Atlanta Birth Injury Lawyer

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.