Are you struggling with the aftermath of a birth injury in Atlanta and wondering how to move forward? The team at Bayuk Pratt can offer the support and guidance you need. With over 50 years of combined experience and over $300 million recovered for injury victims, our law firm brings a wealth of knowledge and a track record of success to your case.

Frank Bayuk and Bradley Pratt, our firm’s founders, have an insider’s edge. They are former senior partners for some of the country’s largest insurance defense law firms, so they know firsthand how insurers fight serious injury claims. Today, Frank and Bradley use their insight and legal savvy to develop solid strategies to defeat insurance companies. This gives accident victims a critical advantage in pursuing compensation after devastating medical and birth injuries.

Let us put our experience and dedication to work for you. Contact Bayuk Pratt for a free initial consultation with an Atlanta birth injury lawyer.

What an Atlanta Birth Injury Attorney Can Do for Your Case

If you know or suspect you have a birth injury claim, an experienced lawyer from Bayuk Pratt can make a significant difference throughout the legal process. Here are some ways a birth injury lawyer in Atlanta can help:

Investigating the details of your case
Gathering medical records and other important documents
Consulting medical experts to support your claim
Identifying all possible sources of compensation
Calculating the full extent of your financial losses
Negotiating with insurance companies on your behalf
Filing all necessary legal documents correctly and on time
Preparing your case for trial, if necessary

Recoverable Compensation from an Atlanta Birth Injury Claim

In an Atlanta birth injury case, you can seek compensation to help you and your family deal with the financial, emotional, and physical effects of the injury. This can include compensation for:

Medical bills for past and future care
Costs for rehabilitation services
Expenses for necessary medical equipment
Lost wages if you can’t work because of the injury
Lost earning ability for future income
Pain and suffering experienced by you and your child
Emotional distress and mental anguish
Loss of enjoyment of life for you and your child
Costs for special education services if your child needs them

Who Can Commit and Be Held Responsible for Birth Injuries?

Birth injuries can result from actions or inaction during pregnancy, labor, and delivery. Some of the individuals and entities that can commit and be held responsible for these injuries include:

Doctors – Obstetricians, pediatricians, anesthesiologists, and any other doctors involved in prenatal care, labor, or delivery can be responsible for birth injuries.
Nurses and Midwives – If nurses or midwives fail to monitor the baby’s condition properly or follow a doctor’s instructions accurately, they can be liable.
Hospital Staff – Other hospital staff involved in the delivery process can also be responsible, especially if their actions or lack of action contribute to the injury.
Pharmacists – Pharmacists play a key role in preparing and dispensing medications. Errors in medication can lead to adverse effects on both mother and child during childbirth.
Hospitals and Medical Facilities – Sometimes, facilities where births take place are responsible for injuries. This can be due to inadequate staff training, poor policies, or lack of appropriate equipment.
Pharmaceutical Companies – If a birth injury results from defective drugs or medical devices used during pregnancy or delivery, the companies that made those products could be accountable.

How Do You Prove Liability in a Birth Injury Case?

To prove liability in a birth injury case, your lawyer will gather various types of evidence. This might include medical records showing the care you and your baby received. They’ll also look at birth videos or photos, if available, as well as statements from family members or hospital staff who were present.

Your attorney will also likely work with one or more expert witnesses. These experts have deep knowledge of medical practices and can explain complex medical terms and procedures in a way most people can understand. They play key roles in birth injury cases by examining the evidence and then explaining it to a judge or jury. For example, an expert might review birth records to pinpoint where the care fell short of what is standard and acceptable in medicine.

By working with expert witnesses, your birth injury lawyer in Atlanta can bridge the gap between complicated medical procedures and what the court needs to understand. They can show clearly how your healthcare provider’s actions or lack thereof led to the birth injury. In essence, expert witnesses turn complex medical facts into understandable evidence that supports your case.

Testimonials

Frank’s resume speaks for itself. It’s unusual to find a big law attorney who leaves the dark side to help real people. Without a doubt, Frank is one of the best trial lawyers in Atlanta.

- Hunter Garnett

Frank and the entire team at Bayuk Pratt LLC, were an absolute pleasure to work with. Their professionalism, attentiveness, empathic demeanor, and overall knowledge were beyond anything I could have hoped for. Being out of the state, I thought the process may be difficult for me, but Frank and his team were able to make the entire process smooth and stress free. I highly recommend Bayuk Pratt LLC for any of your legal needs.

- Billy Adkins

Christy Lambden is a thorough and thoughtful attorney. He truly cares about his clients and fights to get the best result possible.

- Marissa Torgerson

Having worked with Bayuk Pratt on a number of personal injury cases, and having tried cases with Attorney Bayuk, I can personally attest to their exceptional legal skills and dedication to client success. With Bayuk Pratt, you receive top-notch, high-powered representation on the level of the biggest corporate clients. They demonstrate a profound understanding of personal injury law and provide insightful guidance and strategic advice. Their communication is clear and consistent, making sure clients and referring attorneys are well-informed at every stage of the process. Bayuk Pratt’s commitment to achieving the best possible outcome for their clients is unmatched. I highly recommend this law firm.

- Bethany Schneider

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What Are the Requirements for Filing a Birth Injury Claim in Georgia?

To file a birth injury malpractice claim in Georgia, you must prove you had a healthcare relationship with the provider and support your claim with a detailed affidavit from a relevant medical expert.

First, there’s proving that a provider-patient relationship existed. This means you must demonstrate that you had an agreement with the healthcare provider for medical care. Essentially, if a doctor agreed to treat you and your baby as patients, this relationship is clear. However, if you only got medical advice from a doctor in passing, a provider-patient relationship likely wouldn’t exist.

Second, Georgia law requires you to provide an expert affidavit with your claim. This is a written statement from a medical expert who specializes in the same field as the healthcare provider you’re suing. The affidavit must detail at least one act of negligence by the healthcare provider that led to the birth injury. The expert’s statement proves that your claim has merit and is not a baseless accusation.

Is There a Deadline for Filing a Birth Injury Claim in Georgia?

Georgia’s birth injury statute of limitations imposes several strict deadlines that apply to birth injury claims. For most medical malpractice cases, including birth injury claims, you have two years from the date of the injury to file your lawsuit. This means if a doctor’s mistake harms you or your baby during birth, you must take legal action within two years of the date of that mistake.

However, Georgia has a special rule for malpractice incidents involving children, which includes newborns. If a malpractice injury happens to a child under 5, the filing deadline can be extended. You can file a lawsuit any time before the child turns 7 years old. This gives parents more time to discover any long-term effects of the injury that might not be clear right away.

Remember, if you miss these deadlines, you might lose your chance to file a lawsuit. It’s important to act quickly and talk to an Atlanta birth injury attorney to make sure you meet all the necessary legal requirements and deadlines.

Common Causes of Birth Injuries

Birth injuries can happen for various reasons, often due to complications during childbirth. While some causes are natural and unavoidable, others stem from medical mistakes or preventable complications. Some of the common causes of birth injuries include:

Improper use of forceps or vacuum extractors
Failure to perform necessary C-sections
Excessive force during delivery
Mismanagement of shoulder dystocia
Incorrect medications or dosages
Inadequate monitoring of fetal heart rate
Failure to detect or treat infections in the mother

Poor management of breech positions
Misinterpretation of ultrasound or other tests
Delays in addressing fetal distress
Complications from induced labor
Lack of oxygen (hypoxia or anoxia)
Mechanical trauma during delivery
Inadequate provider training or experience

What Injuries Can Babies and Mothers Experience During Childbirth?

When a baby is born, the hope is for a smooth and safe delivery. However, sometimes things don’t go as planned, and injuries can occur, such as:

Anoxic/Hypoxic Brain Injuries – These injuries occur when the baby’s brain does not receive enough oxygen (hypoxia) or receives no oxygen at all (anoxia). This can cause significant brain damage and lead to long-term disabilities.
Cerebral Palsy – This group of permanent movement disorders may appear in early childhood. It can result from damage to the baby’s brain either during birth or while the baby is still developing in the womb.
Shoulder Dystocia – This occurs when a baby’s shoulders get stuck inside the mother’s pelvis during delivery. It can lead to nerve damage in the baby’s shoulders and arms.
Brachial Plexus Injuries – This network of nerves sends signals from the spine to the shoulder, arm, and hand. Damage to these nerves can occur during birth, causing weakness, lack of movement, or even paralysis in the arm.

Mothers are also at risk of various injuries during childbirth. Here are some common types of birth injuries that affect mothers:

Perineal Tears – These are tears that occur in the perineum, the area between the vaginal opening and the anus. They can range from minor to severe, with some requiring surgical repair.
Pelvic Floor Damage – The pelvic floor muscles support the uterus, bladder, and bowels. Damage during childbirth can lead to incontinence, pain, and prolapse of pelvic organs.
Uterine Rupture – This is a rare but serious condition where the uterus tears during childbirth. It can cause severe bleeding and might require emergency surgery.
Infections – Mothers can develop infections in the uterus, bladder, or kidney during or after childbirth. These infections can range from mild to severe and require antibiotics to treat.

Contact a Birth Injury Lawyer in Atlanta Today

Are the consequences of a birth injury in Atlanta weighing on you? Let the team at Bayuk Pratt lighten your load. We’re here to offer you the support and guidance you need during this difficult time. Reach out to us now for a free, no-obligation consultation and case review, and let’s talk about how we can make things right.

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