What Makes a Birth Injury Lawyer the Best?
Parents grappling with a birth injury are likely facing fear and uncertainty about the future. A skilled and experienced birth injury lawyer can advocate for their child and fight to secure the financial compensation needed for their long-term care. But what does it mean for a Georgia birth injury lawyer to be the best?
While a demonstrated track record of successful birth injury verdicts and settlements is undoubtedly essential in choosing a Georgia birth injury lawyer, those elements alone are not enough. A commitment to getting results along with compassion for each and every client is also crucial. The best Georgia birth injury lawyers have earned an exceptional reputation through top-notch client reviews and recognition from their professional peers.
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Updates on Birth Injury Lawsuits and Lawyers in Georgia
Update – July 27, 2022
Birth injury attorneys Steven Pickens, Jessica Pickens, and Matthew Benson of Mahaffey Pickens Tucker, as well as Darren Summerville and Madeline Summerville of The Summerville Firm, obtained a $30 million dollar judgement against Dr. Kendra Gamble-Webb and Monroe HMA, LLC. The baby was born at Clearview Regional Medical Center (now Piedmont Walton). The allegations in the lawsuit were that Dr. Gamble-Webb and a nurse failed to properly monitor fetal vital signs for more than half an hour. Plaintiffs complained that defendants were negligent in the timely ordering of a necessary cesarean section.
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Success Starts with Results
Birth injury litigation is a highly specialized area of law. It requires extensive research, superior analytical skills, and proficient knowledge of Georgia laws and regulations. So choosing an attorney with a strong focus on birth injury lawsuits as opposed to a general personal injury lawyer will almost certainly yield better results.
Another important consideration is an attorney’s experience before a jury. Some birth injury lawyers have a reputation for settling cases for less than a jury would likely award, just to avoid the courtroom. However, a top Georgia birth injury attorney isn’t afraid to take a case to trial if it’s in the best interest of their clients.
If it’s determined that a settlement is the most beneficial way to recover damages for a family facing a birth injury, their attorney will need to employ expert negotiating skills to secure maximum financial compensation.
Common Birth Injuries in Georgia
Birth injuries involve negligence that can occur at any stage of birth and delivery. Some of the most common birth injuries include:
- Cerebral Palsy. A medical professional must spot the signs of distress, especially during a prolonged or difficult period. The lack of oxygen to an infant’s brain can lead to cerebral palsy.
- Preeclampsia. Monitoring the mother is just as vital as monitoring the baby. High blood pressure is a common symptom for expecting mothers. And preeclampsia can lead to premature birth.
- Brachial Plexus Injuries. Trauma to the brachial plexus nerve network in the upper part of the body can potentially occur during delivery. The primary cause is when a healthcare professional twists or pulls an infant’s head too hard.
- Forceps and Vacuum Injuries. Another typical head birth injury in Georgia is caused by forceps or vacuums used during delivery. When improperly used, it can lead to swelling, bleeding, and infection.
Examples of Georgia Birth Injury Lawsuits
Willis v. the United States ($3.5 million)
In 2016, Sherecia Willis went into labor and gave birth the next day at Trinity Hospital in Augusta, Georgia. The mother alleged that the hospital staff failed to realize her baby was in fetal distress, resulting in severe brain damage.
Willis then retained the services of three Georgia attorneys to pursue damages against the hospital: Nelson Tyrone of Tyrone Law Firm, Leighton Moore of The Moore Law Firm, P.C., and Charles (Chuck) Pardue of Pardue & Coskrey. All three attorneys are among the best birth injury lawyers in Georgia. Nelson Tyrone is part of the American Association for Justice birth injury division and has been recognized by Super Lawyers, a national organization acknowledging elite attorneys, every year since 2012. Leighton Moore has over 13 years of experience as a high-stakes litigator in serious injury and wrongful death cases and has secured over $100 million in personal injury verdicts. Charles Purdue specializes in birth injury lawsuit representation for military service veterans. His skills as a birth injury litigator are evidenced by stellar reviews from current and former clients.
In early 2020, thanks to the expertise of her Georgia birth injury attorney team, Willis settled out of court with the defendants for $3.5 million.
Melissa Dempsey v. Gwinnett Health System ($13.9 million)
In 2013 a Gwinnett County State Court jury found that the defendant, Gwinnett Health System, was liable for a newborn’s severe brain damage. According to the plaintiff, Melissa Dempsey, medical staff at Gwinnett Medical Center in Lawrenceville, Georgia, failed to respond to signs of fetal distress during the birth of her daughter in August 2002. As a result, her daughter allegedly sustained oxygen deprivation and consequently suffers from several lifelong permanent impairments, including seizures and cerebral palsy.
As in the case referenced above, Nelson Tyrone of the Tyrone Law Firm secured a significant verdict for this birth injury victim. After presenting the case to a jury, they agreed that medical negligence caused the child’s disabilities and awarded the plaintiffs a nearly $14 million verdict.
Birth Injury Cases in Georgia
The Georgia Department of Public Health states that approximately 4,000 babies a year are diagnosed with birth defects. However, it does not always mean it’s a birth injury or medical malpractice. In 2012, the CDC reported that the birth trauma rate was 1.9 per 1000 live births.
According to the National Vital Statistics report, birth injury is “an impairment of the neonate’s body function or structure due to an adverse event that occurred at birth.” The most common Georgia birth-related injury typically involves the head, which can lead to cerebral palsy or Erb’s Palsy.
Birth Injury Defendants in Georgia
Most of the time, medical professionals have the best of intentions. But mistakes happen in Georgia that lead to birth injuries. It is a parent’s right to seek compensation, regardless of intention.
However, it is not always clear who was negligent. A Georgia birth injury lawsuit can include doctors, nurses, anesthesiologists, and midwives. A filing will almost always include the hospital where the birth and delivery occurred.
Some defendant facilities in Georgia birth injury lawsuits include:
- Trinity Hospital, Augusta, GA
- Houston Medical Center, Warner Robins, GA
- Gwinnett Health System, Lawrenceville, GA
- Francis Hospital, Columbus, GA
- Northside Hospital Cherokee, Canton, GA
- Phoebe Putney Memorial Hospital, Albany, GA
About Georgia Birth Injury Law
An attorney’s job is to understand the ins and outs of Georgia birth injury laws and provisions. But an injury victim should also be aware of the aspects that make a successful case.
- Birth Injury Statute of Limitations in Georgia
Most states in the U.S. have a statute of limitations when it comes to filing lawsuits. However, Georgia’s statute of limitations is a little more complicated than other jurisdictions.
The Georgia statute of limitation for birth injury lawsuits must be strictly adhered to. Generally, a birth injury plaintiff generally has until their seventh birthday for a suit to be filed. HOWEVER, CONTACT A QUALIFIED GEORGIA BIRTH INJURY IMMEDIATELY IF YOU BELIEVE YOU MAY HAVE A CASE. IMMEDIATELY MEANS TODAY!
- Liable Parties for a Birth Injury in Georgia
A Georgia birth injury case can involve any staff that attended the birth, depending on the injury. The hospital where the labor and delivery occurred is commonly listed on a birth injury lawsuit in Georgia.
Doctors, midwives, anesthesiologists, nurses, and other support staff can be liable. In specific cases, a client can sue the company that owns and operates the medical facility.
- Establishing Fault in a Birth Injury Case in Georgia
The state of Georgia holds health professionals to certain standards. (This is not meant to be a comprehensive list of obligations, duties, or responsibilities. In a birth injury case, an attorney must still establish fault, including duty and breach. Did the defendant doctor/healthcare system/medical professional/etc have a a specific duty? Did they then fail to meet that standard, resulting in a breach. A large part of a birth injury case is simply figuring out if there is a case … something the medical professionals and hospitals virtually never reveal.
- Damages for Birth Injury in Georgia
Most of the time, it is a parent who files a birth injury lawsuit on behalf of the injured child. The awarded damages go towards medical expenses and future long-term care. A portion also sometimes goes into a trust until the child is 18 years old.
The damages in a Georgia birth injury case vary and can include one or several damage types, namely economic, non-economic, and punitive damages. There are no damage caps in Georgia, except for non-economic punitive damages, which cannot exceed $250,000.
Economic damages are harder to calculate for birth injury cases because the victim could have a lifetime of wages they can never earn. Future medical expenses are calculated when seeking economic damage.
The best Georgia birth injury lawyers will always consider every potential category of damages when reviewing a case.
Steps Toward a Successful Birth Injury Case in Georgia
Retaining the best injury lawyer in Georgia is only the first step towards a successful outcome in a lawsuit. The sooner a client obtains an attorney, the better the chances they can build a stronger case on the client’s behalf.
Injury attorneys in Georgia typically offer free consultations and in-house evidence reviews before a client must pay a dime. The process will include consulting medical experts to better understand the infant’s injuries. And the most compassionate birth injury attorneys will advocate for a child and offer resources for services and assistance.
The next step can be the longest stage of a birth injury case in Georgia. Attorneys will conduct interviews, gather additional information, and examine every detail of the evidence. In some cases, this is when the defendants offer settlements. However, an expert lawyer will always prepare for a trial, even if the case never ends up inside a courtroom.
When a birth injury victim in Georgia has a qualified attorney, they have the best chance of receiving the compensation they deserve. That’s why it’s crucial to choose one of the best birth injury lawyers in Georgia when pursuing a lawsuit against negligent medical providers.