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Birth Injury Lawyers
The majority of families consider childbirth to be a joyous occasion. However, sometimes, babies are born with horrific injuries that require a lifetime of care and attention.
If the actions of a doctor or inactions were below the medical standard of care and the birth injury caused damage, you could 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 errors are often caused by medical malpractice. Atlanta birth injury lawyers can assist families in filing claims for compensation against negligent healthcare providers.
The first step is to establish that the doctor owed a duty to the plaintiff. This obligation can be proved through medical expert testimony, or any other evidence to show that the healthcare provider didn't adhere to the requirements of their profession in the particular case. This standard may come from the laws and regulations governing the healthcare industry or set by professional institutions such as a medical board or independent regulatory agency.
Once this is done then the next step is to prove that the violation of this duty of care caused an injury. This is done if the healthcare provider does not treat the injury or other measures to prevent injuries.
One example of this type of negligence could be a doctor failing to order an emergency C-section at the time that the mother's contractions were getting more and more intense. The failure to act could result in a wrongful death.
Another example of negligence is when a healthcare professional fails to monitor the baby's heartbeat during labor or a doctor who diagnoses the mother's health in error prior to the birth. In these cases doctors may not inform the parents about their options for treatment and the dangers that are involved.
If a child is injured in an injury during birth the family could be left with a lot of expenses which include ongoing medical bills as well as compensation for the long-term consequences of the injuries. Atlanta birth injury lawyer ReShea Balams assists clients across Georgia to hold negligent medical professionals accountable for their errors. She helps her clients recover compensation to pay for their emotional and financial losses.
Birth Injury
While many births are joyful occasions, not all are without complications. In fact, three out of every 100 births result in serious birth injury. Many of the injuries that are caused during labor and birth can be prevented, but many are caused by medical negligence. Our Atlanta birth injury lawyers can assist you to determine the possibility that your child's birth injury was due to medical malpractice during labor and delivery.
Birth injuries can be devastating for families, particularly when the condition will affect their child for the duration of his or her life. If your child's condition was the result of medical negligence or a medical error, you may be entitled to compensation for the future treatment, pain and suffering as well as lost wages and other damages.
The term "birth injury" is broad in its definition and may include physical and emotional trauma. Physical birth injuries could include everything from lacerations and bruises to skull fractures. Brain injuries can also result from a deficiency of oxygen (hypoxic ischemic cerephalopathy) which can cause cerebral palsy or developmental delays. atlanta birth injury attorneys may also be caused by damage to the spinal cord that can cause paralysis or amputation.
Emotional birth injuries can include post-traumatic disorder, as well as other psychological traumas resulting from a medically negligent delivery. These types of birth injuries are more difficult to quantify, but they can be equally serious.
Many birth defects can be avoided by identifying the mother's potential risk factors for these conditions before the pregnancy. Doctors can prepare for possible complications and perform preventive procedures, like an amniocentesis. In the case of an existing genetic defect or condition, however, a physician cannot prevent the onset of symptoms even if they identify these before the child's birth.
Despite the many tests conducted during pregnancy, not all problems can be predicted or prevented. For example, a baby could suffer from skull fractures due to improper use of a delivery tool or excessive force during the delivery process. This could lead to the complication of hypoxic-ischemic encephalopathy and/or cerebral palsy, as well as the condition known as Erb's Palsy that is caused by damage to the nerves in the upper arm and can cause weakness or paralysis in the leg.
Damages
If a child is born with a birth defect it could have a negative impact on the family, not just physically but as well emotionally. The amount of compensation awarded to a family in lawsuits are intended to compensate them for their losses. The amount of money awarded is contingent on several factors, such as 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 help families calculate their losses which typically consist of both economic and non-economic losses. Economic damages are a result of medical treatment costs and future medical requirements and other costs. An attorney for birth injuries can assist in determining the present and future costs of a child's injuries through working with experts and looking over medical records, doctor's recommendations, and expert opinions.
In addition to calculating a lifetime's worth of medical costs, a birth injury lawyer will also collaborate with financial and medical specialists to create an Life Care Plan that accounts for the impact a child's injuries can impact their future. This may include the need for aid devices, ongoing therapy, and educational interventions.
Settlements are often reached in a variety of birth injury cases, and not trial. An experienced birth injury attorney is familiar with the drugs involved, local courts and Georgia juries and is able to negotiate efficiently on a family's behalf. If a settlement is not reached the lawyer can start a lawsuit for medical malpractice on the family's behalf and collect more evidence through discovery, which includes the sworn testimony of witnesses.
Parents of children who are injured must keep detailed records, which include receipts, in order to support their legal claims. In the event that the records are not maintained, they can be used to reduce a case or the compensation awarded by an insurance company or a court. This is why it is crucial to speak with a lawyer who has expertise in medical malpractice law and who can handle complicated cases involving birth injuries. The lawyer's experience will ensure that the hospital and the doctor are accountable for their actions and that a fair settlement is reached.
Statute of limitations
As a mother-to-be you rely on nurses and doctors to ensure that the birth of your child is as safe as possible. Unfortunately, healthcare professionals make mistakes. These errors can lead to serious injuries to the mother and child. If the injuries are a result of medical negligence, victims may sue.
An attorney can investigate the claim and determine who is responsible for the injuries your child sustained. They can determine the extent of the damages you are able to recover including compensation for your medical expenses and long-term health care requirements.
It's important to seek legal help right away. The statute of limitations is the maximum amount of time you are allowed to start legal proceedings. The clock starts from the date of the incident. If you do not meet the deadline, your case may be dismissed.
Georgia's statute of limitations is 2 years for adults starting from the date of injury. The time-limit for cases involving minors is different. Georgia's Official Annotated Code 9-3-73 provides that you have until the child is five to bring a medical malpractice lawsuit against a doctor for birth injuries.
In medical negligence cases, a patient must prove that their healthcare provider had an obligation to provide them with the highest quality of care. The plaintiff must also show that the healthcare provider breached this duty by committing a negligent act or omission that caused the injury. Miller Weisbrod Olesky, the Atlanta birth injury lawyers, will hire two or three medical experts to prove that the healthcare professional's actions or actions breached the standard.
The amount of damages that are awarded in a case of medical negligence is contingent on the severity and extent of the injuries, as well as how they affect the victim's life and the lives of their families. It is essential to seek the assistance of an attorney who has experience. They can assist you in building a strong claim to receive the compensation that you deserve. They can also collect all the evidence and documents you require to file your claim.
Read More: https://costnotify80.bravejournal.net/10-apps-to-aid-you-manage-your-birth-injury-atlanta
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