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Birth Injury Lawyers
Many families consider birth to be a joyful occasion. Sometimes babies are born with serious injuries that require a lifetime of special care.
If the actions of a doctor, or inactions were below the medical standard of care and the birth injury led to damages, you may be entitled to a malpractice claim.
Medical Malpractice
Most births are healthy and happy, however doctors, nurses and other healthcare professionals may make mistakes. These errors can cause numerous serious injuries for mothers and infants. These mistakes are often the result of medical malpractice. Atlanta birth injury attorneys can help families file claims for compensation against negligent healthcare providers.
The first step is establishing that the doctor was bound by a duty to the plaintiff. This obligation can be established through medical expert testimony, or any other evidence that proves the healthcare provider did not adhere to the standards of their profession in the particular situation. This standard may be laid out by the laws and regulations that govern the healthcare industry or by professional institutions, such as a medical board.
The next step is to establish that the breach of duty of care caused an injury. This can be done by establishing that the healthcare provider failed to treat the injury in question or take other appropriate measures to prevent injury from happening.
A prime example of negligence would be the physician's inability to order an emergency C-section while the mother's contractions were becoming more and more intense. The inability to act could cause the death of a patient who was not properly notified.
Another example of negligence is when a healthcare professional isn't able to monitor the baby's heartbeat during labor or an expert who diagnoses the mother's health incorrectly before the birth. In these cases, a doctor may not inform parents of their options for treatment and the risks associated with these treatments.
If a child is born with a birth defect the family could be faced with a lot of expenses, such as ongoing medical bills as well as compensation to pay for the long-term consequences. ReShea Balams, an Atlanta birth injury attorney works with clients in Georgia to hold negligent doctors accountable for their errors. She helps her clients recover compensation to help them cover their financial and emotional losses.
Birth Injury
Births do not come without complications. In fact, three of every 100 births result in serious birth injury. While there are many injuries that could be prevented, many of the conditions that occur during labor and birth are due to medical negligence. Our Atlanta birth injury lawyers can help you determine whether your child's birth injury was the result of medical negligence during labor and delivery.
Birth injuries can be a devastating experience for families, particularly when the condition will affect their child for the remainder of their life. If your child's illness is due to medical negligence, then you could be entitled to compensation for future treatment, pain, suffering, lost wages, and other damages.
The term "birth injury" is broad and can include both physical and emotional trauma. Physical birth injuries can range from skull fractures to bruising. They can also involve brain injuries, like the lack of oxygen (hypoxic-ischemic encephalopathy) that causes cerebral palsy and developmental delays. They may also be caused by damage to the spinal cord which could lead to paralysis or amputation.
Emotional birth injuries include post-traumatic disorder and other psychological trauma resulting from a negligent or medically negligent birth. These kinds of birth injuries are difficult to quantify, but they are equally serious.
By identifying the risk factors of the mother who is at risk for these issues Birth defects can easily be prevented. Doctors can plan for possible complications and offer preventive treatments such as amniocentesis. Doctors are not able to prevent symptoms that are caused by genetic defects or preexisting conditions, even if a doctor has identified them prior to the birth of the child.
Despite the numerous tests conducted during pregnancy, not all complications can be predicted or prevented. A baby may suffer injuries to the skull as a result of the wrong use of a device for delivery or the excessive force used during delivery. This can lead to cerebral palsy and/or hypoxic-ischemic brain damage, and also Erb's Palsy which is a condition in which nerves in the upper arms are damaged, leading to weakness or paralysis.
Damages
When a child is born with a birth defect, it can have a negative effect on the family, not just physically but as well emotionally. The damages granted in a lawsuit are intended to pay the family back for these losses. The amount of money awarded depends on a number of factors, including the nature and extent of the injury and how it has affected the child's quality of life.
A good Atlanta birth injury lawyer can assist families with calculating damages, which typically comprise economic and non-economic losses. Economic damages can include medical expenses, future care requirements, and other costs. A birth injury lawyer can help determine the future and past costs of a child’s injuries by working closely with experts, looking over medical documents, doctor's recommendations, and expert opinions.
In addition to calculating a lifetime of medical costs, a birth injury attorney will also work with financial and medical specialists to put together an Life Care Plan that accounts for the impact that a child's injuries will have on their future. This could include the need for assistance devices, ongoing therapy or education programs.
Settlements are usually reached in a variety of birth injury cases, but not a trial. A birth injury lawyer with experience in the field of medical, local courts and Georgia juries can negotiate on behalf of the family. However, if the settlement is not reached, the attorney will bring a medical malpractice suit on behalf of the family and collect more evidence through discovery, which may include the sworn testimony of witnesses.
It is essential that parents of injured children keep accurate records and receipts to substantiate the claims made in their legal cases. In the event that these documents are not kept, they can be used to decrease the amount of compensation awarded by an insurance company or a court. This is why it is crucial to speak with an attorney with an extensive background in medical malpractice law and is able to handle complex cases that involve birth injuries. The experience of the lawyer will ensure that the doctor or hospital is held accountable for their actions and that an equitable settlement is reached.
Statute of limitations
As a mother-to-be, it is your responsibility to are dependent on nurses and doctors to ensure that your baby's birth is as secure as it can be. Unfortunately, healthcare professionals make mistakes. These errors can cause serious injuries to mother and child. If these injuries are the result of medical negligence, victims could sue.
A lawyer can look into the claim and determine who is responsible for the injury your child sustained. They will then determine the amount of the damages you could get, including compensation for medical expenses and long-term health care needs.
It is recommended to seek legal advice as soon as you can. The statute of limitations is the maximum time period you are required to start a lawsuit. It begins at the time of the incident. If you do not meet the deadline, your case may be dismissed.
Georgia's statute is two years for adults beginning from the date of injury. atlanta birth injury lawyer for cases involving minors is different. Georgia's Official Annotated Code 9-3-73 states that you have until the child turns five to bring a medical malpractice lawsuit against a doctor for a birth injury.
In medical malpractice cases a plaintiff must prove that the healthcare provider owed the obligation to provide the highest level care. The plaintiff also needs to prove that the healthcare provider breached this duty through an act of negligence or omission which caused the injury. The Atlanta birth injury lawyers at Miller Weisbrod Olesky will hire one or more medical experts to demonstrate that the healthcare professional's actions or inaction violated the standards of medical care.
The type of damage granted in a medical malpractice case is contingent upon the severity of the injuries and the extent to which it affects the life of the victim and their family. It is crucial to seek the advice of an attorney with experience. These attorneys can help you build a strong case and receive the compensation you deserve. They can also collect all the documents and evidence you require to file your claim.
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