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Birth Injury Lawyers
For most families, childbirth is a joyful occasion. Sometimes babies are born with severe injuries that require long-term special attention.
If a doctor's actions or failure to act fell below the medical standard of care, and the birth injury that resulted caused damages, you may be entitled to an action for malpractice.
birth injury atlanta of births are healthy and happy, but nurses, doctors and other healthcare professionals may make mistakes. These errors can cause various serious injuries to mothers and their babies. In many instances, these errors are due to medical malpractice. Atlanta birth injury lawyers can assist families to file claims for compensation against negligent healthcare providers.
The first step is to prove that the doctor was obligated to the plaintiff a duty of care. This obligation can be proved by medical expert testimony or any other evidence that proves the healthcare provider did not follow the standards of their field in the particular case. This standard could be set out by the laws and regulations that regulate the healthcare industry or professional organizations, like medical boards.
Once this is accomplished then the next step is to demonstrate that the violation of this duty of care caused an injury. This can be done by proving that the healthcare professional failed to treat the injury in question or take any other appropriate steps to stop an injury from happening.
This kind of negligence can be shown by the doctor who fails to order an urgent C-section despite the mother's contractions are becoming stronger. The inability to act could result in wrongful death.
Another example of negligence is a healthcare professional who does not observe the baby's heartbeat while in labor or an expert who diagnoses the mother's health in error prior to the birth. In these instances, the doctor may fail to inform parents of their options for treatment and the risks that are involved.
When a child suffers an injury during birth and their family is left with a lot of expenses, including 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 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. In fact, three out of every 100 births result in serious birth injury. While there are many injuries that could be prevented most of the ailments that occur during labor and delivery result from medical negligence. Our Atlanta birth injury lawyers can help you identify if your child's birth injury was due to medical malpractice during labor or delivery.
Birth injuries can be extremely devastating for families, particularly when the condition will affect the child's life. If your child's condition is a result of medical negligence, then you could be entitled to compensation for future treatment as well as pain, suffering, lost wages, and any other damages.
The term "birth injury" is broad and may include emotional and physical trauma. Physical birth injuries include everything from skull fractures to bruising. They may also involve brain injuries, for example the lack of oxygen (hypoxic-ischemic encephalopathy) which can cause cerebral palsy and delays in development. They can also include damage to the spinal cord, which can lead to paralysis or amputation.
Similarly, emotional birth injuries may include post-traumatic stress disorder and other psychological traumas that result from a negligent medical birth. These types of birth injuries are more difficult to quantify but can be equally severe.
By identifying the risk factors that could be a contributing factor to the mother to these problems Birth defects can easily be prevented. Doctors can prepare for possible complications and perform preventive treatments, such as an amniocentesis. If there is a genetic defect or preexisting disease, however doctors cannot stop the onset of symptoms, even if they are aware of them prior to the birth of the child.
Despite the many tests conducted during a pregnancy, not all issues can be anticipated or avoided. For example, a baby may suffer skull fractures due to the improper use of a delivery tool or excessive force during the delivery process. This could result in cerebral palsy, or hypoxic-ischemic brain damage and also Erb's Palsy which is a condition that occurs when nerves in the upper arms are damaged, causing weakness or paralysis.
Damages
When a child suffers an injury during birth and suffers a traumatic birth, it can affect not just the family financially and physically, but emotionally as well. The damages given to a family in lawsuits are intended to compensate them for their losses. The amount of compensation awarded is contingent upon a variety of factors, including the type and severity of the injury and how it affected the child's life quality.
A good Atlanta birth injury lawyer can help families calculate their damages that are usually comprised of both economic and non-economic losses. Economic damages refer to the cost of medical treatment, future health needs, and other related expenses. A birth injury attorney can assist in determining the past and future costs of a child's injuries by working with experts and reviewing medical records, doctor's advice and expert opinions.
In addition to calculating a lifetime of medical expenses an attorney for birth injuries will also work with medical and financial experts to create a Life Care Plan that accounts for the impact that a child's injuries can affect their future. This may include the need for assistive devices, therapy sessions on a regular basis education, as well as other expenses related to the injury.
A lot of birth injury cases end in settlements, not trials. An experienced birth injury lawyer 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 there is no settlement, the attorney will bring a medical malpractice suit on the family's behalf and collect more evidence through discovery, which may include the sworn testimony of witnesses.
It is essential that parents of children who have been injured keep detailed records and receipts that support the claims they make in their legal argument. If the documents are not kept they could be used to reduce the value of a case or to reduce the amount given by an insurance company or court. It is important to consult an attorney who has experience in medical malpractice cases and who can handle complicated cases involving birth injuries. The expertise of the lawyer will ensure that the hospital or doctor is accountable for their actions and that an equitable settlement is reached.
Statute of Limitations
As a mom-to-be, you trust your doctors and nurses to ensure the birth of your child is as safe as it is. Unfortunately healthcare professionals 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 sue.
An attorney can investigate your claim and determine who's responsible for the child's injury. They will then determine the amount of the damages you are able to get which includes compensation for medical expenses and long-term health care needs.
It is recommended to seek legal advice as soon as you can. The statute of limitation is the maximum time period you have to start a lawsuit. It starts with the date of the incident. If you fail to meet the deadline, your case may be dismissed.
Georgia's statute of limitations is two years for adults beginning from the date of the injury. For cases involving children the statute of limitations is different. Georgia's Official Annotated Code 9-3-73 says that you have until your child turns five to bring a medical malpractice lawsuit against a doctor for birth injuries.
In atlanta birth injury lawsuit , a patient must prove that their healthcare provider had a duty to provide them with the best quality of medical care. The plaintiff must also prove that the healthcare professional violated this duty through negligence, omission or other action 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 inaction violated the standard of care.
The type of damage awarded in a medical malpractice case is contingent upon the severity of the injuries and the extent to which they affects the life of the victim and their family. It is essential to seek out the help of an attorney who has experience. They can assist you in building a strong claim to receive the compensation you are entitled to. They will also collect all the required documents and information for your claim.
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