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Savannah, GA Birth Injury Lawyer
Savannah, GA Birth Injury Attorney
It should be an incredible joy for families to welcome a newborn child into their family. Unfortunately, injuries to a parent or child can lead to significant physical pain, mental stress, and hospital visits after a child’s birth. While these injuries can frequently be unavoidable, even when medical providers do all they can, there are some cases where a birth injury is the result of medical malpractice. A Savannah, GA, birth injury lawyer can help you determine your next steps.
Birth injuries can be terrifying, and it is not easy to navigate a legal claim while trying to get the necessary care for your loved ones. Working with an attorney can help you secure compensation to cover medical costs, long-term care, emotional suffering, and lost income. It also enables you to focus on caring for your family and recovering, rather than trying to fight against a healthcare institution’s insurance providers.
Spohrer Dodd Trial Attorneys: Helping Families in South Georgia Recover
After a traumatic birth injury, it is important to find legal counsel who can provide the compassionate support and legal care that you need. Medical malpractice cases and birth injuries are some of the most complex personal injury cases, and these require significant evidence to prove. When these injuries were preventable if a provider has taken proper care, you deserve compensation for the resulting financial and emotional toll.
If you or your child was injured in Southeast Georgia, our team can review your situation and determine if you have a case. We are a law firm made up of experienced litigators, negotiators, paralegals, and an in-house physician, and we use our resources to thoroughly investigate the cause of your or your child’s injuries. Our team walks you through your options for compensation so you can make the most beneficial decision for your family.
Birth Injury Claims in Savannah
To have a valid medical malpractice claim in Savannah, GA, several facts must be proven. When something goes wrong during childbirth or a medical provider makes an error, it does not mean that this unfortunate situation is considered malpractice. To be malpractice, the following must be true and provable:
- There was an existing doctor-patient relationship, or the medical provider agreed to give the patient care, meaning that the provider owed the parent and child a duty of care.
- The provider breached their duty of care. A medical provider’s duty of care is a different standard than other personal injury claims. A medical provider is held to a professional standard. This means that if the medical provider deviates from the expected guidelines for care without reason, they likely will be breaking this professional standard of duty.
- The breach of duty directly led to the injuries suffered by the parent or the child. In some cases, birth injuries are caused by existing medical conditions that could not be diagnosed or addressed beforehand.
- The injuries suffered result in recognizable economic or noneconomic damages.
If all these elements can be proven, a medical malpractice case is more likely to be successful.
Why Do I Need a Birth Injury Medical Malpractice Attorney?
A medical malpractice claim is less stressful, more likely to succeed, and more likely to get you maximum compensation when you work with a skilled attorney. An attorney can help you navigate the process of filing, which can be complicated for malpractice claims. In Georgia, you must first file an affidavit that is backed by an expert witness before you can file a malpractice claim.
An attorney who has experience with malpractice and birth injury cases has navigated this process, and they have the essential resources needed to secure an expert witness and find the evidence present in your case to support the affidavit and the claim. An attorney can represent your needs during negotiations and take the claim to court when that helps your case.
FAQs
Q: How Much Compensation Can You Get for a Birth Injury?
A: The compensation you could receive from a birth injury medical malpractice claim relies on the cost of the damages you suffered. It also depends on the abilities and skill of your attorney, as a more accomplished attorney will likely be able to secure a better settlement. The factors that influence the amount of your compensation include:
- The severity of your injury
- The cost of medical care
- The cost of expected complications
- Any income that you lost from missing work
- Future income lost due to being unable to continue working
- The cost of mobility devices, in-home care, and other long-term needs
Q: What Is the Statute of Limitations for a Birth Injury in Georgia?
A: Any medical malpractice claim, including birth injuries, has a 2-year statute of limitations in Georgia. This statute is the amount of time an injured individual or their loved ones have to file a claim to recover damages. When the child is the individual who was injured, and the injury happened before they were 5 years old, a claim can be brought within 2 years from the date they turn 5. In no circumstance can a malpractice claim be filed after the child’s 10th birthday if they were injured prior to turning 5 years old.
Q: What Are Birth Injuries Due to Negligence?
A: A medical provider is considered negligent when they fail to uphold the professional standard of care expected for their position, education, and industry. When that negligence causes an injury to a parent or child during birth, this is considered a birth injury caused by negligence. A mistake that may constitute medical malpractice includes:
- Failure to monitor the vitals of the parent or child
- Improper use of medical tools
- Delayed birth or delayed action, like a C-section
- Failing to diagnose medical conditions prior to birth
- Not addressing oxygen deprivation
Q: What Is Considered a Birth Injury?
A: A birth injury is any physical injury that occurs during labor, childbirth, or soon after birth. These injuries can occur to the parent or the child. Injuries may be unavoidable, or they may be the fault of a doctor, nurse, or other medical professional failing to take effective care during the process. Injuries may include:
- Nerve damage
- Oxygen deprivation and asphyxiation
- Broken and fractured bones
- Excessive bleeding
- Perineal tears
- Brain damage
- Fetal distress
Protect Your Rights and Your Family’s Future
The team at Spohrer Dodd Trial Attorneys has decades of experience in trial law and medical malpractice cases. We understand how upsetting these cases are for families. Contact us today to see how we could represent you in your birth injury medical malpractice case.
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