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Birth Injury Lawyers

Many families consider childbirth to be a joyous occasion. Sometimes babies are born with serious injuries that require long-term special care.

If a doctor's actions or inactions were below the medical standard of care, and the birth injury caused damage, you could have grounds for a malpractice claim.

Medical Malpractice

Most births are happy and healthy, but doctors, nurses and other healthcare professionals may make mistakes. These errors can lead to numerous serious injuries for mothers and infants. In most cases, these mistakes are due to medical malpractice. Atlanta birth injury attorneys can assist families in filing claims for compensation against negligent healthcare providers.

The first step is to establish that the doctor was obligated to the plaintiff the duty of care. This obligation can be established through medical expert testimony or any other evidence that shows the healthcare provider did not follow the requirements of their field in the particular instance. This standard could be set out by the laws and regulations that regulate the healthcare industry, or by professional institutions, like a medical board.

The next step is to prove that the breach of duty of care resulted in an injury. This can be done in the event that the healthcare professional is unable to treat the injury or take other steps to prevent an injury.

This kind of negligence could be demonstrated by doctors who fail to order an urgent C-section, even though the mother's contractions are growing stronger. This failure to act could lead to a negligent death.

Other examples of this type of negligence could be medical professionals failing to properly monitor the baby's heart rate during labor or a doctor delivering an incorrect diagnosis of mother's condition prior to the birth. In these cases the doctor might fail to inform the parents of their choices for treatment options and the risks associated with those treatments.

If a child suffers a birth injury, their family can be left with a lot of costs that include ongoing medical bills as well as compensation for the long-term effects of the injuries. Atlanta birth injury lawyer ReShea Balams assists clients throughout Georgia to hold negligent medical professionals accountable for their mistakes. She assists her clients in recover compensation for their financial and emotional loss.

Birth Injuries

There are some births that come with complications. Three out of 100 births are followed by 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 you determine whether your child's birth injury was caused by medical negligence during labor and delivery.

Birth injuries can be a major issue for families, particularly when the condition affects the child's life. If your child's illness is due to medical negligence, you could be entitled to compensation for future treatment, suffering, pain, loss of wages, and other damages.

The term "birth injuries" is used in broad terms and can be used to describe psychological and physical trauma. Physical birth injuries include everything from skull fractures to bruising. Brain injuries can also result from a deficiency of oxygen (hypoxic ischemic cerephalopathy) which can cause cerebral palsy or developmental delays. Damage to the spinal cord can cause amputation or paralysis.

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

Many birth defects can be prevented by identifying the mother's potential risk factors for these conditions before the birth. Doctors can prepare for possible complications, and provide preventive treatments such as amniocentesis. In the case of an inherited defect or a preexisting health issue doctors cannot stop the onset of symptoms, even if they identify them prior to the birth of the child.

Despite the many tests that are performed during pregnancy, not all complications can be anticipated or avoided.  atlanta birth injury lawyer  could suffer a skull injury due to the improper use of a delivery device or excessive force used during delivery. This could result in the complications of hypoxic-ischemic epilepsy and/or cerebral palsy as well as the condition called Erb's palsy that is caused by nerve damage in the upper arm. This can cause weakness or paralysis in the limb.

Damages

When a child suffers an injury during birth that is caused by a birth injury, it affects not just the family physically and financially, but emotionally as well. The damages that are awarded to a family during a lawsuit is intended to compensate the family for their losses. The amount of compensation awarded depends on several factors, such as the type and severity the injury and the impact it has had on the child's life.

A good Atlanta birth injury lawyer can assist families with calculating damages, which typically comprise economic and non-economic losses. Economic damages include the costs of medical treatment, future healthcare requirements, and other expenses. An attorney who specializes in birth injuries can assist in determining the present and future costs of injuries sustained by a child by working with experts and looking over medical records, doctor's advice and expert opinions.

An attorney for birth injuries will collaborate with medical and financial experts to develop an Life Care Plan, which will take into consideration the consequences of a child's injury on their future. This could include the requirement for assistive devices, therapy sessions on a regular basis, education interventions, and other related expenses.

A lot of birth injury cases end in settlements rather than trials. A birth injury lawyer with experience in the field of medical malpractice, local courts, and Georgia juries can negotiate on behalf of families. If a settlement is not reached, the lawyer will bring a lawsuit against medical negligence on behalf of the family and gather additional evidence through discovery. This could include sworn statements from witnesses.

It is essential that parents of injured children keep detailed documents and receipts to prove the claims made in their legal argument. Failure to keep these documents could impede a case and reduce the compensation awarded by a court or insurance company. It is crucial to talk with an attorney who has experience in medical malpractice cases and who is able to deal with complicated cases involving birth injury. The lawyer's expertise will ensure that the doctor or hospital is accountable for their actions and ensure that a fair settlement is agreed upon.

Statute of limitations

As a mother-to-be, it is your responsibility to depend on doctors and nurses to ensure that the birth of your child is as secure as it is. But, unfortunately, healthcare professionals are only human and mistakes do happen. These errors can lead to serious injuries to the mother and child. When these injuries are caused by medical negligence, the victim may pursue legal action.

An attorney can investigate the claim and determine who was at fault for the injury your child sustained. They will then determine the extent of the damages you could get which includes reimbursement for medical expenses and long-term care needs.

It is essential to seek legal assistance right away. The statute of limitations is the maximum amount of time you have to initiate legal actions. It begins counting down from the date of the incident. If you miss this deadline, your case could be dismissed.

Georgia's statute of limitations is 2 years for adults beginning from the date of injury. The statute of limitations for cases involving minors is different. Georgia's Official Annotated Code 9-3-73 provides that you may file a medical negligence lawsuit against a doctor who caused a birth defect up until the child reaches age five.

In medical negligence cases, a patient must prove that their healthcare provider was bound by the obligation to provide them with the best level of medical care. The plaintiff must also prove that the healthcare provider breached this duty through an act of negligence or omission that resulted in the injury. Miller Weisbrod Olesky, the Atlanta birth injury attorneys, will hire two or three expert medical witnesses to prove that the healthcare professional's negligence or actions contravened the law.

The amount of damages that are awarded in a medical negligence case is contingent on the degree and severity of the injuries, and how they impact the victim's life and the lives of their families. It is important to seek the advice of an attorney with experience. These attorneys can help you make a convincing case and receive the compensation you deserve. They will also gather all the evidence and documents you need for your claim.