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Birth Injury Lawyers
Many families consider birth to be a joyful moment. Sometimes babies are born with serious injuries that require a lifetime of special care.
You could be able to file a malpractice suit when a doctor's conduct, or lack of them was not up to the standard of medical treatment and the birth injury that resulted in the case caused damages.
Medical Malpractice
The majority of births are healthy and happy however, sometimes doctors, nurses, and other healthcare professionals make mistakes. These errors can result in serious injuries to mothers and babies. These errors are usually the result of medical negligence. Atlanta birth injury lawyers can assist families to file a claim for compensation against negligent medical professionals.
The first step is to establish that the doctor owed an obligation to the plaintiff. This obligation can be proven through records, medical expert testimony, or any other evidence that shows the healthcare provider did not follow the standards of their field in the particular instance. This standard could be laid by the laws and regulations that govern the healthcare industry or by professional institutions, like a medical board.
The next step is to demonstrate that the breach of duty of care resulted in an injury. This is done when the healthcare provider fails to treat the injury or other steps to prevent injuries.
One example of negligence is a doctor failing to order an emergency C-section when the mother's contractions became progressively stronger. This failure to act can lead to an unintentional death.
Another instance of negligence is when a healthcare professional fails to check the baby's heartbeat during labor or doctors who diagnose the mother's health incorrectly before the birth. In these cases, the doctor may fail to inform parents of their treatment options and the risks involved.
If a child is born with a birth defect, the family may be burdened with many expenses like ongoing medical bills and compensation to offset the long-term effects. ReShea Balams is an Atlanta birth injury lawyer, works with clients in Georgia to make negligent doctors accountable for their mistakes. She assists her clients to recover compensation for their financial and emotional loss.
Birth Injuries
Not all births are without complications. Three out of 100 births are accompanied by an injury to the birth. Many of the injuries that occur during labor and delivery can be avoided, however most are caused by medical negligence. Our Atlanta birth injury lawyers can help identify the possibility that your child's birth injury was caused by medical negligence during labor and delivery.
Birth injuries can be devastating to families, especially when the condition will affect their child for the rest of his or her life. If your child's illness was the result of medical negligence or a medical error, you may be entitled to compensation for your child's future treatment or pain and suffering loss of wages, and other damages.
The term "birth injury" is broad in its definition and can include both physical and emotional trauma. Physical birth injuries include everything from skull fractures to bruises. They may also involve brain injuries, like an absence of oxygen (hypoxic-ischemic encephalopathy), which causes cerebral palsy and developmental delays. They can also cause damage to the spinal cord, which can lead to paralysis or amputation.
Emotional birth injuries are a result of post-traumatic disorder as well as other psychological traumas resulting from a medically negligent delivery. These types of injuries can be more difficult to quantify, but just as important as a physical birth injury.
By identifying the risk factors of the mother who is at risk for these issues Many birth defects can be easily prevented. Doctors can be prepared for potential complications and offer preventive treatments, such as amniocentesis. Physicians cannot stop symptoms that are caused by genetic problems or preexisting conditions, even if the doctor recognizes them before the birth of the baby.
Despite the numerous tests that are performed during a pregnancy, not all issues can be anticipated or avoided. A baby may suffer an injury to the skull due to the wrong use of a delivery device or excessive force used during the delivery. This can lead to the development of hypoxic-ischemic brain encephalopathy and/or cerebral palsy and also the condition called Erb's palsy that causes nerve damage in the upper arm and may cause weakness or paralysis in the limb.
Damages
If a child is born with a birth defect it could have a negative impact on the family, not just physically, but also emotionally. The damages awarded in a lawsuit are intended to compensate the family for these losses. The amount of compensation awarded depends on a number of factors, including the nature and severity of the injury and how it affected the child's life quality.
A good Atlanta birth injury lawyer can assist families in calculating damages, which typically comprise economic and non-economic loss. Economic damages include the costs of medical treatment, future healthcare requirements, and other expenses. An attorney who specializes in birth injuries can help determine the past and future costs of injuries sustained by a child by working with experts and reviewing medical records, doctor's recommendations, and expert opinions.
A birth injury attorney will collaborate with medical and financial experts to create a Life Care Plan, which will consider the consequences of a child's injury on their future. This can include the need for aid devices, ongoing therapy and education interventions.
Settlements are usually reached in many birth injury cases, and not a trial. A birth injury lawyer who is experienced in the field of medical malpractice, local courts, and Georgia juries can negotiate on behalf of families. If a settlement cannot be reached, the attorney 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.
It is crucial that parents of children injured keep detailed documents and receipts to prove the claims made in their legal cases. In the event that the documents are not kept and used, they could be used to lower the value of a case or to reduce the amount awarded by an insurance company or a court. atlanta birth injury attorneys is essential to speak with an attorney who has expertise in medical malpractice cases and who is able to handle complicated cases involving birth injury. The lawyer's experience will ensure that the hospital and the doctor are accountable for their actions and that a fair settlement is reached.
Statute of Limitations
As a mother-to-be, you are dependent on nurses and doctors to make sure your baby's birth is as safe as it is. Unfortunately healthcare professionals can make mistakes. These mistakes can result in serious injuries to mother and child. If the injuries are the result of medical negligence, the victims may bring a lawsuit.
A lawyer can look into your claim and determine who is responsible for the child's injuries. They can determine the amount of damages you could receive, including compensation for medical expenses and long-term needs.
It is recommended to seek legal advice as soon as possible. The statute of limitations is the longest amount of time that you can begin legal procedures. It begins counting down from the date of the incident. If you miss this deadline, your case could be dismissed.
For adults, Georgia's statute of limitations is two years from the date of injury. For cases that involve children, the statute of limitations is different. Georgia's Official Annotated Code 9-3-73 says that you must wait until the child reaches five years old to file a medical malpractice lawsuit against a doctor in the event of a birth injury.
In medical malpractice cases, a plaintiff must prove that their healthcare provider was bound by the obligation to provide them with the best standard of medical care. The plaintiff must also demonstrate that the healthcare provider violated this duty by engaging in an omission or negligent act that caused the injury. The Atlanta birth injury lawyers at Miller Weisbrod Olesky will hire one or more expert medical witnesses to prove that the healthcare professional's actions or inactions violated the standard of medical care.
The type of damage granted in a medical malpractice case depends on the severity of the injuries and the extent to which they will affect the life of the victim and their family. It is essential to seek the advice of an attorney who is experienced. These lawyers can help you create a strong case to receive the compensation you are due. They will also collect all the necessary documents and details to prove your claim.
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