The fear of something happening to yourself, your spouse, or your child during birth is common for many parents. Unfortunately, birth injuries to newborns due to negligent medical care happen. If you need advice from an experienced Homerville birth injury lawyer, contact the seasoned professionals at Helms Law Firm now. You do not need to face this challenging time alone.
Our compassionate attorneys have helped many families like yours, and we could fight ferociously for justice on behalf of your child and family. We are unafraid of even the most prestigious hospitals, health care organizations, and their insurers, and we could stand up for your rights through a settlement or in court.
Newborn infants are incredibly delicate, and birth injuries could manifest in many ways. Some of the most common birth injuries include skull damage, spinal damage, Erb’s palsy (a shoulder/arm injury), and collarbone fractures. Unfortunately, these injuries are often caused by negligence on the part of a health care provider.
In legal terms, negligence refers to a failure to act reasonably and responsibly in a situation where someone in the same position would have followed a standard protocol. In a birth injury claim, the negligent party could be:
In short, if a health care provider or physician failed to act responsibly, and this failure led to the injury of an infant during birth, the family is entitled to collect compensation for their losses and should seek help from a knowledgeable Homerville attorney.
When an infant is seriously hurt during delivery, the family may not immediately understand the nature and severity of the injuries. In Georgia, birth injuries have a two-year statute of limitations. That means families have two years to realize the potential costs and constraints their child may face. Once a family realizes their infant is injured, they should contact a seasoned birth injury attorney in Homerville immediately for help filing a claim and pursuing a lawsuit.
Evidence is crucial in these cases, and a skilled birth injury lawyer could help you gather everything necessary to present in court, if needed. Evidence of negligence leading to a birth injury might include:
Lawsuit-savvy providers may make it difficult to collect these records if they suspect an insurance claim or lawsuit is forthcoming. Medical records department employees may give families the runaround, claiming certain records are lost or not yet available. An attorney could help by subpoenaing records, which means having the court issue writs that demand these documents.
The providers’ insurance companies often approach families with small settlement offers that do not cover the full extent of a newborn’s injuries to avoid a case going to court. Families should not accept this settlement offer without consulting a birth injury attorney first to ensure they are getting the compensation they deserve.
If your infant was hurt during delivery, a Homerville birth injury lawyer could help you seek justice. The competent, compassionate attorneys at Helms Law Firm have experience in this area of law. We have helped many families collect the compensation they deserve, and we could help you, too. Call us today for a consultation to figure out your next steps.