You and your family have been waiting for months to welcome your baby. By all rights, you expected the birth to be safe and medically correct. If you’re reading this, we’re sorry that you or someone you love has been injured during a birth. There are few times in life more devastating than putting your future on hold because of a birth injury.
We can’t make it better. As personal injury attorneys, however, we can make sure you are compensated for your injuries so that you can receive the necessary medical care, even it’s for long-term treatment.
Call our Birth Injury Lawyers at 404-400-4000 for a free and confidential legal opinion. It’s important to know your rights so you can best serve your baby or loved one.
My baby was injured during the birth process. What should I do?
First, we are very sorry for your baby’s injury. There is nothing harder than watching your helpless newborn suffer. We can’t take away the physical pain, but we can help. While you and your baby get medical treatment, we can pursue a personal injury claim to pay for necessary costs. And if there was any way to prevent this injury, we want to guarantee it won’t happen to another family.
My child and I were both injured during the birth. Can we both file a personal injury case?
You and your child have the right to separate claims. Just as both of you will need separate medical treatments, both of you have the right to compensation. John Foy & Associates can pursue claims for both of you. And we can help set up a trust for your baby so that treatment is paid for properly and over time.
What kinds of damages can you seek in a birth injury case?
As in all personal injury claims, you are eligible for three kinds of compensation. Mother and child are eligible for all necessary medical costs, including future treatment. The baby, especially, may need treatment and support the rest of his or her life. The mother is eligible for any wages she has lost because of the birth injury. And both are eligible for pain and suffering costs.
In the tragic case of a death resulting from birth injuries, the proper family members can file a wrongful death claim. Give our Birth Injury Lawyers a call at 404-400-4000 to discuss your case. You’re not obligated to use us if we talk.
What are the common injuries that occur during birth?
Serious birth injuries have dropped dramatically in the last decades because of improved medical care and prenatal assessments. And many injuries that occur at birth easily resolve without treatment. That said, serious injuries do still occur, including:
- Bleeding in the baby’s brain
- Nerve injury, including nerve paralysis
- Broken bones
- Loss of oxygen, resulting in damage to the organs, especially the brain and kidneys
- Cerebral palsy
- Erb’s Palsy
- Spinal cord injury
- Internal bleeding
- Umbilical cord strangulation
What are the common causes of a birth injury?
Some of the common causes of a birth injury include:
- Failure to notice changes in the baby’s or mother’s condition
- Failure to bring in a specialist
- Untreated maternal infection
- Failure to diagnose or treat a labor complication
- Failure or delay in ordering a caesarian section
- The use of forceps or suctions during delivery
- The mother is very overweight
Who receives compensation in a successfulbirth injury case?
In a successful birth injury case, the injured party receives compensation. Generally the injured party is the mother or baby, or sometimes both. Each would receive a settlement in a successful case. If your baby is injured and you are not, your baby would receive the compensation. This is often put into a trust so that your baby’s medical treatment is guaranteed and protected throughout a lifetime. The court often demands that a trust be set up for a juvenile or even an adult who is incapable of making decisions. John Foy & Associates can help set up the trust so that no matter what happens to you, your baby will be protected.
I have good health insurance. Do I still need a personal injury attorney after a birth injury?
Even if you have excellent health insurance, you may need more than your insurance company can offer. Your insurance company cannot pay for certain unexpected costs, such as lost wages or pain and suffering. Your health insurance may have a cap on treatment. Or you may lose that insurance if you or your spouse changes jobs. You and your baby need guaranteed care for as long as you need it.
In some cases, your baby may require up to $1 million in lifetime care. You may need a trust set up to help your baby as he gets older, one that will provide care for him even if you can’t.
Health insurance companies are huge billion-dollar organizations with legions of attorneys and accountants to protect their interests. Let a personal injury attorney with experience fighting the big companies protect the interest of you and your baby.
I can’t afford a medical expert to help prove that the birth injury wasn’t my fault. What should I do?
You don’t need endless resources to hire medical experts. That’s why you retain a personal injury attorney. John Foy & Associates has been in Atlanta for more than 20 years. We have long, established ties with the medical experts who can clinically examine your case.
We are close to the Atlanta medical community, including professionals who will care for our clients and wait for payment until there is a successful settlement.
We employ the medical experts–you do not. And because we’re a large, established firm, we have the resources to hire the best people. We’re in no rush to settle.
I am having trouble getting good medical care for my baby’s birth injury. Can John Foy & Associates help me?
John Foy & Associates can help you maneuver the complicated medical path of getting care for your baby’s birth injury. We are Atlanta citizens with deep ties to our medical neighbors. We have experience with these sorts of cases and we know where to turn.
In addition, we urge you to get the state resources you are already paying for in the Georgia Dept. of Public Health’s Babies Can’t Wait program for newborns to age 3. This program has an array of services to help special need babies. This program is available to all residents, even if you have the resources to pay for private services.
How can John Foy & Associates help me and my child?
John Foy & Associates was established more than 20 years ago by our founder, John Foy, to help the people of Atlanta who have been injured by someone else’s negligence. We are dedicated to being part of the community and to helping those who can’t help themselves.
We have more than 20 attorneys and almost 100 staff members who have years of experience fighting birth injury claim. Your baby needs ethical, honest representation. You need legal advice so that your child can get the necessary care, even if it’s for a lifetime of care. You only have one chance to pursue a settlement for your child. Give us a call at 404-400-4000 for a free, private consultation.