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Birth Injury Lawyers

Most families find childbirth to be a joyful moment. But sometimes, babies are born with severe injuries that require a lifetime of special care and treatment.

If the actions of a doctor or inactions were below the medical standard of care and the birth injury caused damages, you may have grounds for an action for malpractice.

Medical Malpractice

The majority of births are healthy and happy, but sometimes doctors, nurses, and other healthcare professionals make a mistake. These errors can lead to a variety of serious injuries for mothers and infants. In many instances, these errors result from medical negligence. Atlanta birth injury lawyers can help families file claims to recover compensation from negligent healthcare providers.

The first step is to prove that the doctor was obligated to the plaintiff the duty of care. This obligation can be proven through medical expert testimony or any other evidence that proves the healthcare provider did not adhere to the standards of their profession in the specific case. This standard could be set out in the laws and regulations that regulate the healthcare industry or professional institutions, like medical boards.

The next step is to establish that the breach of duty of care resulted in an injury. This is possible if the healthcare provider fails to treat the injury or take other steps to prevent injuries.

A prime example of negligence would be the doctor's failure to request an emergency C-section when the mother's contractions became progressively stronger. The failure to act could lead to a wrongful death.

Another instance of negligence is a healthcare professional who isn't able to monitor the baby's heartbeat during labor or doctors who diagnose the mother's health wrongly prior to the birth. In these instances the doctor might not to inform parents of their treatment options and the risks that are involved.

When a child is born with a birth defect the family could be faced with a host of costs like ongoing medical bills and compensation to pay for the long-term consequences. Atlanta birth injury lawyer ReShea Balams works with clients across Georgia to hold negligent medical professionals accountable for their errors. She helps her clients to get compensation for their emotional and financial loss.

Birth Injuries

While many births are joyful events, not all are without complications. In fact, three of every 100 births are associated with a serious birth injury. While some injuries are avoidable most of the ailments that arise during labor and birth result from medical negligence. Our Atlanta birth injury lawyers can assist you to determine the possibility that your child's birth injury was the result of medical malpractice during labor or delivery.

Birth injuries can be a major issue for families, particularly when the condition affects the child's life. If your child's illness was the result of medical negligence, you may be entitled to compensation for future treatment, suffering and pain as well as lost wages and other damages.

The term "birth injuries" is used in broad terms and could refer to both physical and psychological trauma. Physical birth injuries include everything from skull fractures to bruises. Brain injuries can result from a deficiency of oxygen (hypoxic ischemic cerephalopathy), causing cerebral palsy or developmental delays. They may also be caused by spinal cord injuries, which can lead to paralysis or amputation.

In the same way, emotional birth traumas can also include post-traumatic stress disorders and other psychological trauma stemming from a negligent medical birth. These kinds of birth injuries are more difficult to quantify, but they can be equally serious.

Many birth injury atlanta defects can be prevented by identifying the mother's risk factors for these issues before the birth. Doctors can then prepare for any potential problems and provide preventive procedures, like an amniocentesis. A physician cannot prevent symptoms that are caused by genetic problems or preexisting conditions, even if the doctor is aware of them prior to the birth of the baby.

Despite the many tests performed during a pregnancy, not all problems are easily detected or prevented. For example, a baby may suffer skull fractures as a result of improper use of a delivery tool or excessive force during the delivery process. This can lead to the development of hypoxic-ischemic brain encephalopathy and/or cerebral palsy and also the condition called Erb's palsy, which involves damage to the nerves in the upper arm. These can result in weakness or paralysis in that arm.

Damages

When a child is born with a birth defect, it can have a negative effect on the family not only physically but as well emotionally. The damages granted in a lawsuit are designed to pay the family back for the losses. The amount of compensation awarded depends on a variety of aspects, including the nature and severity of the injury, as well as the effect it has had on the child's life.

A good Atlanta birth injury lawyer can assist families calculate their losses that are usually comprised of economic and non-economic losses. Economic damages include the costs of medical treatment, future healthcare requirements, and other expenses. A birth injury attorney can help determine the past and future cost of a child's injuries through working with experts and looking over medical records, doctor's advice, and expert opinions.

A birth injury attorney will collaborate with financial and medical experts to develop an Life Care Plan, which will consider the consequences of a child's injury on their future. This could include the need for assistive devices, ongoing therapy as well as educational interventions, and other expenses related to the injury.

A lot of birth injury cases end in settlements, not trials. An experienced birth injury lawyer is familiar with the medicine involved, the local courts and Georgia juries and is able to negotiate effectively on a family's behalf. If a settlement is not reached, the attorney will file a lawsuit for medical negligence on behalf of the family and collect additional evidence through discovery. This includes sworn testimonies from witnesses.

It is crucial that parents of injured children keep accurate documents and receipts to prove the claims they make in their legal case. Failure to maintain these records can impede the case and decrease the amount awarded by a court or insurance company. For this reason, it is essential to speak with an attorney who has expertise in medical malpractice law and who can handle complicated cases that involve birth injuries. The lawyer's expertise will ensure that the doctor or hospital is accountable for their actions and ensure that a fair settlement is reached.

Statute of Limitations

As a pregnant mother you depend on doctors and nurses to ensure that the birth of your child is as safe as it can be. Unfortunately healthcare professionals make mistakes. These errors can cause serious injuries to mother and child. If the injuries are the result of medical negligence, the victims may sue.

An attorney can investigate the claim and determine who was responsible for the injuries your child sustained. They can determine the amount of damages you could receive, including reimbursement for medical expenses and longer-term needs.

It is recommended to seek legal advice as soon as possible. The statute of limitation is the maximum time period you are required to bring a lawsuit. The clock begins at the date of the incident. If you do not meet the deadline, your case may be dismissed.

For adults the statute of limitations for Georgia is two years from the date of injury. For cases involving children the statute of limitations is different. Georgia's Official Annotated Code 9-3-73 provides that you may make a claim for medical negligence against a doctor for a birth defect up until the child reaches age five.

In medical malpractice cases, a plaintiff must show that their healthcare provider owed them an obligation to provide them with the best level of medical treatment. The plaintiff must also show that the healthcare provider violated this duty by engaging in an omission or negligent act which caused the injury. The Atlanta birth injury lawyers at Miller Weisbrod Olesky will hire one or more medical experts to prove that the healthcare professional's actions or inactions violated the standard of care.

The amount of damages that are that are awarded in a medical negligence case is contingent on the severity and extent of the injuries and how they impact the life of the victim and the lives of their family. This is the reason it's important to seek out the help of an experienced birth injury attorney. They can assist you in constructing a strong case to secure the compensation you are entitled to. They can also collect all the documents and information you require to file your claim.