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Birth Injury & Medical Malpractice Lawyers 2017-03-07T10:55:53+00:00

Things to think about when searching for the Best Birth Injury Law Firm

  • Our lawyers are doctors, we evaluate, workup and litigate our own cases. Sounds logical right? You would be surprised at the overwhelming number of law firms on the internet that claim to be malpractice lawyers but then refer your case out to another firm.  Before selecting a law firm, ask them, “Will your firm be handling my case or referring it out?” The attorney selection decision is extremely important as you only get once chance in court. If you would like to get the right team on your case from day one, call us for a free consultation.
  • Record setting verdicts throughout the country. We are convinced that our medical training plays a significant role in obtaining our record multi-million dollar verdicts. Birth injury cases are complex, expensive, high stakes litigation with everything on the line and only one chance to do it right. If you want to discuss your case with qualified and experienced counsel, that will handle your case all the way through, we are here for you now.  There is no charge until we win your case.
  • Questions about causes of Cerebral Palsy and long term effects. As doctors we are trained in the causes and long term effects of birth injuries. There are many causes of child disability ranging from lack of oxygen during delivery to genetic malformation. Lack of oxygen at birth is a common reason for long term disability which in many cases was caused by error and preventable. As birth injury issues are complex, it is crucial to get an independent opinion regarding what truly happened during the birth and delivery process. Because of the overwhelming expense incurred in caring for a disabled child, it is important to take action and learn what happened before it is too late. Call us now for a free and confidential conversion with our lawyer-doctors and learn the true cause of your child’s Cerebral Palsy or Birth Injury and what can be done to help. Even if your doctor or another lawyer has given you a negative opinion, call us anyway; we can help you get to the truth and make things better.

Was your child the victim of a birth injury or medical mistake resulting in a permanent disability? If so, we can help. Have you asked your doctor what happened to your baby but only received the runaround? We can help. Has an actual medical doctor reviewed your records and given you an honest answer about what happened during birth and delivery? Our lawyer-doctors can help.

Medical Malpractice Birth Injury LawyersI am Dr. Zev Gershon, medical doctor, attorney and founding law partner of Gershon, Willoughby and Getz; a law firm of lawyer-doctors and nurses. We understand the devastation, hurt and confusion that parents and loved one feel when a doctor needlessly and seriously injures a child. We know the staggering financial expense you are left with and the fact that you only have one chance to get it right in court. We understand that you have many questions and mixed emotions and we can help.

Birth injuries such as Cerebral Palsy, Erb’s Palsy, hypoxia, paralysis, brain injury, shoulder dystocia and related injuries are complex matters to prove in court. Make no mistake, doctors and hospitals will do everything possible to hide behind a wall of highly paid defense lawyers and their insurance company. If you believe your child suffered a permanent birth injury as a result of medical negligence, the doctor and hospital are going to do everything they can to evade responsibility and point you in the wrong direction. Can you imagine a physician saying “I made a mistake during the delivery of your daughter and I am sorry for the life time of damages I caused.” That will never happen. Instead hospitals and doctors pile on injustice to by denying responsibility for the permanent and expensive disabilities they caused your baby.

We know this well because we have been advocating for injured babies and their loving families for nearly 30 years. We are acutely aware of the defense blame game because the majority of the lawyers at Gershon, Willoughby and Getz are medical doctors and nurses! As medical doctors we know what to look for in birth trauma and medical malpractice cases, we know where the insurance company lawyers enjoy hiding and covering things up; we know the games they play in order to deny their basic responsibility to those they have injured. We have the medical background, training and experience to effectively fight negligent medical providers and to help protect others in the future. To see a list of record breaking and multi-million dollar verdicts we have recovered on behalf of injured children throughout the country, click here.

Selecting an experienced and effective medical malpractice law firm can be a confusing and daunting task because so many lawyers appear on the Internet.  Since you only have one chance to win in court, the selection of an appropriate firm is very important.  Like anything else on the Internet, a bit of research goes a long way in terms of determining who is the very best choice to assist your family in this important decision.  One thing that is important to look at is the trial verdicts and results that the firm has achieved in the past.  While a track record of success is not an indicator of how your case will resolve, a successful track record does show who is willing to go to court and fight aggressively for your babies future. It also tends to show who has the financial, legal and medical resources to see your case through to successful conclusion.  Like any profession, not all lawyers are created equally- frankly some are better than others.  Trial lawyers are willing to go to court and fight for you, not all lawyers are willing and able to go to court. Even among trial lawyers some are better than others, some have earned tremendous peer recognition and outstanding results, for example, see attorney profile Gershon or Willoughby.   You can tell by their verdicts and settlements who is willing and able to go to court and obtain fair and appropriate justice for your child.

Also the background and education of the lawyer(s) is highly relevant. The Firm of Gershon Willoughby and Getz is unique because the majority of our lawyers are actual medical doctors and nurses. We believe we have the finest background and training to advocate for our clients and we believe that has assisted us in obtaining record verdict and settlements throughout the country.  We also believe that the “firm” approach that we bring to each case we accept is important.  Unlike solo-practitioners for example, we roundtable all cases among all our medical doctors and nurses to determine the most effective approach to present your case in court.

Finally, determine if the law firm you are considering will be handling the case themselves or sending your case to another firm for handling.  Many law firms do not handle your case directly rather they refer you to another law firm, such as ours, to handle.  At Gershon, Willoughby and Getz our lawyers are trial lawyers and trying medical negligence cases is all we do. Your case will stay with our firm through settlement or the jury’s verdict.

Your doctor is trained by the insurance company lawyers what to say to you following a bad result.  Insurance companies and their lawyers actually provide classes to doctors to teach them how to handle patients following injuries and/or malpractice.  You will never hear a doctor say, “Sorry I made a terrible mistake, let me make that right.”  Those words are never going to be uttered.  Thus, even if your doctor told you there was nothing she could have done differently, you still should seek the advice of a qualified and experienced medical malpractice attorney to give you an unbiased opinion on your case.  Good malpractice lawyers will review your case and your medical records and tell you what happened and they will do so at no charge to you. This is the opinion you should be relying on- not your doctors.  At Gershon, Willoughby and Getz, because we are lawyer-doctors we are able to offer our clients the best of both worlds, ie. a legal opinion based upon the medicine involved in your case; generally we  do not need outside medical experts to tell us what happened. We can determine that and tell you.
No you are not! The result of serious medical malpractice is devastating on many levels.  Your child may need specialized care for the rest of their life.  The emotional trauma to the family is overwhelming while the financial drain for extended care can leave a family near the brink of financial ruin.  Somebody has to pick up the financial burden caused by the doctor, nurse or hospital.  The party best suited to pick up that financial burden is the insurance company behind your medical providers.  That is what the hospital and doctors pay insurance for.  So no, you are not a bad person because you seek the correct party- the insured party, to pay for the serious harm and permanent injuries they caused. The decision to move forward with a lawsuit is an important decision. However, the most important decision you can make is retaining the correct law firm to advocate for your child since you only have one chance to go to court.
No you do not. Medical malpractice cases are expensive to bring to court.  They require a number of medical experts to be called in court to testify to the care that was rendered and this can run well into the tens of thousands and sometimes hundreds of thousands of dollars.  Capable medical malpractice law firms advance all those expenses for you and they only take a fee from the recovery when they are successful.  Thus, while birth injury and medical malpractice cases are indeed expensive, with the majority of malpractice firms, it should not cost you a dime to pursue your case. At Gershon, Willoughby and Getz we pay all expenses for you and we only earn a fee when we recover compensation for you and your baby.
The financial burden of specialized care for your child is going to fall upon somebody.  If you do nothing, it is going to fall upon the parents and family.  Depending where you live there may be state programs available to assist and federal government subsidies to help.  While these programs can lighten the financial load, it is certainly not the same thing as substantial and appropriate compensation for the permanent injuries caused by the malpractice.  Filing a lawsuit in court is the only way to recover appropriate compensation to help defray a lifetime of expense.  Moreover, when a case is successfully resolved money can be structured so that your child has financial benefits to protect them throughout their entire life.
Not all lawyers are created equal and not all lawyers see a case the same way. Because of our medical background and formal training, he have reviewed and accepted cases that other lawyers have declined and we have recovered multi-million dollar verdicts for the families.  That’s not to say that we accept every case that we review or that every case can be won.  But we feel that our medical training as doctors helps us see things other lawyers may miss in the review of a malpractice case.  Thus, even if other lawyers have declined to represent your case, it is worth it to let our lawyer-doctors take a look and see what we think.  There is never a cost to you and you might be surprised what we find.
At Gershon, Willoughby and Getz we handle our own cases!  We are a law firm of trial lawyers who are medical doctors.  We also have a nurse lawyer on staff as well.  We believe that we are best suited to handle birth injury medical malpractice lawsuits because of our medical training which is similar to the doctors who committed the medical negligence.  We believe that few other law firms have the experience, training, knowledge, and aggressiveness that we bring to bear for our clients.  Indeed, many other law firms actually refer us their medical malpractice cases to handle.  When you contact us to review your case, you will speak with our lawyer-doctors and we will handle your case directly.
The majority of lawyers that handle personal injury cases such as medical malpractice and specifically birth injury cases handle them on a contingency fee basis.  Contingency fee basis means you do not pay the lawyer for their services out of your pocket.  The lawyer gets paid when they successfully recover money for the harms and injuries that you and your child have suffered. The lawyer gets a percentage of the financial recovery obtained in court or by settlement.  This is important because medical malpractice cases are expensive to bring to court; they take time and require the testimony of multiple expert witnesses on both sides of the case.  The average person would not be able to put up the tens of thousands of dollars of expenses that malpractice cases require; thus, malpractice attorneys will advance the case expense money for you and only recover those expenses and a fee when they win your case.  If you speak to a lawyer about your case and they request that you advance any of your own money- we suggest you seek another lawyer. At Gershon, Willoughby and Getz we advance all expense money for you and only get paid when we recover for you. We never ask you for a dime!

These are questions that we routinely answer for our clients.  We have provided answers for you here- just click on your question.  We will provide more detailed information, advice and insight into your case when we speak to you on the phone.  After a conversation we may need to obtain and review your medical records in order to give you a complete and honest medical evaluation regarding what happened during or after your delivery.  We are lawyer-doctors, we have the knowledge and training to help you and we are on your side. We will give you the best advice we can-at no charge to you.  If we think a medical mistake was made resulting in a serious and permanent birth injury, we will tell you. If we believe no mistake was made, we will tell you that as well so you can have peace of mind moving forward.  Many times families are just as grateful to hear the unbiased truth-that no medical mistake was made, so they can have closure and move forward with their lives.

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Cerebral Palsy & Birth Injuries we have Successfully Litigated

There are a variety of reasons why babies are injured at birth; many are the result of medical malpractice while some are not.  One thing is for sure however, your medical provider will always deny any wrong doing.  When a trained eye such as the lawyer-doctors and Gershon Willoughby and Getz evaluates your medical records we know what we are looking at and can tell you what really happened.

    • Brachial Plexus Injury. This condition occurs as a result of improper delivery. During a vaginal birth, a baby’s shoulder can get stuck behind the mother’s pubic bone. To prevent fatal pressure on the newborn’s neck, an obstetrician is trained how to create more room and safely remove the baby. Failing to recognize this situation timely or failure to properly respond, can result in permanent nerve damage or worse to the infant.
    • Brain Damage or Cerebral Palsy. Both of these conditions may be caused by long-term oxygen deprivation to the newborn’s brain. It may also occur from prolonged labor, improper use of forceps, a vacuum extractor, or failure to treat an infection on a timely basis. It is very important for the doctor to identify if the baby is any distress from lack of oxygen.  Babies can be starved of oxygen during the birth process for a number of reasons and your medical provider must quickly identify or be cognizant of the babies condition in order to remedy it.  If the doctor fails to identify and correct a lack of oxygen to the baby during or after delivery it will lead to a number of  serious and permanent problems which could have been avoided.
    • Wrongful Death of Mother or Child. The most common conditions that cause mothers to die during birth are placenta previa, placental abruption, uterine rupture, pulmonary embolism, and cardiac arrest. Infant deaths commonly occur from oxygen deprivation, reduced blood flow, and trauma during delivery. All of these issues are usually detectable and must be identified and remedied quickly in order to avoid long term issues or fatal outcomes.
Medical Malpractice Birth Injury Lawyers

DR. ZEV GERSHON, PARTNER

Dr. Gershon is an attorney and a doctor. He has been recognized among the “Best Lawyers in America” and a “Top Attorney” by Super Lawyers, a prestigious recognition reserved for the best attorneys. He is “AV Preeminent” rated by Martindale.

more on Dr. Gershon, Esq.

As a Doctor/Attorney, Dr. Gershon has successfully recovered millions of dollars for babies with birth defects and seriously injured victims of malpractice, including a record setting verdict in Washington D.C. for $24M. For this and other multi-million dollar verdicts & settlements nationwide, click here.

WAYNE WILLOUGHBY, PARTNER

Mr. Willoughby has earned the highest Martindale and Avvo ratings. He has been recognized as a “Super Lawyer” on multiple occasions and has been selected to teach malpractice law to Maryland’s Appellate Judges. He lectures nationally on Malpractice.

more on Mr. Willoughby, Esq.

Mr. Willoughby is nationally recognized as a highly intelligent and effective medical malpractice trial lawyer. He represents children nationwide with birth injuries and seriously injured victims of medical malpractice. He has an extensive list of multi-million dollar and record setting verdicts and recognitions. Click here to see his bio and extensive list of recognitions.

DR. RANDY GETZ, PARTNER

Dr. Getz, a doctor and malpractice attorney has been representing injured children and victims of malpractice for over two decades. Dr. Getz and the trial lawyers at Gershon, Willoughy and Getz, LLC represent clients throughout the country.

more on Dr. Getz, Esq.

Dr. Getz believes their success as a trial team can be attributed to the majority of their law partners being medical doctors. Medical Malpractice is complex litigation, but we have similar medical school training which we find is a powerful advantage that we offer to our clients. click here to learn more about Dr. Getz.

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