Do you live in Alpharetta, Georgia and are currently coping with the stress of a diagnosis of a birth injury? In these circumstances, you need to be prepared to speak with experienced birth injury lawyers in Alpharetta as soon as possible.
No family should have to go through the devastating situation of learning that their loved one and new child has suffered preventable injuries during the course of birth. Unfortunately, this is an all too common reality for certain families who do not know where to turn and what to do next. It is important to educate yourself immediately to understand the most common types of birth injuries and to consult with knowledgeable birth injury lawyers in Alpharetta to get a better perspective on your next steps.
Read on to learn more about some of the most common issues that affect birth injury cases and what you should know before seeking to find the best birth injury lawyers in Alpharetta.
Causes of Common Birth Injuries
Birth injuries can turn into personal injury lawsuits in Georgia when it can be shown that the medical professional or team of medical professionals involved did not act in accordance with the standard of care that would have been provided by someone else. Birth injuries are defined as those circumstances in which a baby suffers a physical injury due to being born. This might also be referred to as birth trauma.
Some natural conditions can increase a mother and baby's chances of a birth injury such as when the baby is not head first in the birth canal, when the baby is born prematurely, when the baby is large, when the mother is extremely overweight and when there is a cesarean delivery. In some cases, however, it is the use of certain devices or improper medical care that can leave the baby suffering from birth injuries. In these circumstances, it's important to hire birth injury lawyers in Alpharetta to protect the rights of this child who may be coping with the impacts of this birth injury for months or the rest of their life.
Some of the most common birth injuries include:
- Cerebral palsy
- Bruising or swelling of the head
- Bleeding underneath cranial bones
- Breakage of blood vessels in the eyes of a baby
- Facial nerve injuries
- Cleft palate
- Spinal cord injuries
- Brachial plexus injury
- Cephalohematoma
- Perinatal asphyxia
More than one birth injury at a time might also affect your child, which can make things more complicated for your child’s future care, too.
In those circumstances, it's important for birth injury lawyers in Alpharetta to investigate the causes of these injuries as soon as possible. Unfortunately, babies are hurt every single day by negligent doctors and parents may be able to sue for medical malpractice to recover the compensation that you and the baby will need to cope with this injury. Many people are surprised to learn that the United States is the most dangerous place in the developed world to give birth.
Over 700 mothers die every year during birth and over 50,000 of them are injured.
Along with this comes tens of thousands of newborn babies who are significantly injured, many of them who will cope with permanent impacts. Some U.S. doctors fail to follow safety standards, are overworked or have not been properly trained. But as medical professionals, the legal standard that is most important for your case is whether or not they provided an acceptable standard of care. When these birth injuries occur, you need someone who has substantial knowledge about filing a medical malpractice lawsuit and understanding birth trauma to help you.
How Do I Know if My Baby Is a Birth Trauma Injury Victim?
Birth injuries are those resulting from unintentional or intentional medical neglect or improper care. These are distinct from birth defects, which are those that may have been known about or assumed by a doctor before the birth and are not in the control of the medical professional. A knowledgeable medical malpractice attorney should be retained as soon as possible to consult with you about your specific case. The injuries a baby sustains might lead to a lifetime need for medication, medical care and therapy. This can lead to substantial ongoing medical bills for parents too.
Getting a second opinion from another medical professional is one of the best ways to see if your case meets the base grounds for medical malpractice. In order to sue a doctor for medical malpractice, you must first be able to show that the doctor engaged in some type of action or inaction that led to serious injuries for the mother or the baby. When the doctor deviates from the standard of care that another medical professional would have provided, this is the foundation of a medical malpractice claim.
Some of the most common examples of doctor error in the labor and delivery room include:
- Failing to monitor the mother’s condition
- Using too much force with birthing equipment like forceps
- Not diagnosing dangerous conditions in advance
- Failing to monitor the baby’s distress signals
Understanding Liability Cases for Medical Malpractice
When you file a medical malpractice suit, you can expect that the doctor or the hospital accused will respond quickly and in a strong manner. Most hospitals have extensive legal teams in place primarily for the purpose of handling malpractice claims. In some cases, these teams might try to discourage you from continuing with a suit. Others might want you to take a settlement offer.
In any of these cases, you need to be prepared to hire an experienced birth injury lawyer right away to represent you. Your lawyer will do the talking during any early meetings and keep your case on track after you file, too.
Your lawyer might not automatically file a lawsuit in court. One common strategy is to use a demand letter to let the other side know that you intend to file and to ask for compensation at that moment. Demand letters will explain the facts of the case and how much compensation your child might need in order to recover from their injuries. Demand letters might be one way to resolve your case without going to court since the other side might agree.
However, in the event that your child suffered substantial injuries, the doctor is unlikely to agree to a demand letter without a formal lawsuit, too. You might still be able to resolve the suit outside of court in settlement even if the case does have to get filed to be taken seriously by the other side. Birth injury lawyers in Alpharetta can help you understand all the steps in your case so that you feel confident about what to expect once you file and all the options available to you.
How Do I Find the Right Lawyers to Help Me?
As you might expect, having an attorney in your corner to support you during this most difficult time period of your life can be one of the most important elements in determining whether or not your baby will be able to move on with their life and get the medical care and treatment that they need. In these circumstances, you deserve to have birth injury lawyers in Alpharetta who are dedicated to fighting hard on your behalf. Looking for an attorney requires careful consideration of:
- Their experience
- Previous case results they've been able to obtain for birth injury lawsuits.
- Their overall approach to managing your case such as how they'll communicate with you and the resources they'll use to fight it.
- Successful settlements or verdicts they've been able to achieve on behalf of their clients even in complicated cases.
- Reviews from previous clients.
This is always a good place to start by doing research on their website and looking at reviews of past clients. You can also learn more about some of the cases that they have handled, but an initial consultation with birth injury lawyers in Alpharetta is one of the best ways to know if the law firm you're considering working with is the right fit for you. During this initial consultation, you'll have better clarity over the law firm's typical approach and the experience of the attorneys associated with that firm. You will learn more about what you can expect if the process does get started and some of the common challenges and obstacles that your lawyer will be there to help guide you through. When you have questions about this process, do not hesitate to contact birth injury lawyers in Alpharetta, GA to get help.
Finding a lawyer does not have to be a difficult prospect. As a parent to a child who has suffered a birth injury, you might already have enough on your plate. It can be so challenging to work through all of the medical appointments and to recognize how this will change things for your family, but birth injury lawyers in Alpharetta can support you for the duration of your medical malpractice case.
If you’re ready to take your next steps toward recovery and moving on, . We’re happy to help you get started with no obligation.
FAQs
What percentage do most personal injury lawyers take? ›
As a general rule, the personal injury lawyer will receive 33% of the final settlement amount in the case. However, cases that go to trial often incur different costs. The goal of this fee structure is to minimize the client's financial risk in hiring an attorney to represent them.
What are birth injuries due to negligence? ›Common types of birth injuries caused by medical negligence include: Brain damage. Intrauterine fetal demise. Intraventricular hemorrhage.
What is the most money awarded in a lawsuit? ›1998 – The Tobacco Master Settlement Agreement - $206 Billion. The Tobacco Master Settlement Agreement was entered in November 1998 and is still the largest lawsuit settlement in history.
What is a success fee in personal injury cases? ›A success fee is the amount of compensation a personal injury lawyer can take to cover their general services if your claim is successful. The success fee percentage is capped at 25% by law, meaning that your lawyer or solicitor can only take up to 25% of your compensation.
Can I claim compensation for traumatic birth? ›Birth injury compensation claims can be made if the mother or child suffered an injury before, during or after childbirth. The injury needs to be a result of medical negligence – that is, when your healthcare provider fails to meet the necessary standards to keep you and baby safe.
What are the 4 conditions of negligence? ›The Four Elements of Negligence Are Duty, Breach of Duty, Damages, and Causation.
What is a common birth related injury? ›Fracture of the clavicle or collarbone is the most common fracture during labor and delivery. The clavicle may break when there is trouble delivering the baby's shoulder or during a breech delivery.
At what stage do most lawsuits settle? ›- Cases Settle When the Client Agrees that the Offer is Reasonable. ...
- A Lawyer Cannot Guarantee a Favorable Outcome in a Litigated Personal Injury Claim. ...
- Lawyers Try their Level Best in a Trial, but a Client Should have Realistic Expectations of Recovery in a Personal Injury Claim.
$150 Billion For The Family of Robert Middleton. In 1998, eight-year-old Robert Middleton was sexually assaulted, doused in gasoline, and lit on fire by then 13-year-old Don Collins. Middleton received burns over 99 percent of his body.
What is the best way to win a lawsuit? ›- Don't Litigate for Spite or Revenge. Definitely don't make your litigation decisions for vindictive reasons. ...
- Seek Mediation Instead of Litigation. ...
- Be the Master of Your Case. ...
- Listen to Your Advisers. ...
- Be Flexible.
What is a reasonable success fee? ›
When you sign a CFA, you agree to allow your solicitor to deduct a fixed percentage from your compensation if the claim is won. This is called a success fee. Legally, success fees are limited to 25% of your settlement when using a CFA. The fee is used to cover your solicitor's work and costs accrued during your claim.
How do you calculate success fee? ›The money raised has crossed the $500M mark, so the team is eligible for a success fee. Calculation: Normal Fee = 2% of $500M = $10M. Success fee = 6% of the excess of $500M.
What is the maximum success fee? ›Success and uplift %
the “uplift” or “success fee” is usually determined by the complexity and risk of the claim or defence, by reference to a %. the maximum % is 100%, which effectively doubles the solicitors fees in the event the claim or defence is successful.
The result of a settlement agreement involves the responsible party paying a certain amount to compensate for the damages caused to the victim.
What percentage of cases are settled before trial? ›Kiser, principal analyst at DecisionSet, states, “The vast majority of cases do settle — from 80 to 92 percent by some estimates.” Other sources even claim that this number is closer to 97 percent. However, not all cases are created equally.
What is the maximum contingency fee in California? ›Limits such contingency fee to 20% of the amount recovered by the plaintiff. For specified consumer-protection claims, limits court-ordered attorneys' fee awards to 20% of amount recovered in the lawsuit. Does not restrict fee arrangements for defendants' attorneys.
What is the contingency fee limit in Texas? ›Contingency fee arrangements are most common in personal injury cases and the amount is a percentage of the settlement in the case. A typical percentage is anywhere between 33.33% and 40%. Usually, a lawyer will charge a fee of 33.33% pre-suit (before trial) and 40% if the case goes into litigation.
How long does it take to get a counter offer for a settlement? ›A counteroffer is typically the act of offering an alternative number that they would like you to agree to, but you don't have to agree. Negotiations can take weeks to several months to years and usually come to an end when both parties are agreeable to a number that has been offered.
How long does it take to negotiate a settlement agreement? ›Mediation can take as little as a few hours or as much as several days. If you still cannot agree during the mediation, you might decide to file a lawsuit. Overall, the settlement negotiation process typically takes a few weeks to a few months.
Is settling better than going to trial? ›A faster, more cost-efficient process. Your litigation can end within a few months if you settle out of court, and it is much less stressful. A guaranteed outcome. Going to trial means there is no certainty you will win, but when you settle, you are guaranteed compensation for your injuries.
Why do most cases never make it to trial? ›
There aren't enough judges, courtrooms, prosecutors, police and investigators available to handle every case if it went to trial.
Do plaintiffs or defendants win more often? ›Plaintiffs won in 68% of bench trials, compared to about 54% of jury trials.
What two types of cases Cannot be taken on a contingency basis? ›However, Model Rule 1.5(d) prohibits contingency fee agreements for domestic relations matters—such as divorce cases—and for the representation of a defendant in a criminal case. Most states, including California and New York, have adopted such prohibitions on contingent fees.
How much do attorneys take from settlement California? ›Here in California, the contingency fee for a personal injury lawyer successfully winning the case on your behalf is about 33 percent – or one-third of the jury award or settlement.
What do most lawyers charge for a contingency fee? ›That said, the most common lawyer contingency fee average ends up being 33%, or ⅓ of the total earnings of a case, but can go up to 40% (in some jurisdictions) as the complexity and risk involved in taking the case increases.
What percentage is allowed for contingency? ›Typically, most construction projects use a contingency rate of 5% to 10% from the total project budget. This is typically enough to cover any unexpected costs that may arise throughout the project.
How much is contingency usually? ›Industry standard for construction risk contingency is 3-10% of total hard costs. Some developers budget contingency for soft costs as well, typically 1% percent of total project costs or 10-20% of total soft costs.
How much should you add for contingency? ›How much contingency will I need? Most construction projects use a rate of 5%-10% from the total budget to determine contingency. Typically that will cover any extra costs that might come up. However, it is often a bad idea to use a rate less than that, depending on the scale of the project.