Atlanta Cerebral Palsy Lawyers
A diagnosis of cerebral palsy can be confusing and frightening. And the thought that perhaps a medical provider’s negligence caused this injury adds another layer of worry. But you’ve come to the right place. We can help.
Like all medical negligence cases, those involving cerebral palsy are generally complex in nature and replete with opportunities for negligent parties to avoid taking responsibility. We diligently discover the important facts, retain world-class expert witnesses and methodically prepare cerebral palsy cases for trial in a way that maximizes the opportunity for a verdict that provides justice for our client.
What is cerebral palsy?
Simply put, cerebral palsy is a group of disorders that can involve brain and nervous system functions such as movement, learning, hearing, seeing and thinking. There are several different types of cerebral palsy, including spastic, dyskinetic, ataxic, hypotonic and mixed.
Cerebral palsy is caused by injuries or abnormalities of the brain. Most of these problems occur as the baby grows in the womb, but they can happen at any time during the first two years of life, while the baby’s brain is still developing. In some people with cerebral palsy, parts of the brain are injured due to low levels of oxygen (hypoxia) in the area. Premature infants have a slightly higher risk of developing cerebral palsy.
Cerebral palsy may also occur during early infancy as a result of several conditions, including:
- bleeding in the brain;
- brain infections (encephalitis, meningitis, herpes simplex infections);
- head injury;
- infections in the mother during pregnancy (rubella); and
- severe jaundice.
Although healthcare provider error is not to blame in all, or even most, cases of cerebral palsy, negligent care by a doctor or nurse (in the form of misreading electronic fetal monitor strips, misreading sonograms, improperly using vacuum extractors or delaying a needed C-section, just to name a few) is the cause of some cases of cerebral palsy. If you, your child or a loved one have suffered as a result of cerebral palsy that may have been caused by a healthcare provider, we can obtain the necessary medical records and have an expert physician review the file free of charge to determine whether a doctor or other healthcare provider was negligent.
What is the statute of limitation for a cerebral palsy injury?
Generally, the statute of limitation for medical malpractice in Georgia is two years from the date of the negligent care. For children, the statute of limitation is typically tolled (or paused) until the child’s 5th birthday, which means that the statute runs (or expires) on the child’s 7th birthday.
However, certain circumstances can extend the statute of limitation (for example, when a doctor conceals negligent care that’s later discovered). Other scenarios can involve shorter time periods within which a case must be pursued (for example, when the negligent provider is employed by a government entity, which can trigger claim notification deadlines as short as six months from the date of the negligent care). Further, some specific types of malpractice, such as when a foreign object is left inside a patient after a surgery, have unique statutes of limitation (for foreign objects, it’s one year from the date the object is discovered).
And to make matters more confusing, medical malpractice cases are also subject to a five-year statute of repose. This is intended to be a “final deadline,” beyond which a medical malpractice claim cannot be filed for any reason. But it doesn’t always work that way; their are some exceptions.
So, the best answer: it depends. And our best guidance: don’t try to determine the statute of limitation on your own; contact us and we’ll be more than happy to collect and analyze the facts needed to provide you with the correct answer.
Our medical malpractice lawyers are cerebral palsy experts.
Tens of millions of dollars in verdicts and settlements validate our commitment to doing medical malpractice litigation—and doing it better than any other law firm. We are immersed in medical negligence litigation every day, quickly spotting trends in cerebral palsy as they develop, pioneering new legal strategies and tactics to combat the ever-changing insurance defense industry, and constantly discussing our clients’ cases with leading medical experts around the country. We are always honing our skills as cerebral palsy attorneys. Nobody does it better.
Our reputation for handling cerebral palsy cases adds value to your case.
Insurance company lawyers who defend cerebral palsy know us. In fact, most all of the major players in the insurance defense industry in Georgia know who we are, and what we’re capable of doing in a courtroom. They know about our results, because they have seen us in action. And they know that when we pursue a case, we will never settle for anything less than fair treatment for our client in the form of full financial compensation. Choosing Davis Adams means leveraging our years of experience, and our reputation for excellence, to help maximize your recovery.
Having an experienced cerebral palsy malpractice lawyer matters.
Jess Davis and Chad Adams cut their teeth handling the most complex, high-stakes medical malpractice cases, typically regarded as among the most complicated of all personal injury matters. Routinely getting extraordinary results for their clients in cases other medical malpractice lawyers were turning down, they quickly became the “go-to” attorneys to whom other Georgia lawyers refer tough cases.
How does this tangibly help our clients? We have the unique ability to quickly read and digest volumes of birth records and monitoring strips, to pick up the telephone and speak confidently to our clients’ treating physicians about their diagnoses and prognoses, and to instantly reach the top cerebral palsy experts at the best hospitals and universities in the world to consult on our clients’ cases. This rare expertise is a game changer for our cerebral palsy injury clients, and sets us apart from other personal injury firms who merely dabble in medical negligence cases without really knowing what they’re doing.
We can handle your cerebral palsy case wherever you live.
Davis Adams is headquartered in metro Atlanta, but our reach is statewide. We routinely represent Georgia medical malpractice victims, including those harmed by cerebral palsy, in all parts of Georgia, including Macon, Savannah, Columbus, and Albany. Indeed, our geographic reach is evidenced by the fact that our firm’s largest settlement ($17,000,000) came in Fulton County, while our largest verdict ($10,000,000) came in rural Jefferson County. So, wherever you reside in Georgia, selecting the best lawyer is more important than hiring the closest lawyer. As a client, you have just one opportunity to obtain justice, and we are always honored when that chance it entrusted to us, wherever you happen to be located.
How much is my cerebral palsy case worth?
Most people who contact our firm do so reluctantly. They aren’t excited about the possibility of having to sue a doctor or nurse for malpractice, and they understand that money won’t solve all of their problems—and certainly can’t heal their injury. But financial compensation is the only remedy available through the civil justice system; it’s the only form of justice the law allows under these circumstances. We can only provide our clients with guidance as to the fair value of their cases after the case has been fully investigated. The factors we will consider include:
Economic damages, including:
- past medical bills;
- future/projected medical expenses, including life-care plans;
- past lost income; and
- future lost income.
Non-economic damages, including:
- physical pain and suffering;
- mental or emotional pain and suffering;
- loss of consortium (companionship); and
- the full value of a life (in wrongful death cases).
Often cerebral palsy cases in Georgia are settled at mediation, which allows our clients to avoid the risk and emotional toll associated with trial, and to end their case with certainty. Other times, mediation is unsuccessful, and we proceed to trial and ask a jury to determine our client’s compensation. A significant percentage of our $75 million in recovered funds for our clients is the result of trial verdicts, meaning that the attorneys hired to defend negligent parties know we are fully prepared to meet them in a courtroom if the case cannot otherwise be resolved to our clients’ satisfaction.
Fewer cases, more personal attention, better results.
Davis Adams declines to accept the vast majority of cases presented to our firm. The fit has to be just right: the right client with the right type of case, where we feel like our firm can have the maximum positive impact. And while it may seem counterintuitive to turn down revenue-generating business, we are committed to doing outstanding, hands-on work for a limited number of catastrophically injured clients instead of employing a team of less experienced associate attorneys to churn through a high-volume workload.
We simply refuse to become one of those law firms at which the experienced trial lawyers only get involved in the later stages of the case, if at all. From day one, our clients have the collective time, attention, energy, and experience of the seasoned medical malpractice attorneys who will be handling their case at trial, which translates to better representation, and better financial recoveries.
Other lawyers often ask, “Wouldn’t it just be easier to hire some young associate attorneys to handle the unimportant parts of your cases?” That question represents a fundamental misunderstanding of how medical malpractice cases are won or lost, and emphasizes the importance of hiring an experienced medical negligence attorney. There are no unimportant tasks in the cases we handle; victory is always in the details and is never achieved at the maximum level without bringing to bear the full weight of our firm’s substantial experience, dogged determination and blatant refusal to settle for less than our clients deserve.
We do not accept any payment for our work on your cerebral palsy case unless you win.
Davis Adams only represents cerebral palsy victims on a contingency basis, which means that if we do not recover money for our clients, we refuse to accept payment for our services, or even reimbursement for the money we’ve spent. Additionally, our contingency fee, while reflective of our firm’s quality and success, is nonetheless lower than the fee charged by some firms.