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.
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.
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.