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Birth Injury Lawyers
For most families the birth of a child is a joyful event. But occasionally, babies are born with horrific injuries that require a lifetime of care and attention.
If the actions of a doctor, or inactions fell 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 nurses, doctors and other healthcare professionals may make mistakes. These errors can result in serious injuries to mothers and babies. These errors are often caused by medical malpractice. Atlanta birth injury lawyers can assist families to file a claim to recover compensation from negligent healthcare providers.
The first step is to establish that the doctor was obligated to the plaintiff an obligation of care. This obligation can be proved through records, medical expert testimony, or any other evidence to show that the healthcare provider did not adhere to the standard of their profession in the particular situation. This standard could be set out by the laws and regulations that govern the healthcare industry, or by professional institutions, like medical boards.
Once this is accomplished after that, the next step is to demonstrate that the breach of this duty of care resulted in an injury. This can be done by establishing that the healthcare provider was unable to treat the injury or take any other appropriate steps to stop an injury from happening.
This type of carelessness can be shown by the doctor who fails to request an urgent C-section despite the mother's contractions are becoming stronger. This failure to act can lead to an unintentional death.
Another instance of negligence is a healthcare professional who 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 doctors may not to inform parents about their treatment options and the risks involved.
If a child suffers a birth injury the family could be left with a lot of expenses which include ongoing medical bills and compensation for the long-term effects of the injuries. ReShea Balams is an Atlanta birth injury lawyer, assists clients in Georgia to make negligent doctors accountable for their mistakes. She helps her clients to recover compensation for their financial and emotional loss.
Birth Injuries
While many births are joyous occasions, not all are without complications. Three out of every 100 births are accompanied by serious birth injuries. While not all injuries are preventable, many of the conditions that occur during labor and delivery are due to medical negligence. Our Atlanta birth injury attorneys can help you determine if the birth injury your child sustained was the result of medical malpractice during labor or delivery.
atlanta birth injury lawyers can be devastating for families, particularly when the condition affects the child's life. If your child's condition is a result of medical negligence, then you may be entitled to compensation for future treatment as well as suffering, pain, loss of wages, and any other damages.
The term "birth injury" is broadly defined and may include physical and emotional trauma. Physical birth injuries cover everything from skull fractures to bruising. They can also involve brain injuries, such as an absence of oxygen (hypoxic-ischemic encephalopathy) that causes cerebral palsy and delays in development. They may also be caused by damage to the spinal cord which could lead to paralysis or even amputation.
Emotional birth injuries are a result of post-traumatic disorder as well as other psychological trauma resulting from a medically negligent delivery. These kinds of birth injuries are harder to quantify, but they are just as serious.
Many birth defects can be prevented by identifying the mother's risk factors for these issues prior to the time of pregnancy. Doctors can then prepare for possible complications and perform preventive treatments, such as an amniocentesis. A physician cannot prevent symptoms that are caused by genetic disorders or preexisting conditions, even if the doctor is aware of them prior to the birth of the child.
Despite the many tests conducted during a pregnancy, not all problems can be predicted or prevented. For instance, a newborn may suffer a skull fracture due to 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, and also the condition known as Erb's palsy that is caused by damage to the nerves in the upper arm. This can cause weakness or paralysis of the arm.
Damages
When a child suffers an injury at birth, it often impacts not just the family physically and financially but also emotionally. The damages awarded in a lawsuit are meant to compensate the family for the loss. The amount of compensation awarded depends on a number of factors, including the type and severity of the injury and how it has affected the child's quality of living.
A good Atlanta birth injury attorney can assist families with calculating damages, which usually include economic and non-economic losses. Economic damages are a result of medical expenses as well as future requirements for care and other expenses. A birth injury lawyer can help determine the future and past costs of injuries to a child by working closely with experts, looking over medical documents, doctor's suggestions, and expert opinions.
In addition to calculating a lifetime's worth of medical expenses, a birth injury lawyer will also work with medical and financial experts to create a Life Care Plan that accounts for the impact that a child's injuries will have on their future. This may include the need for aid devices, ongoing therapy and educational interventions.
Settlements are typically reached in many birth injury cases, rather than trial. A skilled birth injury attorney is well-versed in the medical procedures involved, as well as the local courts and Georgia juries and is able to negotiate effectively on behalf of the family. If a settlement isn't reached, the attorney will file a lawsuit for medical malpractice on behalf of the family and collect additional evidence through discovery. This includes sworn testimony from witnesses.
Parents of injured children should keep detailed records, which include receipts, to prove their legal claims. Failure to keep these documents can impede the case and reduce the compensation that a judge or insurance company. It is crucial to talk with a lawyer with experience in medical malpractice cases, and who can deal with complicated cases involving birth injuries. The experience of the lawyer will ensure that the hospital or doctor is accountable for their actions, and a fair settlement is agreed upon.
Statute of limitations
As a mom-to-be, you trust your doctors and nurses to ensure your child's delivery is as safe as can be. Unfortunately healthcare professionals can make mistakes. These errors can cause serious injuries to both mother and child. If these injuries result from medical negligence, the victim may pursue legal action.
A lawyer can look into the claim and determine who was at fault for the injuries your child sustained. They can also determine the amount of damages you may receive, which includes compensation for medical expenses and long-term needs.
It is recommended to seek legal advice as soon as you can. The statute of limitations is the longest amount of time you have to begin legal procedures. The clock starts from the date of the incident. If you fail to meet this deadline, your case could be dismissed.
For adults the statute of limitations in Georgia is two years from the date of the injury. For cases involving children the statute of limitations is different. Georgia's Official Annotated Code 9-3-73 provides that you must wait until the child is five to make a claim for medical malpractice against a doctor in the event of birth injuries.
In medical malpractice cases a plaintiff has to show that the healthcare provider was under an obligation to provide the best treatment. atlanta birth injury lawyer must also demonstrate that the healthcare provider violated this duty by committing an omission or negligent act which caused the injury. Miller Weisbrod Olesky, the Atlanta birth injury lawyers, will hire one or two experts to establish that the healthcare professional's actions or actions breached the standard.
The amount of damages that are that are awarded in a case of medical negligence is contingent on the severity and the extent of the injuries, as well as how they impact the victim's life and the lives of their families. This is why it's crucial to seek out an experienced birth injury lawyer. These lawyers can help you build a strong case and get the compensation you deserve. They can also collect all the documents and evidence that you require for your claim.
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