Birth injuries are preventable traumas that can impact an infant for life. If your child suffered an injury during or shortly after birth, please contact Nicholson Revell LLP. We can help you find out whether you have grounds for a case against your doctor or a birthing center in Augusta, Georgia. Our attorneys are here for you and your family when you need help the most.
Unless you have a background in personal injury law, you and your family may not know how to seek justice for a birth injury. No family anticipates a traumatic injury while welcoming a new member into the family. If the unexpected happens, an experienced attorney can help you hold the responsible person accountable. A lawyer can take care of several key tasks for you:
Unlike an insurance company, a lawyer is 100 percent on your side. A lawyer has the answers to your legal questions and advice you can trust. You can rely on your attorney to protect your child’s rights and best interests during a claim. A lawyer will take care of your family and fight for justice for your loved one while you focus on the future.
Serious birth injuries are typically preventable. They occur when a medical professional is negligent. In medical malpractice law, a doctor is negligent when he or she fails to meet the medical industry standards of care. If a doctor or nurse was negligent during your labor or delivery, and this caused your child’s injury, you have grounds to file a birth injury claim.
Common causes of birth injuries include improper use of birth-assisting tools (such as forceps and vacuums), lack of communication among medical staff, failure to monitor fetal vital signs, delays in performing a cesarean section, and the use of incorrect birthing techniques.
While doctors do not have a duty to prevent delivery complications, every doctor must use an appropriate degree of patient care when handling complications. Failing to meet the standard of care is medical malpractice.
Before an insurance company or jury awards your family financial compensation for a birth injury, your attorney must demonstrate the legal grounds on which you are basing your claim. Your family can receive compensation for a birth injury with proof of four key elements:
Your lawyer must prove these elements as more likely to be true than not true (a preponderance of the evidence). Your lawyer can prove a birth injury case using evidence such as medical records and testimony from a medical expert.
If your child has been diagnosed with a birth injury, Nicholson Revell LLP can help you seek justice. Medical malpractice can cause an injury in utero, during labor or delivery, or shortly after birth. Your family may be able to file a birth injury claim in Augusta if medical malpractice caused any of the following types of infant injuries:
A child may or may not be able to recover from a birth injury. Many victims struggle with long-term symptoms. Cerebral palsy, for example, can cause lifelong muscle problems, involuntary movements, lack of balance, and variations in muscle tone. If a doctor’s knowing or careless mistake gave your infant a permanent injury, it is critical to hire an attorney.
All medical professionals must uphold a certain duty of care. If a doctor, nurse, anesthesiologist, or any other healthcare provider negligently breaches this duty and harms a patient, he or she may be liable in a medical malpractice lawsuit.
If you are filing a birth injury lawsuit, you will first need to identify the liable party or parties. While any medical professional could be at fault, the following are some of the most common parties named in birth injury claims.
The most common liable party is the physician who provided care to a child or a child’s mother at the time of the injury. This doctor is in charge of the delivery process, and his or her negligence could be responsible for the injury.
For example, if the obstetrician fails to monitor a child’s heartbeat during labor, he or she may be liable if the child suffers hypoxia. If a doctor fails to screen a mother for common pregnancy complications, he or she could be liable for any birth injuries that occur as a result.
If the at-fault medical professional was an employee of the medical facility, you could name the facility in your lawsuit. A hospital or clinic may also face liability if it was aware of the at-fault party’s negligence and kept the professional on its staff despite this knowledge.
In some cases, nurses and medical assistants are also responsible for a birth injury. These parties may be solely liable or named as another defendant alongside the attending physician. Your attorney from Nicholson Revell, LLP can investigate everyone who was present for your child’s birth and help you identify the liable party.
In Georgia, you have the right to recover two categories of damages: economic and non-economic. Your attorney will carefully evaluate all options for compensation and identify the damages that your child could recover.
Although no amount of money can make up for your child’s birth injury, a fair award from the at-fault party can grant your family greater peace of mind. You can receive the compensation you deserve for a serious injury, including money to pay for future medical care, physical therapy, rehabilitation, and special education.
Filing a birth injury claim can allow your family to recover both past and future financial damages. Your child can benefit from holding the at-fault party accountable. The at-fault party may be legally responsible for your medical expenses, your child’s pain and suffering, emotional distress, permanent disability, lost quality of life, legal fees, and more.
The time it takes to settle a birth injury lawsuit varies from case to case. In some lawsuits, the parties are able to reach a settlement before a case reaches trial or is even filed in Georgia civil court. Families could recover a settlement in as little as a few months.
However, most birth injury lawsuits can take a year or longer to reach a settlement. These claims involve potentially millions of dollars in compensation, so families could face tough litigation from the at-fault medical professional. In these situations, it is important to hire a birth injury lawyer who can represent your family.
The attorneys at Nicholson Revell, LLP will carefully evaluate your child’s case and strategize ways to reach a sufficient settlement as quickly as possible. We will work closely with you to protect your child’s health and best interests.
A birth injury can have a significant impact on a child’s life. These injuries are often very severe and can result in permanent physical or mental impairments. A child may require lifelong treatment to care for these symptoms and complications that may arise in the future.
By filing a birth injury lawsuit, your family can recover a settlement to pay for this treatment for years to come. In these situations, you need an attorney on your side who can represent your claim and fight for your child’s right to justice.
An Augusta birth injury lawyer can guide your family through the litigation process and advocate aggressively for the compensation your child deserves. The following are only some of the services that Nicholson Revell, LLP can provide.
If your child is injured at birth, you and your family may feel scared and overwhelmed. Birth injuries can be very severe and can evolve quickly following birth, placing significant emotional, physical, and financial stress on your child and your family. In these situations, it can be difficult to know what to do next.
If you believe that your child’s injury occurred due to a medical professional’s negligence, it is important to contact a birth injury lawyer as soon as possible. An attorney can help you determine whether your child is eligible for a claim and can begin collecting evidence to build your future lawsuit.
Before meeting with your attorney, you can support the investigation by collecting as much evidence as possible related to your child’s condition. Gather all relevant medical records, write down the names of any witnesses who saw the negligence occur, and find any photographs or videos taken on the day of the injury. While your attorney can collect most evidence on your behalf, this information could be very valuable when initiating your claim.
In Georgia, the typical deadline for filing a personal injury claim is two years from the date of the accident. A birth injury, however, is an exception to the rule. Since a birth injury affects a minor, the statute of limitations on bringing a claim is two years from the child’s fifth birthday.
If you fail to file a birth injury claim by your child’s seventh birthday, you could lose the right to receive compensation forever. If, however, your lawyer can prove that you did not discover your child’s injury until after his or her seventh birthday despite your due diligence, the courts may extend the deadline.
If a doctor failed to take proper care of you and your baby at any stage of pregnancy or delivery, and this caused a birth injury, contact Nicholson Revell LLP. Our Augusta, Georgia birth injury attorneys can help you pursue justice using proven legal techniques. We care about you and your family. Find out how we can help you today. Call (706) 722-8784 for a free consultation.