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5 Killer Quora Answers To Atlanta Birth Injury Lawyers
atlanta birth injury attorneys find childbirth to be a joyous event. Sometimes babies are born with severe injuries that require long-term special attention.

If the actions of a doctor, or inactions were below the medical standard of care, and the birth injury led to damages, you may have grounds for a malpractice claim.


Medical Malpractice

Most births are healthy and happy, but nurses, doctors and other healthcare professionals may make mistakes. These mistakes can cause serious injuries to babies and mothers. In many cases, these mistakes result from medical negligence. Atlanta birth injury lawyers can assist families to file claims for compensation against negligent healthcare providers.

The first step is establishing that the doctor was bound by a duty to the plaintiff. This obligation can be established through records, medical expert testimony, or any other evidence that proves the healthcare provider didn't adhere to the standard of their field in the particular situation. This standard may be laid by the laws and regulations that govern the healthcare industry or by professional institutions, like medical boards.

The next step is to establish that the breach of duty of care caused an injury. This can be done by proving that the healthcare provider was unable to treat the injury in question or take other appropriate measures to prevent injury from happening.

This type of negligence can be proven by a doctor who fails to recommend an urgent C-section despite the mother's contractions are becoming stronger. The failure to act could lead to a negligent death.

Another instance of negligence is when a healthcare professional isn't able to check the baby's heartbeat during labor or an expert who diagnoses the mother's health in error prior to the birth. In these cases the doctor might not inform the parents about their treatment options and the risks involved.

If a child suffers an injury during birth the family could be faced with a variety of costs that include ongoing medical bills and compensation for the long-term effects of the injuries. ReShea Balams, an Atlanta birth injury attorney, assists clients in Georgia to make negligent doctors accountable for their errors. She helps her clients to recover compensation for their financial and emotional loss.

Birth Injuries

Not all births are without complications. In fact, three of every 100 births are associated with a serious birth injury. Although not all injuries are preventable, many of the conditions that occur during labor and delivery result from medical negligence. Our Atlanta birth injury attorneys can assist you in determining whether the birth injury suffered by your child was caused by medical malpractice during labor or delivery.

Birth injuries can be extremely devastating for families, especially when the condition is likely to affect the child's life. If your child's illness is the result of medical negligence, you may be entitled to compensation for future treatment, suffering, pain, loss of wages, and other damages.

The term "birth injury" is broad in its definition and can refer to both physical and emotional trauma. Physical birth injuries can range from skull fractures to bruising. 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 amputation.

Emotional birth injuries can include post-traumatic disorder, as well as other psychological trauma resulting from a medically negligent delivery. These types of birth injuries are more difficult to quantify, but they are just as serious.

By identifying the risk factors for the mother to 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 an inherited defect or a preexisting disease, however doctors are not able to prevent the onset of symptoms even if they identify them before the child's birth.

Despite the numerous tests that are performed during a pregnancy, not all complications can be predicted or prevented. The baby could sustain injuries to the skull as a result of the incorrect use of a device for delivery or the excessive force used during delivery. This could result in the complication of hypoxic-ischemic encephalopathy and/or cerebral palsy, as well as the condition known as Erb's palsy that causes nerve damage in the upper arm. These may cause weakness or paralysis in that leg.

Damages

When a child is born with a birth defect it could have a negative impact on the family, not just physically, but as well emotionally. The damages granted in a lawsuit are intended to compensate the family for these losses. The amount of money awarded depends on a number of factors, including the type and severity of the injury as well as how it has affected the child's quality of life.

A good Atlanta birth injury lawyer can assist families with calculating damages, which typically comprise economic and non-economic losses. Economic damages include the costs of medical treatment, future healthcare needs, and other related expenses. An attorney who specializes in birth injuries can assist in determining the past and future cost of a child's injuries through working with experts and reviewing medical records, doctor's recommendations and expert opinions.

An attorney for birth injuries will collaborate with medical and financial experts to develop an Life Care Plan, which will consider the consequences of a child's injury on their future. This can include the need for assistive devices, ongoing therapy and education interventions.

Settlements are often reached in a lot of birth injury cases, but not trial. A birth injury lawyer who has experience in the field of medical malpractice, local courts, and Georgia juries can negotiate on behalf of the family. If a settlement isn't reached, the lawyer will initiate a lawsuit for medical malpractice on behalf of the family, and gather additional evidence through discovery. This includes sworn testimony from witnesses.

Parents of injured children should keep meticulous records, including receipts, in order to support their legal claims. In the event of not keeping these records, it can diminish a case and diminish the amount awarded by a court or insurance company. This is why it is essential to speak with an attorney with an extensive background in medical malpractice law and is able to handle complex cases that involve birth injuries. The experience of the lawyer will ensure that the hospital and doctor are held accountable for their actions, and that a fair settlement is reached.

Statute of Limitations

As a pregnant mother you rely on doctors and nurses to ensure your child's birth is as safe as possible. However, healthcare professionals are only human and mistakes happen. These errors can lead to serious injuries to the mother and child. If the injuries are a result of medical negligence, victims could sue.

An attorney can investigate the claim and determine who was responsible for the injury your child sustained. They will then determine the amount of the damages you are able to receive which includes compensation for medical expenses and long-term care requirements.

It is essential to seek legal assistance immediately. The statute of limitations is the longest amount of time you have to initiate legal proceedings. It begins with the date of the incident. If you do not meet the deadline, your case could be dismissed.

Georgia's statute is two years for adults from the date of the injury. However, for cases that involve children the statute of limitation is different. Georgia's Official Annotated Code 9-3-73 states that you can file a medical negligence lawsuit against a doctor who caused a birth defect until the child is five years old.

In medical malpractice cases, a plaintiff must demonstrate that the healthcare provider had the obligation to provide the best medical care. The plaintiff must also show that the healthcare provider breached this duty by committing a negligent act or omission that caused the injury. The Atlanta birth injury lawyers at Miller Weisbrod Olesky will hire one or more medical experts to prove that the healthcare professional's actions or inactions violated the standards of care.

The amount of damages granted in a medical negligence case depends on the severity and extent of the injuries and how they will affect the victim's life and the lives of their family. This is the reason it's important to seek out the help of an experienced attorney for birth injuries. They can assist you in constructing a strong case to secure the compensation you are entitled to. They will also gather all the necessary documents and details for your claim.

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