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Birth Injury Lawyers
Many families consider childbirth to be a joyful moment. But sometimes babies are born with severe injuries that require a lifetime of care and attention.
If a doctor's actions or inactions were below the medical standard of care, and the resulting birth injury caused damage, you could be entitled to an action for malpractice.
Medical Malpractice
Most births are happy and healthy, but nurses, doctors and other healthcare professionals can make mistakes. These errors can cause various serious injuries for mothers and babies. In most cases, these mistakes result from medical malpractice. Atlanta birth injury lawyers can assist families make an action for compensation against negligent medical professionals.
atlanta birth injury lawyers is establishing that the doctor owed a duty to the plaintiff. This obligation can be proved by medical expert testimony or any other evidence that shows the healthcare provider didn't adhere to the standards of their profession in the particular case. This standard could be set out in the laws and regulations that regulate the healthcare industry or by professional institutions, like medical boards.
Once this is accomplished after that, the next step is to demonstrate that the violation of this duty of care resulted in an injury. This can be done by proving that the healthcare provider was unable to treat the injury or take any other appropriate steps to prevent an injury from occurring.
This kind of negligence can be proven by doctors who fail to order an urgent C-section even though the mother's contractions are becoming stronger. The failure to act could lead to a negligent death.
atlanta birth injury lawsuit of this type of negligence could include a healthcare professional failing to monitor a baby's heart rate during labor or a doctor delivering an improper diagnosis of the mother's health prior to the birth. In these cases doctors may not to inform parents about their treatment options and the risks that are involved.
If a child is born with a birth defect, the family could be faced with a lot of expenses, such as ongoing medical bills as well as compensation to offset the long-term effects. Atlanta birth injury lawyer ReShea Balams works with clients across Georgia to make medical professionals who are negligent accountable for their mistakes. She helps her clients to get compensation for their financial and emotional loss.
Birth Injuries
Not all births are without complications. In fact, three out of every 100 births result in serious birth injury. Many of the injuries that occur during labor and delivery are preventable, but many are the result of medical negligence. Our Atlanta birth injury lawyers can help you determine the possibility that your child's birth injury was due to medical malpractice during labor or delivery.
Birth injuries can be a devastating experience to families, especially if the condition will affect their child for the remainder of their life. If your child's condition is due to medical negligence, you could be entitled to compensation for future treatment and suffering, 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 range from skull fractures to bruises. Brain injuries can result from a deficiency of oxygen (hypoxic ischemic cerephalopathy) which can cause cerebral palsy or developmental delays. They can also include damage to the spinal cord which could lead to paralysis or amputation.
In the same way, emotional birth traumas can include post-traumatic stress disorder and other psychological trauma stemming from a negligent medical birth. These types of injuries may be more difficult to quantify, but just as important as a physical birth injury.
Many birth defects can be avoided by identifying the mother's potential risk factors for these conditions before the birth. Doctors can then plan for possible complications and perform preventive treatments, such as an amniocentesis. Physicians cannot stop symptoms that are caused by genetic disorders or preexisting conditions, even if a doctor has identified them prior to the birth of the baby.
Despite the many tests that are performed during pregnancy, not every complication 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 the excessive force used during the delivery. This can result in cerebral palsy, or hypoxic-ischemic brain damage as well as Erb's palsy which is a condition where nerves in the upper arms are damaged, leading to weakness or paralysis.
Damages
If a child is injured during an injury during birth, it often impacts not only the family physically and financially, but emotionally as well. The damages granted in a lawsuit are intended to pay the family back for the loss. The amount of compensation awarded depends on a variety of factors, such as the nature and severity of the injury as well as the impact it has had on the child's life.
A good Atlanta birth injury lawyer can help families calculate damages, which typically include economic and non-economic loss. Economic damages are the cost of medical treatment, future care needs, and other expenses. A birth injury lawyer can assist in determining the future and past costs of injuries to a child by working closely with experts, examining medical records, doctors' recommendations, and expert opinion.
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 could include the need for aid devices, ongoing therapy or educational interventions.
Many birth injury cases result in settlements rather than trials. An experienced birth injury attorney is familiar with the drugs involved, the local courts and Georgia juries and is able to negotiate effectively on behalf of a family's behalf. If a settlement cannot be reached, the attorney will initiate a lawsuit for medical malpractice on behalf of the family, and gather additional evidence via discovery. This could include sworn statements from witnesses.
It is essential that parents of children injured keep detailed documents and receipts to prove the claims they make in their legal case. Failure to keep these documents can impede the case and reduce the compensation given by a court or insurance company. It is essential to speak with a lawyer with experience in medical malpractice cases, and who can deal with complicated cases involving birth injuries. The experience of the lawyer will ensure that the doctor or hospital is accountable for their actions, and a fair settlement is agreed upon.
Statute of Limitations
As a mother-to-be you depend 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 do happen. These mistakes can cause serious injuries to the mother and child. If these injuries are the result of medical negligence, the victims may file a lawsuit.
A lawyer can investigate your claim and determine who's at fault for the child's injuries. They can determine the amount of damages you may get, including the reimbursement for medical expenses as well as long-term requirements.
It is crucial to seek legal assistance immediately. The statute of limitation is the time limit for when you have to start a lawsuit. The clock starts from the date of the incident. If you miss this deadline, your case could be dismissed.
For adults, Georgia's statute of limitations is two years from the date of the injury. For cases with children the statute of limitation is different. Georgia's Official Annotated Code 9-3-73 states that you have until your child reaches five years old to file a medical malpractice lawsuit against a physician for birth injuries.
In medical malpractice cases, a plaintiff has to show that the healthcare provider was under a duty to them to provide the best medical care. The plaintiff must also show that the healthcare provider violated this duty by committing a negligent act, omission or other action which caused the injury. The Atlanta birth injury lawyers at Miller Weisbrod Olesky will hire one or more expert medical witnesses to demonstrate that the healthcare professional's actions or inaction breached the standards of medical care.
The amount of damages granted in a medical negligence case is contingent on the severity and the extent of the injuries and how they 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 birth injury attorney. These attorneys can help you build a strong case and receive the compensation you are due. They will also gather all the documents and information you require to file your claim.
