Marietta Birth Injury Lawyer

Marietta Birth Injury Attorney

Giving birth should be a cause for celebration. Unfortunately, for some Georgia parents, that excitement is tempered by the presence of birth injuries. If you or your infant has suffered birth trauma during labor or delivery, you can work with a Marietta birth injury lawyer to hold the responsible doctor accountable and obtain compensation for your pain and suffering.

Trust The Tolson Firm, LLC

If you are seeking a Marietta medical malpractice lawyer, the skilled legal team at The Tolson Firm, LLC, has been practicing medical malpractice law for years. In that time, we have taken on many complex birth injury cases, giving us the experience required to confidently take on any case. We can help you with your birth injury claim, no matter what stage you are at in the filing process.

Our founding attorney, Audrey Tolson, has been recognized with many accolades, including Super Lawyers and Top 100 Female Lawyers in Georgia. You can trust The Tolson Firm, LLC, with your medical malpractice case.

Why Hire a Birth Injury Lawyer?

The State of Georgia does not fare well on metrics of maternal and infant health. The March of Dimes gave the Peach State an F for preterm births, though Cobb County received a D+ for its 10.6% preterm birth rate, and lists infant mortality rates at 7.0% per 1,000 live births. According to the same report, 20.6% of expecting moms receive inadequate prenatal care.

If you or your baby were injured as a result of birth trauma, you should hire a birth injury lawyer right away. It is equally important to act promptly, as Georgia law sets strict deadlines, known as the Georgia birth injury statute of limitations, for taking legal action. Your attorney can help you with every step of the claim-filing process, from filing paperwork to litigating your case in court should it go to trial.

Birth Injuries at Wellstar Hospitals

Marietta is home to two Wellstar hospitals:

• Wellstar Windy Hill
• Wellstar Kennestone Regional Medical Center

Both of these facilities have positive reputations among families, but birth injuries can happen anywhere. The types of birth trauma that could occur at a Wellstar hospital include many of the common types of birth injuries in Georgia, such as:

• Perinatal asphyxia
• Shoulder dystocia
• Placental complications
• Umbilical cord complications
• Preeclampsia
• Meconium aspiration syndrome
• Maternal infections

When to File a Claim for Birth Trauma

Not every traumatic birth occurs due to medical malpractice. Sometimes, birth injuries are inevitable. You can only file a malpractice claim if a provider’s negligence led directly to the incident that caused you or your baby harm. To prove negligence, you will need to prove:

• Duty of care. All of the healthcare providers assisting with your birth owe you a duty of care as their patient.
• Breach of duty. If one of those providers failed to provide you with a standard of care that is commensurate with what another equally trained and experienced person would have offered, that is a breach of their duty.
• Causation. The doctor or other healthcare provider’s negligence must have directly caused your or your baby’s birth injury.
• Damages. You or your baby must have suffered provable harm as a result.

Your birth injury lawyer can help you determine whether your circumstances meet these criteria. Understanding these criteria is the first step; the actual process of filing a birth injury lawsuit in Georgia involves specific legal steps and considerations.

Evidence Required for Birth Injury Claims

The evidence you need to prove your claim will depend on the case. However, most birth injury cases rely on a combination of:

• Medical records. You and your baby’s medical records should show exactly what happened to cause the birth injury.
• Expert testimony. You may need expert witnesses to testify as to an appropriate standard of care.
• Witnesses. Anyone who witnessed the birth injury when it happened, including other healthcare providers, can testify to medical errors.

Types of Compensation Available

Birth injuries can lead to expensive medical bills and, sometimes, lifelong medical treatment for the child. It is important that any settlement offer you accept will cover 100% of the economic and non-economic damages. They can include:

• Initial hospital bills
• Ongoing medical expenses
• Lost wages
• Loss of future earnings if the mother were severely injured
• Pain and suffering
• Disability
• Loss of enjoyment
• Loss of consortium

A seasoned birth injury attorney can ensure that all the damages you are entitled to are included in a settlement.

FAQs

What Is the Most Common Birth Injury?

The most common birth injury is caput succedaneum, a form of scalp bruising or swelling. However, the most frequent fracture is the collarbone, and the most common form of nerve damage is Erb’s palsy from brachial plexus injury. For mothers, the most common issue is perineal tearing. Most birth injuries resolve quickly without extensive medical intervention.

Can You File a Claim for Birth Trauma?

You can file a claim for birth trauma if you or your infant was injured during labor or delivery due to a medical practitioner’s negligence. These claims are a type of medical malpractice claim, so they hinge on being able to prove the claim of negligence. Not all birth trauma is cause for filing a claim against the doctor or hospital. If you are not sure whether you have a claim, contact a Marietta birth injury attorney about your case.

How Hard Is It to Win a Case Against a Hospital?

It can be hard to win a case against a hospital if your claim goes to trial. However, most hospitals settle the majority of their claims out of court, where it is more likely that you will be able to negotiate a good settlement offer with the hospital’s medical malpractice insurance company. You can improve your chances of winning by hiring a medical malpractice lawyer.

What Are the Birth Injuries That Occur Due to Negligence?

The birth injuries that occur due to negligence can involve oxygen deprivation, nerve damage, bone fractures, and head trauma. These, in turn, can cause problems like cerebral palsy, Erb’s palsy, broken collarbones, and brain bleeds. Errors usually occur due to delaying C-sections, failing to monitor the mother and fetus properly, or using delivery instruments incorrectly.

Your Marietta Birth Injury Lawyer

If you are looking for the help of a skilled Marietta birth injury lawyer to take on your case, look no further than The Tolson Firm, LLC. Our lead attorney, Audrey Tolson, is an acclaimed Black lawyer who believes in fighting for the families in her community. Our team has extensive experience with birth injury cases and obtaining the compensation our clients are entitled to for their traumatic births. Contact us to schedule an initial consultation today.