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Birth Injury Lawyers
For the majority of families the birth of a child is a joyful occasion. Sometimes babies are born with severe injuries that require long-term special attention.
You may be able to bring a malpractice lawsuit in the event that a doctor's actions or lack thereof was not up to the standard of medical treatment and the birth injury that resulted from it caused damages.
Medical Malpractice
The majority of births are healthy and happy, however doctors, nurses and other healthcare professionals are prone to make mistakes. These mistakes can cause serious injuries to mothers and babies. These errors are usually the result of medical malpractice. birth injury atlanta can assist families to file claims for compensation against negligent healthcare providers.
The first step is to establish that the doctor was bound by an obligation to the plaintiff. This obligation can be established using documents, evidence from medical experts, or other evidence that proves that the healthcare provider did not adhere to the standard of care for their profession in a particular case. This standard may come from the laws and regulations governing the healthcare industry, or it could be set by professional institutions such as a medical board or an independent regulatory agency.
Once this is done after that, the next step is to demonstrate that the violation of this duty of care resulted in an injury. This is done when the healthcare provider is unable to treat the injury or take other appropriate measures to avoid injuries.
A prime example of negligence could be the physician's inability to order an emergency C-section when the mother's contractions were becoming progressively stronger. Failure to act could cause wrongful death.
Another example of negligence is a healthcare professional who fails 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 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 could be faced with a lot of expenses, such as ongoing medical bills and compensation to offset the long-term effects. ReShea Balams, an Atlanta birth injury attorney works with clients in Georgia to make negligent doctors accountable for their errors. She assists her clients in get compensation for their financial and emotional loss.
Birth Injury
There are some births that come with complications. Three out of 100 births are associated with a serious birth injury. Although there are many injuries that could be prevented, many of the conditions that occur during labor and delivery are due to medical negligence. Our Atlanta birth injury lawyers can assist you to determine whether your child's birth injury was the result of medical malpractice during labor or delivery.
Birth injuries can be a devastating experience to families, especially when the condition affects their child for the remainder of their life. Fortunately, 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 as well as suffering and pain loss of wages, and other damages.
The term "birth injury" is broad in its definition and may include physical and emotional trauma. Physical birth injuries include everything from skull fractures to bruising. They can also include brain injuries, like a lack of oxygen (hypoxic-ischemic encephalopathy) which can cause cerebral palsy and developmental delays. The damage to the spinal cord could cause amputation or paralysis.
Similarly, emotional birth injuries may include post-traumatic stress disorder and other psychological traumas that result from a medically negligent birth. These types of birth injuries are more difficult to quantify but can be equally serious.
By identifying the risk factors that could be a contributing factor to the mother to these problems Many birth defects can easily be prevented. Doctors can prepare for any potential problems and provide preventive treatments, such as an amniocentesis. If there is an existing genetic defect or condition, however doctors are not able to prevent the onset of symptoms, even if they identify these before the child's birth.
Despite the many tests that are performed during pregnancy, not all complications can be predicted or avoided. The baby could sustain a skull injury due to the improper use of a device for delivery or excessive force used during delivery. This can result in cerebral palsy or hypoxic-ischemic brain damage and also Erb's Palsy which is a condition in which nerves in the upper arms are damaged, causing weakness or paralysis.
Damages
When a child is born with a birth defect, it can have a negative impact on the family not only physically, but also emotionally. The amount of compensation that are awarded to a family during lawsuits are intended to compensate them for their losses. The amount of money awarded is contingent upon a variety of factors, including the nature and severity of the injury as well as how it affected the child's quality of life.
A good Atlanta birth injury attorney can help families calculate damages, which typically comprise economic and non-economic loss. Economic damages are the cost of medical treatment, future health needs, and other related expenses. A birth injury lawyer can help determine past and future costs of injuries to a child by working closely with experts, reviewing medical records, doctors' recommendations, and expert opinions.
In addition to calculating the lifetime of medical expenses, a birth injury attorney will also collaborate with medical and financial experts to develop an Life Care Plan that accounts for the impact that a child's injuries could impact their future. This may include the need for assistance devices, ongoing therapy or educational interventions.
A lot of birth injury cases end in settlements rather than trials. A birth injury lawyer who has experience in the field of medical malpractice, local courts, and Georgia juries can negotiate on behalf of a family. If a settlement isn't reached, the lawyer will bring a lawsuit against medical malpractice on behalf of the family and gather additional evidence through discovery. This could include sworn statements from witnesses.
Parents of children who are injured must keep detailed records, which include receipts, in order to support their legal claims. If these documents are not kept, they can be used to reduce the value of a case or to reduce the amount given by an insurance company or a court. For this reason, it is vital to consult with a lawyer who has a strong background in medical malpractice law and is able to handle complicated cases with birth injuries. The expertise of the lawyer will ensure that the hospital or doctor is held accountable for their actions, and a fair settlement is reached.
Statute of Limitations
As a mother-to-be you rely on your doctors and nurses to ensure that your baby's birth is as safe as possible. But, unfortunately healthcare professionals are human, and mistakes can happen. These mistakes can result in serious injuries to the mother and child. If the injuries are a result of medical negligence, victims may sue.
A lawyer can look into your claim and determine who is at fault for the child's injury. They can determine the amount of damages you may get, including compensation for medical expenses and long-term needs.
It's important to seek legal help right away. The statute of limitations is the maximum amount of time you have to initiate legal proceedings. It begins at the time of the incident. If you miss the deadline, your case could be dismissed.
Georgia's statute of limitations is two years for adults beginning from the date of injury. For cases with children the statute of limitation is different. Georgia's Official Annotated Code 9-3-73 states that you have until your child is five to bring a medical malpractice lawsuit against a doctor for a birth injury.
In medical malpractice cases, the plaintiff must prove that their healthcare provider owed them an obligation to provide them with the highest level of medical care. The plaintiff must also prove that the healthcare provider violated this duty by engaging in an act of negligence or omission that led to the injury. Miller Weisbrod Olesky, the Atlanta birth injury attorneys will employ two or three experts to establish that the healthcare professional's actions or actions violated the standard.
The amount of damages that are granted in a case of medical negligence is determined by the severity and the extent of the injuries, and how they affect the life of the victim and the lives of their families. This is why it's essential to seek out an experienced attorney for birth injuries. They can assist you in building a strong case to secure the compensation you deserve. atlanta birth injury lawyers will also gather all the evidence and documents that you require for your claim.
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