If your child suffered a brachial plexus injury during birth, our Atlanta brachial plexus injury lawyers can help.
If you’ve landed on this web page, you’re probably hurting because your child suffered a brachial plexus injury at birth. So before we share more information about our firm’s experience handling brachial plexus injury cases, please know this: we’re sorry. But also know that you’ve come to the right place. We’ve successfully navigated this path with other children after suffering a brachial plexus injury in Atlanta and throughout Georgia, and we’ll take good care of your child too. Below, we’ve tried to anticipate some questions you might have.
How do brachial plexus injuries happen?
Introduction to Brachial Plexus Malpractice
Brachial plexus malpractice occurs when healthcare providers fail to meet the standard of care expected during childbirth, leading to injury or damage to the brachial plexus nerves in the baby’s shoulder area. The brachial plexus is a network of nerves that control the movement and sensation in the arm and hand. During childbirth, undue stress or improper handling of the infant’s shoulder region can result in stretching, tearing, or damage to these crucial nerves. This condition can lead to long-term consequences for the child, including impaired mobility and function of the affected arm.
Causes of Brachial Plexus Malpractice
Several factors can contribute to brachial plexus malpractice. The most common cause is a failure to appropriately respond to a condition known as shoulder dystocia during labor and delivery. Shoulder dystocia occurs when the baby’s head passes through the birth canal, but the shoulders become stuck behind the mother’s pelvic bone. Healthcare providers must employ proper techniques and maneuvers to safely dislodge the infant’s shoulders and prevent nerve injury. Negligence in these critical moments, such as excessive force or improper maneuvers, can lead to brachial plexus injuries.
Identifying Medical Negligence in Brachial Plexus Cases
Brachial plexus injuries often involve medical negligence, which can take various forms. These include inadequate prenatal care and assessment, failure to recognize risk factors for shoulder dystocia, or failure to properly communicate and coordinate care during labor and delivery. Moreover, medical professionals may also neglect to obtain informed consent, inform parents of potential risks, or offer alternative delivery methods in high-risk situations, contributing to the occurrence of brachial plexus injuries.
Legal Options for Brachial Plexus Malpractice Victims
Families whose children have suffered brachial plexus injuries due to medical negligence have the right to seek legal remedies to address the physical, emotional, and financial challenges they face. Our Georgia law firm specializes in handling birth injury cases, including brachial plexus malpractice. We have a proven track record of advocating for families affected by medical negligence, ensuring they receive the compensation they deserve for medical expenses, ongoing care, and pain and suffering. Our experienced attorneys are dedicated to holding negligent healthcare providers accountable for their actions or omissions.
Contact Our Georgia Brachial Plexus Malpractice Attorneys
If you believe your child has experienced a brachial plexus injury due to medical negligence during childbirth, don’t hesitate to contact our skilled attorneys. We offer a free consultation to assess your case, answer your questions, and provide you with the guidance and representation you need to pursue justice and secure the necessary compensation for your child’s future care and well-being. Our commitment to our clients extends beyond the legal process as we strive to provide compassionate support during this challenging time. Contact us today to schedule a consultation and learn how we can help you.
Can any personal injury attorney handle my brachial plexus case?
No. That’s like asking, “I need brain surgery; can my primary care provider do it?” For brain surgery, you need a brain surgeon. For a medical malpractice case, you need a medical malpractice attorney. Davis Adams exclusively represents medical malpractice victims; that’s why you won’t find information about personal injury cases on this website. In contrast, most other firms that solicit medical malpractice clients primarily handle car wrecks and other personal injury cases. Just visit their websites, and you’ll see.
You have one opportunity to make the right decision for your Georgia medical malpractice case. We recommend asking every lawyer the following questions before making your choice:
Is your practice dedicated exclusively to medical malpractice cases?
If not, what percentage of your firm’s cases involve medical malpractice?
How many medical malpractice cases in Georgia have you successfully handled in the past 12 months?
Can you provide examples of Georgia medical malpractice cases similar to mine that you’ve successfully resolved?
Is your firm based in Georgia, with a long history of winning cases throughout the state?
When you’ve asked these questions and listened to the responses, you’ll likely discover that few law firms — other than Davis Adams — can provide good answers. We’d be honored to have the opportunity to speak with you.
How much does Davis Adams charge to handle brachial plexus cases?
Like all reputable medical malpractice law firms in Georgia, our firm operates on a contingency fee model. If we recover money for our clients, we earn a percentage. If we don’t recover any money, we’re paid nothing. Don’t be fooled by the flashy TV and billboard lawyers who advertise “No fee unless you win” as if they’re offering a special deal. They’re not – all reputable law firms offer the same contingency fee payment structure.
Who can file a brachial plexus injury case in Georgia?
In Georgia, several parties can potentially sue for a brachial plexus injury sustained during birth, depending on the circumstances and the specific details of the case. But generally speaking, a birth injury lawsuit is most often filed by the parents of the injured child (1) for claims the parents possess (typically related to medical bills), and (2) on behalf of the injured child for claims the child possesses (typically related to pain and suffering, and sometimes including medical bills that may accrue once the child becomes an adult). In some situations, a representative of the injured child other than the parent may pursue a claim on behalf of the injured child.
It’s important to note that brachial plexus birth injury cases can be complex, and the eligibility to sue may vary depending on the specific circumstances of the injury. Consulting with an experienced medical malpractice attorney in Georgia is crucial to determine the appropriate course of action and ensure that your rights are protected.
How long will my brachial plexus case take?
Every Georgia medical malpractice case involving a brachial plexus injury is different. Some take a few months, and some take a few years. As a general rule, we’ve traditionally advised our clients that their case will likely settle or go to trial within 24 months of our firm being hired. However, as the court system continues to recover from the Covid backlog, getting a case to trial now takes closer to 36 months.
How much is my brachial plexus injury case worth?
We’d encourage you to run — don’t walk — away from any lawyer who tells you what your brachial plexus injury case is “worth” before doing the work necessary to answer that question honestly. Before any lawyer can begin to value your case, they must engage you as a client, meet with you to hear and understand the story of what happened, order and analyze your medical records, hire expert witnesses, determine the venue for your case (the county in which the lawsuit would be filed), and confirm that amount of insurance coverage available from the defendant(s). Until those tasks are completed, no good lawyer will attempt to give you a reliable estimate as to what your case may be worth.
Does Davis Adams take brachial plexus cases of all sizes?
Because our firm is designed to be small and highly specialized, we’re selective in the cases we can take. At any given time, we’re typically litigating about 10 cases — and each year, we receive about 1700 inquiries from prospective clients. While we’d like to help more people, we’re not willing to sacrifice the quality of our work. Thus, we limit our engagements to those involving death or catastrophic harm, where we feel like we can make the greatest impact for the client.
Will my brachial plexus case go to trial?
The majority of Georgia medical malpractice cases are resolved through settlements prior to reaching trial, but it’s crucial to approach each case with the possibility of trial in mind from the very beginning. The reason is simple: we cannot predict which cases will ultimately go before a jury. Consequently, our medical malpractice lawyers litigate every case with a focus on trial preparation. This approach not only strengthens our client’s position during pre-trial settlement negotiations but also ensures that we are fully prepared to present our case to a jury should a negotiated resolution prove unattainable.
Does Davis Adams handle brachial plexus cases outside of Georgia?
Yes, we routinely take complex cases around the country that require our advanced level of medical negligence expertise. To date, we’ve helped medical malpractice victims in 46 states.
Why should I hire Davis Adams?
Our marketing people tell us this should be the first FAQ, not the last. We disagree. You should have the opportunity to learn who we are and what we’re all about before we ask for your trust in handling your medical malpractice case. We hope the information you’ve already seen gives you a sense of what makes us different, and better.
Why do we think we’re better?
First, we’re laser-focused on one thing: helping medical malpractice victims in serious cases, all day, every day. That’s a commitment we’ve made. By contrast, most other lawyers claiming to handle medical malpractice cases spend the majority of their time working on matters other than medical malpractice — car and truck wrecks, etc. Our dedication to those injured by medical negligence sets us apart.
Second, we know Georgia; it’s home for us and always has been. We’ve earned our reputation as effective and respected Georgia medical malpractice attorneys among judges, court clerks, defense lawyers, risk managers, claims adjusters, and mediators over nearly two decades. Our deep local knowledge and long-standing relationships in the legal and medical communities are absolutely essential to getting the best results for our clients.
Finally, we’ve consistently achieved extraordinary results for victims of medical negligence in Atlanta and throughout Georgia. You can see what we’ve accomplished on the Case Results page of this website, and what our clients think of us on the Client Reviews page. The people who’ve hired and trusted us in their time of greatest need are glad they did. And that’s what matters most of all.
An unfortunate trait of lawyers is that sometimes we talk when we should instead just listen. So that’s what we do first: we listen to your story, we hear what you’ve been through, and we learn as much as possible about your pain.
You’ve been through enough.
A healthcare provider you trusted for healing instead has caused harm. Even worse, when you ask questions about what went wrong, you’re unlikely to get honest answers because while your doctor should be talking to you, they are talking to their insurance company.
Let our Atlanta brachial plexus injury lawyers take it from here.
The physical and emotional load you’re carrying right now is heavy — let us help. If your child has suffered a brachial plexus injury during birth, we know exactly what to do, and we’re ready to get to work. Please contact us today so we can get started.