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A Step-By'-Step Guide For Atlanta Birth Injury Lawyers
Birth Injury Lawyers

Many families consider childbirth to be a joyous occasion. However, sometimes babies are born with devastating injuries that require a lifetime of specialized care and treatment.

You may be able bring a malpractice lawsuit if a doctor's actions, or lack thereof, fell below the standard of medical care, and the birth injury that resulted from it caused damages.

Medical Malpractice

The majority of births are happy and healthy however, sometimes nurses, doctors and other healthcare professionals make mistakes. These mistakes can result in a variety of serious injuries to mothers and babies. These errors are usually the result of medical malpractice. Atlanta birth injury lawyers can help families to file a claim to recover compensation from negligent healthcare providers.

The first step is to establish that the doctor owed an obligation to the plaintiff. This obligation can be established through the records of medical experts, or any other evidence that proves the healthcare provider failed to adhere to the standards of care for their profession in a particular instance. This standard may come from the laws and regulations that govern the healthcare industry or established by professional institutions like a medical board or independent regulatory agency.

Once this is accomplished, the next step is to prove that the breach of this obligation of care led to an injury. This can be done by proving that the healthcare provider failed to treat the injury or take other measures to prevent injury from occurring.

One example of negligence is a doctor failing to order an emergency C-section at the time that the mother's contractions became more and more intense. Failure to act could result in wrongful death.

Another example of negligence is a healthcare professional who isn't able to monitor the baby's heartbeat during labor or a doctor who diagnoses the mother's health wrongly prior to the birth. In these instances the doctor might not inform parents of their choices for treatment options 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 including ongoing medical bills and compensation to offset the long-term effects. Atlanta birth injury lawyer ReShea Balams works with clients across Georgia to make medical professionals who are negligent accountable for their mistakes. She assists her clients in recovering compensation so they can compensate for their emotional and financial loss.

Birth Injuries


While many births are joyous occasions, not all are without complication. In fact, three of every 100 births are associated with a serious birth injury. Many of the injuries that are caused during labor and birth are preventable, but most are caused by medical negligence. Our Atlanta birth injury lawyers can assist you to identify the possibility that your child's birth injury was due to medical malpractice during labor and delivery.

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

The term "birth injuries" is used in broad terms and could be used to describe both physical and psychological trauma. Physical birth injuries can range from skull fractures to bruising. Brain injuries can result from a deficiency of oxygen (hypoxic ischemic encephalopathy) that can lead to cerebral palsy or developmental delays. Damage to the spinal cord can result in amputation or paralysis.

Emotional birth injuries can include post-traumatic disorder and other psychological traumas that result from a negligent medical delivery. These kinds of injuries can be harder to quantify, but are just as grave as physical birth injuries.

By identifying the risk factors for the mother for these problems, many birth defects can easily be prevented. Doctors can then prepare for possible complications and perform preventive treatments, such as an amniocentesis. In the case of an existing genetic defect or health issue doctors cannot stop the onset of symptoms, even if they recognize them before the child's birth.

Despite the numerous tests conducted during pregnancy, not every complication is easily predicted or avoided. For instance, a newborn could suffer from skull fractures as a result of the improper use of a delivery tool or excessive force during the delivery process. This could result in the complications of hypoxic-ischemic epilepsy and/or cerebral palsy, as well as the condition called Erb's palsy that causes damage to the nerves in the upper arm. These can result in weakness or paralysis of the arm.

Damages

When a child is born with a birth defect it could have a negative impact on the family not only physically but as well emotionally. The damages awarded to a family in a lawsuit is intended to compensate the family for their losses. The amount of money awarded depends on a number of factors, including the nature and severity of the injury as well as how it affected the child's quality of living.

A good Atlanta birth injury lawyer can help families calculate damages, which usually include economic and non-economic losses. Economic damages can include medical expenses as well as future requirements for care and other costs. A birth injury lawyer can help determine the past and future costs incurred by a child's injuries by working closely with experts, reviewing medical documents, doctor's recommendations, and expert opinions.

A birth injury attorney will collaborate with financial and medical experts to develop an Life Care Plan, which will take into consideration the effects of a child's injuries on their future. This can include the need for assistive devices, ongoing therapy and education programs.

A lot of birth injury cases end in settlements instead of trials. An experienced birth injury lawyer is familiar with the medicine involved, the local courts and Georgia juries, and can negotiate effectively on behalf of the family. If a settlement is not reached, the lawyer will bring a lawsuit against medical negligence on behalf of the family, and gather additional evidence via discovery. This includes sworn testimonies from witnesses.

It is crucial that parents of children injured keep accurate documents and receipts to prove the claims made in their legal argument. If the records are not maintained they could be used to lower the value of a case or to reduce the amount paid by an insurance firm or a court. For this reason, it is essential to speak with a lawyer who has expertise in medical malpractice law and who can handle complicated cases with birth injuries. The experience of the lawyer will ensure that the hospital or doctor is accountable for their actions and ensure that an equitable settlement is reached.

Statute of Limitations

As a mother-to-be you depend on nurses and doctors to ensure that your baby's birth is as safe as it can be. However healthcare professionals are human and mistakes happen. These errors can result in serious injuries to mother and child. If these injuries result from medical negligence, the victim can pursue legal action.

A lawyer can investigate your claim and determine who's at fault for the child's injury. atlanta birth injury lawyer will determine the extent of the damages you could receive, including compensation for medical expenses and long-term care needs.

It is recommended to seek legal advice as soon as you can. The statute of limitations is the maximum time period you have to start a lawsuit. It begins with the date of the incident. If you fail to meet the deadline, your case could be dismissed.

For adults the statute of limitations for Georgia is two years from the date of the injury. However, for atlanta birth injury lawyers that involve children the statute of limitations is different. Georgia's Official Annotated Code 9-3-73 says that you have until your child reaches five years old to file a medical malpractice lawsuit against a doctor in the event of birth injuries.

In medical negligence cases, a patient must prove that their healthcare provider had a duty to provide them with the best quality of care. The plaintiff must also demonstrate that the healthcare provider breached this obligation by committing a negligent act or omission that caused the injury. Miller Weisbrod Olesky, the Atlanta birth injury attorneys, will hire two or three experts to establish that the healthcare professional's negligence or actions contravened the law.

The amount of damages that is awarded in a medical negligence case depends on the severity of the injuries and the extent to which it can affect the lives of the victim and their family. This is the reason it's important to seek the assistance of an experienced attorney for birth injuries. These lawyers can help you build a strong case and receive the compensation you deserve. They will also gather all the necessary documents and evidence to support your claim.

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