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What Freud Can Teach Us About Atlanta Birth Injury Lawyers
Birth Injury Lawyers

Many families consider birth to be a joyful moment. However, sometimes, babies are born with severe injuries that require years of care and attention.

You could be able to file a malpractice suit when a doctor's conduct, or the lack thereof, fell below the standard of medical treatment and the birth injury that resulted from it caused damages.

Medical Malpractice

Most births are healthy and happy, but nurses, doctors and other healthcare professionals may make mistakes. These errors can cause various serious injuries for mothers and babies. These errors are often the result of medical negligence. Atlanta birth injury lawyers can assist families to file claims for compensation against negligent medical professionals.

The first step is to establish that the doctor was obligated to the plaintiff an obligation of care. This obligation can be established through records, testimony from medical experts, or any other evidence that proves the healthcare provider did not follow the standard of care required for their job in a particular case. This standard could be set by the laws and regulations that govern the healthcare industry or professional institutions, like a medical board.

After this is completed after that, the next step is to prove that the breach of this duty of care resulted in an injury. This can be done by proving that the healthcare professional failed to treat the injury or take other measures to prevent injury from happening.

A prime example of negligence would be a doctor failing to order an emergency C-section when the mother's contractions were becoming progressively stronger. The inability to act could lead to wrongful death.

Another example of negligence is a healthcare professional who 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 instances, a doctor may not inform parents of their options for treatment and the risks associated with those treatments.

When a child is born with a birth defect the family may be burdened with a lot of expenses like continuing medical bills and compensation to offset the long-term effects. ReShea Balams, an Atlanta birth injury attorney assists clients in Georgia to hold negligent doctors accountable for their mistakes. She assists her clients in recovering compensation to cover their financial and emotional losses.

Birth Injury

Not all births are without complications. Three out of every 100 births are accompanied by serious birth injuries. A lot of the injuries that occur during labor and delivery can be prevented, but most are caused by medical negligence. Our Atlanta birth injury lawyers can help you determine if the birth injury that your child suffered was caused by medical malpractice during labor or delivery.

Birth injuries can be a major issue for families, especially when the condition is likely to affect the child's life. If your child's condition is due to medical negligence, then you may be entitled to compensation for future treatment and suffering, pain, lost wages, and other damages.

The term "birth injuries" is used in a broad sense and can refer to both psychological and physical trauma. Physical birth injuries can range from skull fractures to bruising. They can also involve brain injuries, like the lack of oxygen (hypoxic-ischemic encephalopathy) which can cause cerebral palsy and developmental delays. Spinal cord damage can also result in amputation or paralysis.

Similarly, emotional birth injuries can include post-traumatic stress disorder and other psychological traumas that result from a negligent medical birth. These types of birth injuries are difficult to quantify, but they are equally serious.

Many birth defects can be avoided by identifying the mother's potential risk factors for these conditions before the pregnancy. Doctors can then plan for any potential problems and provide preventive procedures, like an amniocentesis. If there is a genetic defect or preexisting condition, however doctors cannot stop the onset of symptoms even if they recognize them before the child's birth.

Despite the numerous tests that are performed during pregnancy, not all problems can be predicted or prevented. A baby may suffer an injury to the skull due to the wrong use of a device for delivery or the excessive force used during the delivery. This can lead to the development of hypoxic-ischemic brain encephalopathy and/or cerebral palsy as well as the condition known as Erb's palsy that is caused by damage to the nerves in the upper arm and may cause weakness or paralysis of the leg.

Damages


When a child is born with a birth defect, it can have a negative impact on the family, not just physically but also emotionally. The damages awarded in a lawsuit are meant to reimburse the family for these losses. The amount of compensation awarded depends on a variety of factors, including the type and severity the injury, as well as the effect it has had on the child's life.

A reputable Atlanta birth injury lawyer can assist families with calculating damages, which usually include economic and non-economic loss. Economic damages include medical costs, future care requirements, and other costs. An attorney who specializes in birth injuries can assist in determining the past and future costs of a child's injuries through working with experts and looking over medical records, doctor's recommendations and expert opinions.

A birth injury attorney will collaborate with financial and medical experts to develop a Life Care Plan, which will take into account the effects of a child's injuries on their future. This can include the need for assistive devices, ongoing therapy or education interventions.

A lot of birth injury cases end in settlements instead of trials. An experienced birth injury attorney is well-versed in the medical procedures involved, local courts and Georgia juries and is able to negotiate effectively on a family's behalf. If the settlement is not reached the lawyer can start a lawsuit for medical malpractice on behalf of the family and collect more evidence through discovery, which may include witness testimony sworn by witnesses.

It is important that parents of children injured keep accurate documents and receipts to prove the claims made in their legal case. In the event of not keeping these records, it can diminish a case and decrease the amount given by a court or insurance company. It is crucial to talk with an attorney who has expertise in medical malpractice cases, and who can handle complicated cases involving birth injuries. The lawyer's experience will ensure that the hospital and doctor are accountable for their actions, and that a fair resolution is reached.

Statute of Limitations

As a mother-to-be, you rely on your doctors and nurses to ensure that the birth of your child is as safe as possible. But, unfortunately healthcare professionals are human and mistakes do happen. These errors can result in serious injuries to mother and child. If the injuries are a result of medical negligence, victims may file a lawsuit.

A lawyer can look into your claim and determine who is responsible for the child's injuries. They can also determine the amount of damages you may get, including reimbursement for medical expenses and longer-term needs.

atlanta birth injury lawyer to seek legal help immediately. The statute of limitation is the longest time you are required to start a lawsuit. It begins at the time of the incident. If you miss the deadline, your case may be dismissed.

Georgia's statute of limitations is 2 years for adults beginning from the date of the injury. For cases with children the statute of limitations is different. Georgia's Official Annotated Code 9-3-73 provides that you have until the child is five to bring a medical malpractice lawsuit against a doctor for birth injuries.

In medical malpractice cases, a plaintiff must show that their healthcare provider was bound by the obligation to provide them with the highest standard of medical treatment. The plaintiff must also prove that the healthcare professional violated this duty by committing negligence or omission which caused the injury. Miller Weisbrod Olesky, the Atlanta birth injury lawyers will employ one or two medical experts to prove that the healthcare professional's inaction or actions breached the standard.

The amount of damage that is awarded in a medical malpractice case is determined by the severity of the injuries and the extent to which it can affect the lives of the victim and their family. This is why it's essential to seek out the help of an experienced attorney for birth injuries. atlanta birth injury lawyers can aid you in constructing a strong case to get the compensation that you are entitled to. They will also gather all the required documents and details to prove your claim.

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