Down Syndrome Lawsuit Cases In Roswell GA

Down Syndrome CompensationBefore giving birth in Roswell, GA, virtually all mothers undergo a variety of tests to diagnose the health of their babies before they’re born. The results of these tests are often used to diagnose the likelihood of a baby being born with certain disorders, including Down Syndrome. While these tests, and their subsequent analysis are generally carried out the in the proper manner, sometimes mistakes are made, and when this happens, it can create terrible consequences.

Down Syndrome is a condition which is believed to be genetic, and it often presents physical symptoms such as poorly developed physical features, decreased learning ability and poor impulse control. More serious side effects may include the early onset of dementia, septal defects in the heart and hypothyroidism. As a result, a child born with Down Syndrome may go on to require expensive care for the rest of their life, meaning families of Down Syndrome children may find themselves facing large medical bills and missed time from work.

Due to the possibility of these problems, some expectant mothers who have been told that their baby will be born with Down Syndrome opt to terminate their pregnancies. They often do this to spare themselves and their child a lifetime of hardship. Many of these mothers make this difficult decision based on test results given by their doctor, and many would not have made this decision otherwise. Unfortunately, when a doctor incorrectly diagnoses Down Syndrome in an otherwise healthy baby and the mother terminates the pregnancy, the results can be devastating.

Mothers placed in this position may suffer extreme emotional upset after terminating their healthy pregnancies, and they may have also spent a large amount of money for advanced tests. Furthermore, mothers who give birth to a child with Down Syndrome who would have otherwise terminated their pregnancy had they been given screening options may also suffer emotional and financial upset. This can happen in situations where a doctor misreads or misinterprets test results as well, or when a doctor fails to perform these tests at all.

If you’re in the Roswell, GA area, and you’ve suffered due to a doctor’s failure to perform necessary Down Syndrome tests, or if you have terminated your pregnancy due to a Down Syndrome diagnosis, only to find out the baby would have been healthy, you may be due compensation. Eric J. Hertz, of the Hertz Law Firm, is available to help mothers and families in the Roswell area to seek the compensation they deserve in such cases. The Hertz Law Firm is dedicated to assisting individuals who have suffered due to medical malpractice during this difficult time in their lives, and Eric J. Hertz and his staff can help you too. The staff at the Hertz Law Firm understands that your Down Syndrome case may be a very sensitive issue, and they are more than willing to give compassionate and professional advice to help you move forward.

To find out more information on how Eric J. Hertz can help you to recover from your Down Syndrome case, please visit today.

For further information please contact us.

Georgia’s Workers’ Compensation Law

Georgia law requires most employers to carry insurance in case their employees get hurt on the job.  This insurance is called Workers’ Compensation Insurance and requires the employer to pay for the employee’s injury-related medical expenses and some lost wages (called indemnity benefits) during the time the employee is disabled from work.  Workers’ compensation insurance can also compensate the dependents of an employee that dies from an injury that occurred on the job.

Employees are covered under workers’ compensation insurance from the first day that they set foot on the job.  Every employer with more than three employees is obligated under Georgia law to purchase workers’ compensation insurance.  An employee can verify that their employer carries workers’ compensation insurance by visiting the State Board of Workers’ Compensation website at

Workers’ compensation is unique in that it stands as a universal way for employees to recover for their injuries without having to prove that the employer is at fault for acting negligently.  To recover, all the employee must show is that he or she sustained an injury during the course and scope of the employment.  In exchange for this no-fault requirement, the employee gives up his or her right to sue for pain and suffering damages in court – meaning workers’ compensation generally is the exclusive remedy for injuries sustained on the job.

Under Georgia’s workers’ compensation law, employees must report all accidents or injuries immediately to the employer, their boss or their supervisor.  An employee that fails to immediately report an injury to his or her employer risks losing the right to collect workers’ compensation payments.

Once the employee files a workers’ compensation claim, he or she may visit any one of the panel of physicians approved by the workers’ compensation insurance carrier.  Generally, the employer is required to provide a list of multiple physicians to the employee.  This gives the employee the ability to select a physician that that makes the patient feel comfortable.  Most treatment for the on-the-job injury will be covered by the workers’ compensation insurance.

The workers’ compensation Notice of Claim must be filed soon after the injury occurs.  Once the appropriate documentation is filed, the employee may request a hearing before an administrative law judge to present further evidence as to the amount of compensation.  Contact a knowledgeable and experienced workers’ compensation attorney if you have any questions regarding your rights under workers’ compensation.


DISCLAIMER:  The above article is provided for information purposes only and is not intended to be, nor should it be considered, legal advice.  Legal advice can only be given by a licensed attorney in your jurisdiction following an individualized consultation.  If you are seeking legal advice, please contact an attorney in your area.