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Birth Injury Lawyers
Most families find birth to be a joyful event. But sometimes babies are born with devastating injuries that require years of special care and treatment.
If the actions of a doctor, or inactions were below the medical standard of care, and the birth injury that resulted led to damages, you may have grounds for a malpractice claim.
Medical Malpractice
The majority of births are healthy and happy, but sometimes nurses, doctors, and other healthcare professionals make mistakes. These errors can cause numerous serious injuries to mothers and infants. These errors are often caused by medical malpractice. Atlanta birth injury lawyers can help families file claims to recover compensation from negligent medical professionals.
The first step is to establish that the doctor owed the plaintiff an obligation of care. This obligation can be proven by medical expert testimony or any other evidence that shows the healthcare provider did not adhere to the requirements 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 organizations, like medical boards.
The next step is to prove that the breach of duty of care led to an injury. This can be done by proving that the healthcare provider failed to treat the injury or take any other appropriate steps to stop an injury from happening.
One example of negligence would be a doctor failing to order an emergency C-section at the time that the mother's contractions were becoming progressively stronger. Failure to act could result in wrongful death.
Other examples of this type of negligence could be medical professionals failing to monitor the baby's heart rate during labor, or a doctor making an improper diagnosis of the mother's health prior to the birth. In these instances the doctor might not to inform parents about their options for treatment and the dangers associated with them.
If a child suffers an injury during birth and their family is faced with a variety of expenses which include continuing medical bills and compensation for the long-term effects of the injuries. ReShea Balams is an Atlanta birth injury attorney, assists clients in Georgia to hold negligent doctors accountable for their mistakes. She helps her clients recover compensation to pay for their emotional and financial loss.
Birth Injury
Not all births are without complications. Three out of 100 births are associated with an injury to the birth. While not all injuries are preventable most of the ailments that occur during labor and delivery result from medical negligence. Our Atlanta birth injury attorneys can help you determine if the birth injury your child sustained was the result of medical malpractice during labor or delivery.
Birth injuries can be devastating for families, especially when the condition affects the child's life. Fortunately, if your child's illness was the result of medical negligence, you may be entitled to compensation for future treatment, suffering and pain, lost wages and other damages.
The term "birth injuries" is used in broad terms and can refer to both psychological and physical trauma. Physical birth injuries can include anything from bruising and lacerations to skull fractures. Brain injuries can result from a lack of oxygen (hypoxic ischemic Encephalopathy) that can lead to cerebral palsy or developmental delays. Damage to the spinal cord can cause paralysis or amputation.
Emotional birth injuries can include post-traumatic disorder and other psychological traumas resulting from a negligent or medically negligent birth. These kinds of birth injuries are harder to quantify, but they can be equally serious.
Many birth defects can be prevented by identifying the mother's risk factors for these issues before the birth. Doctors can then plan for possible complications and perform preventive procedures, like an amniocentesis. In the case of a genetic defect or preexisting health issue doctors are not able to prevent the onset of symptoms even if they recognize them before the child's birth.
Despite the many tests conducted during pregnancy, not all problems are easily detected or prevented. The baby could sustain a skull injury due to the incorrect use of a delivery device or excessive force used during delivery. This can lead to cerebral palsy and/or hypoxic-ischemic brain damage as well as Erb's Palsy which is a condition where 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 as well emotionally. The damages granted in a lawsuit are intended to compensate the family for the losses. The amount of compensation awarded depends on many factors, such as the type and severity the injury as well as the impact it has had on the child's life.
A reputable Atlanta birth injury lawyer can assist families in calculating damages, which typically include economic and non-economic losses. Economic damages are a result of medical treatment costs and future medical requirements and other costs. A birth injury lawyer can help determine past and future costs incurred by a child's injuries by working closely with experts, looking over medical records, doctor's recommendations, and expert opinions.
A birth injury attorney will work with medical and financial experts to develop an Life Care Plan, which will take into account the impact of a child's injuries on their future. This can include the need for aid devices, ongoing therapy or education programs.
Settlements are typically reached in a lot of birth injury cases, and not a trial. A birth injury lawyer who has experience in the field of medical, local courts and Georgia juries can negotiate on behalf of families. If there is no settlement, the attorney will start a lawsuit for medical malpractice on behalf of the family and gather more evidence through discovery, which includes the sworn testimony of witnesses.
Parents of children who are injured must keep detailed records, which include receipts, to support their legal claims. If the records are not maintained they could be used to lower the amount of compensation awarded by an insurance company or a court. It is important to consult a lawyer with experience in medical malpractice cases and who can handle complicated cases involving birth injuries. The lawyer's expertise will ensure that the doctor or hospital is held accountable for their actions and that an equitable settlement is reached.
Statute of Limitations
As a mother of a child you depend on your doctors and nurses to ensure that your baby's birth is as secure as it can be. Unfortunately healthcare professionals make mistakes. These errors can result in serious injuries to mother and child. If these injuries result from medical negligence, a victim can take legal action.
A lawyer can look into your claim and determine who is at fault for the child's injuries. They will then determine the extent of the damages you are able to recover which includes compensation for medical expenses as well as long-term care needs.
It is recommended to seek legal advice as soon as you are able to. atlanta birth injury lawsuit of limitations is the longest amount of time you are allowed to begin legal procedures. It starts at the time of the incident. If you fail to meet the deadline, your case could be dismissed.
For adults the statute of limitations for Georgia is two years from the date of the injury. However, for cases with children the statute of limitation is different. Georgia's Official Annotated Code 9-3-73 provides that you may make a claim for medical negligence against a doctor for a birth defect up until the child reaches age 5.
In medical malpractice cases, a plaintiff must show that their healthcare provider had the obligation to provide them with the highest level of care. The plaintiff must also show that the healthcare provider breached this duty by engaging in a negligent act or omission that caused the injury. Miller Weisbrod Olesky, the Atlanta birth injury attorneys will employ one or two medical experts to prove that the healthcare professional's actions or actions breached the standard.
The amount of damages awarded in a medical malpractice case is contingent upon the severity of the injuries and the extent to which it affects the life of the victim and their family. It is essential to seek the assistance of an attorney with experience. These lawyers can aid you in building a strong case to get the compensation you are entitled to. They will also collect all the required documents and evidence to support your claim.
Read More: https://www.openlearning.com/u/richardshoffmann-sdcv4j/blog/WhatAtlantaBirthInjuryAttorneysYouLlUseAsYourNextBigObsession
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