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Birth Injury Lawyers
Many families consider childbirth to be a joyous occasion. Sometimes babies are born with severe injuries that require lifelong special attention.
If the actions of a doctor or failure to act fell below the medical standard of care and the birth injury that resulted led to damages, you may have grounds for an action for malpractice.
Medical Malpractice
The majority of babies are happy and healthy however, sometimes doctors, nurses and other healthcare professionals make mistakes. These errors can cause various serious injuries to mothers and their babies. These mistakes are often caused by medical malpractice. Atlanta birth injury lawyers can help families to file a claim for compensation against negligent healthcare providers.
The first step is to establish that the doctor owed an obligation to the plaintiff. This obligation can be established through records, testimony from medical experts, or any other evidence that proves that the healthcare provider did not adhere to the standards of care for their profession in a specific case. This standard could be laid out by the laws and regulations that govern the healthcare industry or by professional organizations, like medical boards.
After this is completed after that, the next step is to demonstrate that the breach of this duty of care caused an injury. This is possible if the healthcare provider is unable to treat the injury or other measures to prevent injuries.
One example of this type of negligence would be the physician's inability to order an emergency C-section at the time that the mother's contractions were getting more and more intense. birth injury atlanta to act could result in a wrongful death.
Other examples of this type of negligence might include a healthcare professional failing to monitor the baby's heart rate during labor or a doctor who makes an incorrect diagnosis of mother's condition prior to the birth. In these cases doctors may not inform the parents about their options for treatment and the dangers associated with them.
If a child is born with a birth defect, the family may be left with many expenses like continuing medical bills and compensation to offset the long-term effects. ReShea Balams, an Atlanta birth injury attorney, assists clients in Georgia to hold negligent doctors accountable for their errors. She helps her clients recover compensation so they can compensate for their emotional and financial losses.
atlanta birth injury lawyer
Although many births are happy events, not all are free of complications. In fact, three of every 100 births result in a serious birth injury. A lot of the injuries that occur during labor and delivery can be prevented, but most are caused by medical negligence. Our Atlanta birth injury lawyers can help identify whether your child's birth injury was caused by medical malpractice during labor or delivery.
Birth injuries can be a major issue for families, particularly when the condition is likely to affect the child's life. Fortunately, if your child's condition was caused by medical negligence or a medical error, you may be entitled to compensation for your child's future treatment, suffering and pain as well as lost wages and other damages.
The term "birth injury" is broad in its definition and may include emotional and physical trauma. Physical birth injuries cover everything from skull fractures to bruises. Brain injuries can be caused by a lack oxygen (hypoxic ischemic Encephalopathy) which can cause cerebral palsy or developmental delays. They can also include spinal cord damage, which can lead to paralysis or even amputation.
Emotional birth injuries can include post-traumatic disorder as well as other psychological trauma resulting from a negligent medical delivery. These types of injuries may be more difficult to quantify, but are just as serious as physical birth injuries.
By identifying the risk factors of the mother to these problems Many birth defects can be avoided. Doctors can be prepared for potential complications, and provide preventive treatments such as amniocentesis. If there is an existing genetic defect or condition, however, a physician cannot prevent the onset of symptoms even if they are aware of them before the child's birth.
Despite the numerous tests conducted during pregnancy, not every complication can be anticipated or prevented. The baby could sustain a skull injury due to the wrong use of a device for delivery or excessive force applied during the delivery. This could result in cerebral palsy and/or hypoxic-ischemic brain damage as well as Erb's palsy which is a condition where nerves in the upper arms are damaged, leading to weakness or paralysis.
Damages
When a child suffers an injury at birth and suffers a traumatic birth, it can affect not just the family financially and physically but also emotionally. The damages that are awarded to a family during a lawsuit are meant to compensate them for their losses. The amount of compensation awarded depends on a variety of factors, including the severity and nature of the injury as well as the impact it has had on the child's life.
A reputable Atlanta birth injury lawyer can assist families calculate their losses which typically consist of both economic and non-economic losses. Economic damages include medical expenses and future medical requirements and other costs. An attorney for birth injuries can assist in determining the past and future cost of a child's injuries through consulting with experts and examining medical records, doctor's advice and expert opinions.
In addition to calculating a lifetime of medical expenses an attorney for birth injuries will also work with financial and medical specialists to put together a Life Care Plan that accounts for the impact that a child's injuries can impact their future. This may include the need for assistive devices, ongoing therapy, and education interventions.
Many birth injury cases result in settlements rather than trials. A skilled birth injury attorney is familiar with the medicine involved, local courts and Georgia juries and is able to negotiate effectively on a family's behalf. However, if there is no settlement the lawyer can file a medical malpractice lawsuit on the family's behalf and collect more evidence through discovery, which can include the sworn testimony of witnesses.
It is crucial that parents of children who have been injured keep detailed records and receipts to substantiate the claims made in their legal argument. In the event that the records are not maintained, they can be used to decrease a case or the compensation given by an insurance company or a court. It is essential to speak with an attorney with expertise in medical malpractice cases and who can handle complex cases involving birth injuries. The experience of the lawyer will ensure that the hospital or doctor is held accountable for their actions and that a fair settlement is agreed upon.
Statute of limitations
As a mother-to-be, it is your responsibility to are dependent on nurses and doctors to make sure your child's delivery is as safe as is. Unfortunately, healthcare professionals make mistakes. These mistakes can cause serious injuries for the mother and child. If the injuries are the result of medical negligence, victims may sue.
An attorney can investigate the claim and determine who was at fault for the injury your child sustained. They can then determine the amount of the damages you are able to receive which includes compensation for medical expenses and long-term health care needs.
You should seek legal advice as soon as you are able to. The statute of limitation is the maximum time period you have to start a lawsuit. It starts at the time of the incident. If you fail to meet the deadline, your case may be dismissed.
For adults, Georgia's statute of limitations is two years from the date of the injury. The time-limit for minors' cases is different. Georgia's Official Annotated Code 9-3-73 says that you have until the child reaches five years old to bring a medical malpractice lawsuit against a doctor in the event of a birth injury.
In medical malpractice cases, the plaintiff must show that their healthcare provider had a duty to provide them with the highest quality of medical treatment. The plaintiff also needs to prove that the healthcare provider breached this duty through an act of negligence, omission or other action that caused the injury. Miller Weisbrod Olesky, the Atlanta birth injury attorneys, will hire one or two medical experts to prove that the healthcare professional's negligence or actions breached the standard.
The amount of damages that are awarded in a medical negligence case is determined by the degree and severity of the injuries, and how they will affect the life of the victim and that of their family. This is why it's crucial to seek the assistance of an experienced attorney for birth injuries. These attorneys can help you make a convincing case and receive the compensation you deserve. They will also gather all the required documents and evidence to support your claim.
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