’re hurt.
Birth Injury or Birth Defect?
Defining the term birth injury is crucial to understanding the difference between this concept and birth defects. Birth injuries take place when an infant’s or mother’s body is damaged because a doctor failed to act with a reasonable standard of care. The standard of care refers to what a reasonable person would do with the same experience in that situation.
Keep in mind that you can’t sue healthcare professionals or file a medical malpractice claim every time there are complications. Negligence or intention to cause harm is the fundamental factor in a malpractice claim. If negligence is absent, you won’t be able to receive compensation, even if you’re unhappy about the aftermath of your childbirth process.
Complications and unexpected events can take place while giving birth, but they aren’t always due to negligence. A birth defect is typically a result of genetic anomalies, and these defects aren’t always influenced by external factors. If you’re unsure what the source of your child’s suffering is, talk to a lawyer, who can help you get answers from a medical professional.
What Causes Birth Injuries?
Birth injuries are the result of medical malpractice. Examples of failing to operate within the accepted standard of care can be any of the following:
- Failing or refusing to perform a C-section when needed
- Not delivering enough oxygen to a newborn who’s experiencing respiratory issues
- Not interpreting medical exams correctly (including those done before labor or birth)
- Utilizing the wrong instruments in the wrong scenario
- Use of excessive force with forceps or other tools during delivery
These are only a few of the main causes of birth injuries, but they all share a common factor: negligence towards a patient who’s giving birth. If you believe a doctor’s negligence caused a birth injury, you may have grounds for a lawsuit.
Who Is Considered Responsible?
When you’re filing a birth injury lawsuit, the defendants in your legal battle need to be held liable for what happened. Liability depends on the circumstances that led to the birth injury.
Depending on the injury or disability caused, doctors, nurses, anesthesiologists, and support staff present can be considered responsible. But who’s financially responsible for the injuries and suffering your family experienced?
Liability for Hospitals and Doctor Groups
Keep in mind that doctors are not the only potential defendants who will have an interest in dismissing your claim. Companies that own hospitals and clinics may also be held liable for what happened, and they will do anything to defend themselves and the name of their structures.
In some cases, a doctor may also be part of a larger group of doctors to help protect them from medical malpractice. In these cases, talk to your lawyer about pursuing compensation from the right group.
Insurance Companies During Malpractice Claims
That’s not to mention that clinics, hospitals, and doctor groups have an insurance plan for accusations of malpractice. This means that you may be facing insurance companies too, which won’t hesitate to place the blame elsewhere or claim you weren’t actually injured.
When facing multiple parties who will show up with their own team of lawyers, you must not hesitate. They want you to commit a mistake and they have no interest in the fact that you’re injured and your finances are suffering. The only thing they’re focused on is their profits.
An Atlanta birth injury attorney won’t let adjusters with bad intentions do as they please. They will defend your rights and negotiate while presenting your version of the facts and back it up with relevant evidence. The at-fault parties won’t be able to waste your time and stop you from getting compensated when a qualified attorney can speak on your behalf.
How to Determine Liability
Knowing who’s responsible is not enough to proceed with a personal injury claim. You also need to get the evidence to prove that their actions or inactions caused your baby’s injuries or death. You know what happened, you know you were the victim of malpractice and you know who caused your suffering, but you’ll need to prove it in court too.
Unfortunately, your words alone won’t be enough. Experienced birth injury lawyers are well aware of this fact and will work to determine liability before proceeding. If you’re unsure who’s liable for your suffering, it’s easy to pinpoint the wrong person. That can waste time, energy, and resources.
Medical records, bills, and both eyewitness and expert testimonies are the keys to success in receiving the money you deserve. This evidence can give you a better idea of who caused your suffering and what your options for compensation may be.
An attorney will also use their knowledge of legal structures to seek out a specialist. Using their experience and knowledge, they can also defend your version of the facts and help you prove that your newborn’s birth injuries were caused by an inadequate level of care.
Will My Birth Injury Lawsuit Go to Trial?
The thought of sharing your pain in public and defending yourself in front of a judge scares many victims away from pursuing the compensation they need to get out of difficult situations. But avoiding a trial can leave you without the compensation you’re due, and it can limit your options to act on behalf of your child and yourself.
Many personal injury lawsuits, including medical malpractice and birth injury claims, don’t see the inside of a courtroom. The at-fault parties and insurance companies prefer to settle before trial, as it could quickly become a waste of their money and time too. Because of this, you may not have to worry about your case going to trial.
Unfortunately, a settlement with the insurance company isn’t always the best option for your case. In many cases, they may lowball your settlement or refuse to compensate you. When this happens, your lawyer will represent you in the courtroom. They have the tools and experience you need in court, so you can let them speak on your behalf while you focus on your and your child’s health.
Keep in mind that insurance companies will always see just how much they can push your boundaries, but once they realize you’re serious about pursuing compensation, they won’t be able to offer a low settlement and expect a favorable outcome in court. Don’t forget that these companies want to defend their profits, and a trial is rarely profitable for them.
What Can I Expect from a Birth Injury Settlement?
When taking legal action, it can be tough to get a clear picture of the damages you’re due. Even when two cases are similar, they result in different settlements which may be influenced by different circumstances.
An Atlanta birth injury attorney will act accordingly after taking into consideration all your damages. Your economic damages should cover all your financial needs, while non-economic damages cover the intangible suffering you’ve experienced because of the accident. These economic and non-economic damages typically include:
- Current and future medical expenses, including costs of treatment, medical devices, nursing, attendant care, and everything else an injured child may need to reach an acceptable quality of life
- Lowered life expectancy, which is typically the direct result of disabilities or severe injuries caused by the medical staff’s negligence
- Home care and eventual modifications you’ll need to take care of in your house in order to give your newborn what they need to live comfortably
- Lost wages and loss of future earning capacity if your ability to work is lowered due to your child’s needs
- Pain and suffering, including emotional distress and the mental trauma this event has caused you as a parent
- Disfigurement and scarring
Medical malpractice lawsuits, especially ones involving birth injuries, may result in high settlements. Cerebral palsy and brain injuries can stop a child from walking and may even paralyze them.
That’s why the presence of an attorney who will put into consideration everything you’ll need to do and the money you’ll have to spend in the future is the key to success. Talk to your lawyer about the tools you need to calculate your damages correctly.
Reach out to an Atlanta Birth Injury Lawyer
A small mistake, distraction, or wrong decision can change an infant’s life forever. No one should experience hardships due to another person’s negligence, let alone a newborn. If your child has a birth injury because of a preventable medical error, our Atlanta birth injury lawyer knows how to help you.
At Fischer Redavid PLLC, we’ll take care of discussing further details about your case so we can file an effective claim on your behalf. You deserve not only compensation but also closure and peace of mind after what happened, at least from a financial point of view.
Call (954) 800-2155 or fill out our website’s contact form to schedule your free, no-obligation consultation.