If you have medical bills and other losses stemming from a childbirth injury, a Georgia birth injury lawyer with Ben Crump Law, PLLC, can help you seek compensation via a medical malpractice insurance claim or lawsuit.
Your Child’s Birth Injury Could Be the Result of Medical Negligence
Birth injuries result from complications during labor and delivery. Some birth injuries are avoidable with proper care. Therefore, when issues arise, how your doctor identifies and responds to them can have a significant impact on the outcome. If your child’s birth injury is due to an error on the part of your healthcare provider, you may have a case for medical malpractice.
The following complications, if not properly addressed, can increase the risk of a birth injury:
- High birth weight (over 8 pounds)
- Difficult or prolonged labor and delivery
- Preterm labor (before 37 weeks of pregnancy)
- Breach birth or abnormal birthing position
- Abnormal fetal heartbeat
- Lack of oxygen to the fetus or mother
- Problems with the placenta or umbilical cord
Georgia Ranks Top Ten in the Nation for High Rates of Birth Injuries
According to the most recent data from the Centers for Disease Control and Prevention (CDC), Georgia has the sixth-highest preterm birth rate in the county and ranks number nine for most cesarean births, which often happens because of complications during labor and delivery. The state’s infant mortality rate is seven deaths per 100,000 live births.
If you believe your child’s birth injury resulted from a failure on the part of your doctor, do not hesitate to reach out to our team. We will investigate your case, and if medical negligence contributed to your child’s injury, we will help you prove it. Our lawyers can also assist you with a medical malpractice case if your spouse or partner suffered injuries during childbirth.
We Can Help You Pursue Awards on Behalf of Your Child and Your Family
Birth injuries can trigger physical and cognitive issues that may affect your child for years, if not a lifetime. We can help you recover compensation for your baby’s past and future healthcare needs, such as:
- Emergency medical treatment
- Medical procedures
- Medical devices and mobility aids
- Rehabilitation Services
- Long-term nursing care
- Educational services and therapies
- Modifications to your home, such as the addition of ramps, chair lifts, and railings)
If you or your spouse/partner missed work because of caring for your child, we can help you seek awards for your lost wages. We can also pursue compensation for your loss of future earning capacity if you must reduce your hours or quit your job due to your child’s care needs. If your spouse/partner suffered injuries, we can seek wage compensation related to their injury, as well.
You and Your Child Could Receive Awards for Pain and Suffering
Your child and your family may have the right to compensation for the ways in which your child’s birth injury affects everyone’s physical, mental, and emotional well-being. Pain and suffering awards may include compensation for:
- Mental anguish
- Physical impairment
- Impaired quality of life
In Georgia, there is a cap on the amount of compensation you can receive for pain and suffering. According to O.C.G.A. § 51-13-1, the maximum amount of pain and suffering awards you can win in a medical malpractice case is $350,000.
Wrongful Death Compensation in Georgia
If your child suffered a fatal birth injury, you can seek compensation for their medical expenses, funeral and burial, and any other costs arising from their injury.
If your spouse or partner died because of a childbirth injury, you may also seek compensation for the value of their lost wages, benefits, and services, as well as for the loss of their care, companionship, and support.
How Can Ben Crum Your Family?
Our team is committed to helping victims seek justice. As a parent, you have enough on your plate trying to care for your child. You do not need the added stress of your medical bills and other expenses, and you may not have the time or energy to fight with the insurance company over the money you deserve. We can focus on your securing awards so that you can focus on your loved ones.
We can start pursuing compensation with a medical malpractice insurance claim. We will submit all of the necessary paperwork, prove your provider’s negligence caused your child’s injury, and do everything in our power to achieve a sufficient settlement.
Your Time to File a Birth Injury Lawsuit is Limited
We are not afraid to take your case to trial if needed. You must file your case in civil court before the statute of limitations expires. According to O.C.G.A. § 9-3-71, you have two years to file a medical malpractice lawsuit.
The time limit begins when your child’s injury occurred or at the time it was discovered. O.C.G.A. § 9-3-33 establishes a two-year statute of limitations for wrongful death cases.
According to O.C.G.A. § 9-11-9.1, along with your case, you must also file an “affidavit of expert.” Failure to do so may result in the dismissal of your suit. This document outlines the allegations made in your suit and includes the sworn opinion of a medical expert that at least one act of negligence occurred. Our attorneys can assist with locating an expert and completing this statement.
Reach Out to Ben Crump Law, PLLC, for a Free Consultation
Ben Crump Law, PLLC, doesn’t shy away from tough cases. Our team has won millions of dollars for previous clients, including seven-figure settlements for medical malpractice victims. Working with our Georgia birth injury attorneys will cost you nothing in fees unless we win your case.
To learn more, call us for a risk-free, no-cost consultation at (800) 641-8998.