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Birth Injury Lawyers
For the majority of families birth is a joyous event. But sometimes babies are born with devastating injuries that require a lifetime of special care and treatment.
If a doctor's actions or inactions were below the medical standard of care, and the resulting birth injury caused damage, you could be able to file a malpractice claim.
Medical Malpractice
Most births are healthy and happy, however nurses, doctors and other healthcare professionals can make mistakes. These mistakes can result in various serious injuries for mothers and their babies. In most cases, these mistakes are due to medical malpractice. Atlanta birth injury attorneys can help families file 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 established through documents, evidence from medical experts, or any other evidence that shows the healthcare provider did not adhere to the standard of care required for their job in a specific case. This standard may come from the laws and regulations that govern the healthcare industry or set by professional institutions such as medical boards or an independent regulatory agency.
Once this is done after that, the next step is to show that the violation of this obligation of care led to an injury. This can be done by proving that the healthcare professional failed to treat the injury in question or take other measures to prevent an injury from happening.
This type of carelessness can be shown by the doctor who fails to recommend an urgent C-section even though the mother's contractions are growing stronger. This failure to act can result in wrongful death.
Another instance of negligence is a healthcare professional who does not observe the baby's heartbeat while in labor or an expert who diagnoses the mother's health wrongly prior to the birth. In these cases doctors may fail to inform the parents of their choices for treatment options and the risks associated with those treatments.
When birth injury atlanta is born with a birth defect the family may be burdened with a host of costs like ongoing medical bills as well as compensation to pay for the long-term consequences. Atlanta birth injury lawyer ReShea Balams assists clients throughout Georgia to hold negligent medical professionals accountable for their errors. She assists her clients to get compensation for their financial and emotional loss.
Birth Injuries
Births do not come without complications. Three out of every 100 births are associated with serious birth injuries. Although some injuries are avoidable, many of the conditions that occur during labor and delivery are due to medical negligence. Our Atlanta birth injury lawyers can assist you in determining whether the birth injury your child sustained was the result of medical malpractice during labor or delivery.
Birth injuries can be devastating to families, especially when the condition affects their child for the remainder of their life. If your child's condition is a result of medical negligence, you may be entitled compensation for future treatment as well as suffering, pain, lost wages, and other damages.
The term "birth injuries" is used in a broad sense and can be used to describe psychological and physical trauma. Physical birth injuries cover everything from skull fractures to bruises. They can also include brain injuries, like the lack of oxygen (hypoxic-ischemic encephalopathy) that causes cerebral palsy and delays in development. Damage to the spinal cord can cause amputation or paralysis.
Emotional birth injuries can include post-traumatic disorder and other psychological trauma resulting from a negligent medical delivery. These types of birth injuries are harder to quantify, but they can be equally serious.
By identifying the risk factors that could be a contributing factor to the mother for these problems Many birth defects can be avoided. Doctors can then prepare for possible complications and perform preventive procedures, like an amniocentesis. If there is a genetic defect or preexisting disease, however doctors are not able to prevent the onset of symptoms, even if they identify them prior to the birth of the child.
Despite the numerous tests conducted during pregnancy, not all complications can be anticipated or avoided. For example, a baby could suffer from skull fractures due to the improper use of a delivery tool or excessive force during the delivery process. This can lead to the complications of hypoxic-ischemic epilepsy and/or cerebral palsy and also the condition called Erb's palsy, which involves damage to the nerves in the upper arm. These may cause weakness or paralysis in that limb.
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 that are awarded in a lawsuit are intended to pay the family back for the losses. The amount of money awarded is contingent upon a variety of factors, including the nature and extent of the injury and how it has affected the child's quality of living.
A reputable Atlanta birth injury lawyer can help families calculate their damages which typically consist of both economic and non-economic losses. Economic damages include the costs of medical treatment, future health needs, and other related expenses. An attorney who specializes in birth injuries can help determine the past and future cost of a child's injuries by working with experts and reviewing medical records, doctor's recommendations and expert opinions.
In addition to calculating a lifetime's worth of medical expenses an attorney for birth injuries will also collaborate with medical and financial experts to put together an Life Care Plan that accounts for the impact that a child's injuries will have on their future. This may include the need for assistive devices, ongoing therapy as well as educational interventions, and other expenses related to the injury.
Settlements are often reached in a lot of birth injury cases, rather than the trial. A birth injury lawyer who has experience in the area of medical malpractice, local courts, and Georgia juries can negotiate on behalf of families. If a settlement is not reached, the attorney will file a medical malpractice lawsuit on behalf of the family. They will also gather additional evidence through discovery, which includes the sworn testimony of witnesses.
It is essential that parents of injured children keep accurate records and receipts to substantiate the claims they make in their legal argument. If the documents are not kept and used, they could be used to lower the amount of compensation paid by an insurance firm or a court. This is why it is vital to consult with an attorney with a strong background in medical malpractice law and can handle complicated cases that involve birth injuries. The experience of the lawyer will ensure that the hospital and the doctor are accountable for their actions and that a fair resolution is reached.
Statute of Limitations
As a mother-to-be, you are dependent on nurses and doctors to ensure that your child's delivery is as safe as is. Unfortunately healthcare professionals make mistakes. These mistakes can result in serious injuries to both mother and child. If the injuries are a result of medical negligence, victims can sue.
A lawyer can look into the claim and determine who is responsible for the injuries your child sustained. They can also determine the amount of damages you could receive, including the reimbursement for medical expenses as well as longer-term needs.
You should seek legal advice as soon as you can. The statute of limitations is the time limit for when you can file a lawsuit. The clock starts from the date of the incident. If you miss the deadline, your case may be dismissed.
For adults the statute of limitations for Georgia is two years from the date of the injury. The time limit for cases involving minors is different. Georgia's Official Annotated Code 9-3-73 provides that you have until your child reaches five years old to make a claim for medical malpractice against a doctor for birth injuries.
In medical malpractice cases, the plaintiff must show that their healthcare provider was bound by an obligation to provide them with the best level of medical treatment. The plaintiff must also demonstrate that the healthcare provider breached this obligation by committing an omission or negligent act that 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 care.
The amount of damages awarded in a case of medical negligence is determined by the severity and the extent of the injuries, and how they impact the life of the victim and that of their family. It is crucial to seek out the help of an attorney with experience. These lawyers can aid you in constructing a strong claim to receive the compensation you are entitled to. They will also collect all the necessary documents and information to support your claim.
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