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A Step-By-Step Instruction For Atlanta Birth Injury Lawyers
atlanta birth injury attorneys

For most families birth is a joyous moment. Sometimes, however, babies are born with severe injuries that require lifelong special attention.

If the actions of a doctor, or failure to act fell below the medical standard of care and the birth injury caused damages, you may be entitled to an action for malpractice.

Medical Malpractice

The majority of births are healthy and happy but occasionally doctors, nurses and other healthcare professionals make a mistake. These mistakes can cause serious injuries to babies and mothers. These errors are usually caused by medical malpractice. Atlanta birth injury attorneys can help families 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 using documents, evidence from medical experts, or any other evidence that proves the healthcare provider failed to follow the standard of care for their profession in a specific case. This standard could be set out by the laws and regulations that govern the healthcare industry, or by professional institutions, like a medical board.

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

This type of negligence can be proven by doctors who fail to order an urgent C-section despite the mother's contractions are growing stronger. This failure to act can result in wrongful death.

atlanta birth injury lawyers 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, a doctor may not inform parents of their choices for treatment options and the risks associated with those treatments.

If a child is born with a birth defect, the family could be faced with many expenses, such as ongoing medical bills and compensation to offset the long-term effects. Atlanta birth injury lawyer ReShea Balams assists clients across Georgia to hold negligent medical professionals accountable for their errors. She helps her clients to recover compensation for their financial and emotional loss.

Birth Injuries

There are some births that come with complications. Three out of every 100 births are associated with serious birth injuries. While some injuries are avoidable however, many of the problems that arise during labor and birth result from medical negligence. Our Atlanta birth injury lawyers can help identify the possibility that your child's birth injury was due to medical malpractice during labor and delivery.

Birth injuries can be devastating for families, particularly when the condition is likely to affect the child's life. Fortunately, if your child's condition was the result of negligence on the part of a medical professional, you may be entitled to compensation for the future treatment as well as pain and suffering, lost wages and other damages.

The term "birth injuries" is used in broad terms and can be used to describe both psychological and physical trauma. Physical birth injuries cover everything from skull fractures to bruises. Brain injuries can also be caused by a lack oxygen (hypoxic ischemic encephalopathy) which can cause cerebral palsy or developmental delays. They can also include damage to the spinal cord that can cause paralysis or amputation.

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

Many birth defects can be avoided by identifying the mother's risk factors for these problems before the pregnancy. Doctors can prepare for any potential problems and provide preventive procedures, like an amniocentesis. In cases of an inherited defect or a preexisting condition, 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 that are performed during pregnancy, not all problems can be predicted or avoided. A baby could suffer injuries to the skull as a result of the incorrect use of a delivery device or excessive force applied during the delivery. This could lead to the complication of hypoxic-ischemic encephalopathy and/or cerebral palsy, as well as the condition known as Erb's Palsy that causes damage to the nerves in the upper arm. This can cause weakness or paralysis of the arm.

Damages

If a child is born with a birth defect, it could have a negative impact on the family not only physically, but as well emotionally. The damages granted in a lawsuit are designed to compensate the family for the loss. The amount of compensation awarded depends on several factors, including the nature and severity of the injury and the impact it has had on the child's life.

A reputable Atlanta birth injury lawyer can help families calculate their losses that are usually comprised of both economic and non-economic losses. Economic damages include medical costs, future care requirements, and other expenses. A birth injury attorney can assist in determining the past and future costs of a child's injuries through working with experts and reviewing medical records, doctor's advice, and expert opinions.

A birth injury attorney will collaborate with medical and financial experts to create an Life Care Plan, which will consider the impact of a child's injuries on their future. This may include the need for assistive devices, therapy sessions on a regular basis as well as educational interventions, and other related expenses.

Settlements are typically reached in a variety of birth injury cases, but not trial. A skilled birth injury attorney is well-versed in the medical procedures involved, local courts and Georgia juries and is able to negotiate efficiently on a family's behalf. If a settlement is not reached, the attorney will bring a lawsuit against medical malpractice on behalf of the family and gather additional evidence via discovery. This could include sworn statements from witnesses.

Parents of children who have been injured should keep meticulous records, including receipts, in order to support their legal claims. In the event of not keeping these records, it could impede a case and decrease the amount given by a court or insurance company. This is why it is vital to consult with a lawyer who has expertise in medical malpractice law and is able to handle complicated cases involving birth injuries. The lawyer's experience 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 rely on nurses and doctors to ensure that your baby's birth is as safe as possible. But, unfortunately, healthcare professionals are only human, and mistakes can happen. These mistakes can cause serious injuries for the mother and child. When these injuries result from medical negligence, the victim can take legal action.

A lawyer can look into the claim and determine who is responsible for the injuries your child sustained. They will determine the amount of damages you could receive, including compensation for medical expenses and longer-term needs.

You should seek legal advice as soon as possible. The statute of limitations is the maximum amount of time you are allowed to initiate legal proceedings. It starts at the time of the incident. If you fail to meet the deadline, your case could be dismissed.

Georgia's statute is two years for adults starting from the date of the injury. The time limit for minors' cases is different. Georgia's Official Annotated Code 9-3-73 states that you must wait until the child reaches five years old to make a claim for medical malpractice against a doctor in the event of a birth injury.

In medical malpractice cases, the plaintiff must show that their healthcare provider had an obligation to provide them with the highest standard of medical care. The plaintiff must also show that the healthcare provider violated this duty by engaging in a negligent act 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 inaction or actions violated the standard.

The amount of damages that is awarded in a medical negligence case is contingent upon the severity of the injuries and the extent to which they can affect the lives of the victim and their family. This is the reason it's important to seek out an experienced birth injury lawyer. These lawyers can aid you in building a strong claim to receive the compensation you deserve. They will also gather all the documents and information you need for your claim.

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