Atlanta Birth Injury Lawyer
Was Your Child Injured During Labor or Delivery?
The Tolson Firm, LLC can help you pursue a medical malpractice judgment against a doctor who has caused birth injuries to your child. Many injuries of this nature are fully avoidable and are often the result of negligence or carelessness on the part of an obstetrician, nurse, anesthesiologist, or other practitioner involved during labor or the delivery process.
Whether you are already certain that malpractice is the cause of the injury, or if you merely suspect this to be the case, an Atlanta birth injury lawyer from our firm can consult with you to determine a strong course of action that is personally tailored to your needs.
Why choose The Tolson Firm, LLC to protect your rights?
For a matter as serious as a birth injury, you will be up against large organizations – such as the hospital and its staff – and nothing short of excellent legal representation on your behalf will do. Ms. Audrey Tolson was personally selected by the famous Johnnie Cochran to work in the Atlanta office of his practice, and since founding her own firm, she has earned an excellent reputation.
Through her dedication to the law and steadfast focus on her clients, she has been chosen among the Top 100 Trial Lawyers in Georgia, has received a perfect 10.0 "Superb" Avvo Rating, and has been named as a "Rising Star℠ Under 40" by Super Lawyers®, and well as numerous other achievements. In over 17 years of practice, we have litigated dozens of multimillion-dollar cases on behalf of our clients and their loved ones and will work diligently to maximize the value of your claim.
Our Atlanta Birth Injury Attorneys Can Help
The complications that can arise from birth injuries are as varied as they are severe. Any negligent or reckless care of the medical staff is likely to put both the mother and child in serious danger.
We can build your case and defend your rights for all sorts of Atlanta birth injury claims, including but not limited to:
- Brachial plexus injury
- Brain cooling and brain injuries
- Chemical birth defects
- Cerebral palsy and Erb's palsy
- Hypoxic Ischemic Encephalopathy (HIE)
- Delays in development
- Premature delivery
- Paraplegia & quadriplegia
- Mental retardation
- Spinal cord injuries
- Labor and delivery problems
- Shoulder dystocia
- Fetal heart tracing
Birth Injuries Happen at an Alarming Rate
Shocking studies reveal that birth injury statistics happen at alarming high frequency. The United States is said to have the most advanced medical and healthcare system in the entire world and yet they are still far too many babies being injured during or after childbirth.
Some general birth injury statistics from the Agency for Healthcare Research and Quality (AHRQ):
- Roughly 7 in every 1,000 babies born in the United States will likely sustain an injury at birth.
- It is more likely for a birth trauma injury to occur in a large hospital with 300 beds or more than it would in a smaller hospital with only 100 beds.
- More than 80% of reported birth injuries are classified as "moderate to severe." This includes injuries like broken bones, traumatic brain injuries, and nerve damage.
- Birth injuries are highest for mothers between the ages of 25-34 with birthing tool-assisted deliveries.
- Birth injuries are more common in male babies (6.9) compared to females (5.1) for every 1,000 births. This is due to their often larger size, making delivery more difficult.
- Birth injuries are the fourth leading cause of infant fatalities, accounting for 20% of all infant deaths.
Detecting a Birth Injury
Many birth injuries are immediately apparent, requiring emergency intervention and neonatal intensive care, but others will not manifest for weeks, months, or years after delivery. Signs to watch for include seizures, a loose or floppy appearance, especially in the limbs, mental retardation, and significant delays in development.
Every child grows at a unique rate, but if your child is considerably late in meeting widely accepted benchmarks for rolling over, sitting upright, learning to crawl, or beginning to walk, it is advisable to seek a medical examination to learn whether a birth injury is the cause.
When you have any type of evidence that your child's condition is the result of a birth injury, contact us as soon as possible. There is a statute of limitations for taking legal action to recover compensation, and it is vital to begin work on your claim while it is still possible.
What Causes Birth Injuries?
While some birth defects are unavoidable genetic disorders that occur randomly during prenatal development, many others are the direct result of improper medical care. Our attorneys can review the circumstances of your child's injury and help you determine if you have grounds to pursue legal action.
Some of the most common causes of birth injuries include:
- Failure to identify and treat changes in a mother's or baby's condition
- Failure to refer parents to a specialist
- Ignoring maternal infections
- Failing to detect complications during labor
- Failing or delaying the performance of a c-section
- Forcefully using forceps or suction during delivery
- Prescribing improper medications during pregnancy or delivery
- Miscalculating the size of a fetus
What's the Difference Between Birth Injuries and Birth Defects?
While both are terrible occurrences, there is an important legal distinction between a birth injury and a birth defect. A birth defect is a health condition or illness that occurs in the womb during a fetus' development, while a birth injury is one that occurs during the labor or delivery process. Birth injuries are frequently the result of healthcare negligence, whereas birth defects can sometimes occur naturally due to genetics, chromosomal abnormalities, or unavoidable illnesses of the mother during pregnancy.
With that being said, certain birth defects can be caused by negligent prenatal care or develop as a side-effect of certain prescription drugs, giving mothers the grounds to pursue legal action. If your child was born with a birth defect that you believe was caused by a healthcare provider or pharmaceutical drug, it is encouraged you consult with an attorney to determine if you have a valid legal claim.
Compensation for Both Mother and Child
While any birth injury is a devastating experience, acts of medical negligence that cause harm to both the mother and her newborn child are particularly distressing. If you and your child were the victims of medical malpractice, just as you will both need separate medical care, you both have the right to seek compensation through separate claims. Our attorneys can pursue justice for both of you and set up a trust to ensure treatment for your baby is paid for over time.
We can help you seek compensation for the following types of damages:
- Present and future medical expenses
- Lost wages and other income (both mother and child)
- Lost earning potential
- Pain and suffering
- Emotional distressReasons to Hire an Atlanta Birth Injury Attorney
Even if you have excellent health insurance, there is still a good chance that your insurance company will only offer you a fraction of what you would need to cover the full cost of your losses related to your injuries. While your insurance may cover a portion of your medical treatment, unexpected costs such as those related to lost wages, long-term care for your child, or pain and suffering may be limited.
The fact of the matter is that insurance companies do not have your and your baby's best interests at heart and are more concerned with limiting their financial liability than compensating you fairly for your claim. An Atlanta birth injury attorney can help level the playing field and protect you from potential mistreatment, ensuring you have the best chances of securing the financial award you need.
An experienced birth injury lawyer can bring a variety of benefits to your case, including:
- Objectivity during a stressful and emotional time
- Protection against potentially costly legal pitfalls
- An accurate evaluation of the full impact of your injuries
- A thorough investigation into the cause of your or your child's injury
- An intimate understanding of the laws impacting your case
- Resources such as medical expert witnesses to support your case
- Experience dealing and negotiating with insurance companies
Protect You and Your Child From High Medical - Call an Atlanta Birth Injury Lawyer Today!
There is simply no excuse for negligence that leads to serious harm to the mother and her child. The entire situation worsens when insurance companies and the hospital staff try to avoid responsibility for the injuries and the steep costs of recovery fall upon you. At The Tolson Firm, LLC, our Atlanta birth injury lawyers understand that your right to receive safe medical practices from trusted physicians must be protected and honored.
Contact us today to learn how we can fight for you in your birth injury case.
Medical Malpractice Verdict
Injury and death during outpatient procedure.
Settlement for wrongful death resulting from building code violations.
Wrongful death of father and son while repairing ceiling tiles in train station.
Botched gallbladder removal verdict.
Post judgment settlement of wrongful death trucking case.
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