Decatur Birth Injury Lawyer

Decatur Birth Injury Attorney

A birth injury can turn a wonderful occasion into a very stressful challenge. Especially when the injury results from errors, policy violations, or other matters beyond your control, it can leave you feeling frustrated. However, you don’t have to endure the trauma, costs, and stress alone. With the help of a skilled Decatur birth injury lawyer, you can pursue justice on behalf of you and your child.

The Tolson Firm, LLC, is a highly respected force. With plenty of experience handling birth injury claims, they bring the type of knowledge that clients and courts appreciate. The firm is headed by Ms. Audrey Tolson, a proud black attorney who takes pride in helping victims of medical issues such as birth injuries. When you or your child has suffered harm, call on a Decatur maternity medical malpractice lawyer from our team.

What Georgia Law Says About Birth Injuries

Decatur residents will be happy to know that Georgia birth injury laws exist to protect them and provide a framework for defending their rights. Georgia law, Section 9-3-70, specifies that medical services must be rendered only by a qualified individual. If you believe that a lack of skill or qualifications caused a birth injury, you may have grounds for a case.

While even qualified physicians can make mistakes, Georgia law (Section 51-1-27) requires anyone performing services to exercise a reasonable degree of skill and care. This means if a qualified physician caused harm to a child during delivery through their own error, misjudgment, or policy violation, they can still be held liable.

What Could Cause a Birth Injury to Happen?

Many situations can cause a birth injury to happen. Some of these stem from the shortcomings of the person delivering, while others stem from institutional failures. Some common reasons behind these incidents include:

• Improper use of equipment
• Assistants performing deliveries instead of licensed physicians
• Lack of proper training and regulatory oversight
• Rushed procedures due to negligence or short-staffed facilities
• Loss of focus or judgment errors by physicians

Sometimes, facilities blame the baby’s size or early arrival for injuries, such as if it’s over 8 pounds and 13 ounces or earlier than 37 weeks. However, even in these conditions, physicians and medical facilities have a responsibility to exercise care. If you believe your rights were violated, hire a birth injury lawyer to see if you have a case.

Why You Shouldn’t Downplay Your Birth Injury Claim

Many people make the mistake of assuming a birth injury is an inevitable risk of delivery. While the process is sensitive, that doesn’t mean that all errors are excusable – especially when said errors cause harm to your newborn. Many mothers are so stressed by the delivery itself that they may fail to consider whether birth injuries were preventable or if they have a potential claim.

About 1 in 5 mothers experience trauma during pregnancy or birth, and many of these instances are moments when a mother’s concerns are not adhered to during delivery. While a parent may be anxious to simply leave the hospital and begin integrating their newborn into the world, taking time to explore legal options after a birth injury claim could potentially allow you to receive valuable compensation.

How Our Law Firm Can Help

When you hire a Decatur birth injury attorney from our firm, we can provide valuable support and guidance. We can start by listening to the details of your situation, which for many people represents a valuable emotional release. We can also bring legal clarity and professional context to your emotional, traumatic situation, helping you to determine whether there’s grounds for a birth injury claim.

If we work together and decide to move forward with a case, our team can gather evidence, including information about the birth and injuries, as well as details about physicians’ licenses, hospital practices, and witness testimonies. We can also stand by you through all aspects of the case, providing you with insight on how to answer and respond to questions, as well as guidance on which verdict we should pursue together.

FAQs

Where Is a Decatur Birth Injury Case Heard?

A Decatur birth injury case is typically heard at the DeKalb County Superior Court. When you have a case coming up and hire an attorney from our firm, we can advise you on court locations and schedules. We can also provide insight into what to expect regarding procedures, questions, and more.

Can Birth Injuries Cause Long-Term Damage?

Yes, some birth injuries can cause long-term damage. Conditions like a brachial plexus injury, for example, affect about 1 in every 1,000 newborns. This has been known to cause nerve damage in the hand, arm, and shoulder, leading to recurring pain and mobility problems that may last a long time.

How Quickly Must a Birth Injury Claim Be Filed?

A birth injury claim must be filed within two years of the incident, according to Georgia law, Section 9-3-71. If you believe your child was hurt during birth due to mistakes or negligence on the part of medical staff, it is imperative to hire a birth injury lawyer from our firm. We can help you file your claim and navigate the legal process.

Can Low-Quality Medical Facilities Increase the Chance of Birth Injuries?

Yes, low-quality medical facilities can increase the chance of birth injuries. One study found that about 35% of counties lacked access to proper birthing facilities, which puts parents and children at risk. Some institutions lack proper equipment, training programs, safety standards, regulatory oversight, or even enough licensed physicians to deliver babies.

Hire a Birth Injury Lawyer

Childbirth should be a blessed event that’s remembered for the right reasons. But an injury during delivery can cause extensive emotional and physical trauma, presenting unfair health challenges for a newborn and medical bills for parents. However, with our skilled legal team’s help, you can pursue accountability and justice.

The Tolson Firm, LLC, has been serving clients in Decatur and the surrounding areas for 15 years. When you need the ideal combination of compassionate legal counsel for suffering clients and a fierce conviction toward results in the courtroom, call on us. Reach out today to start with a case evaluation.