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Birth Injury Lawyers

For the majority of families the birth of a child is a joyful occasion. Sometimes, however, babies are born with serious injuries that require lifelong special care.

You could be able to make a claim for malpractice when a doctor's conduct, or the lack thereof was not up to the standard of medical care, and the birth injury atlanta injury that resulted from it caused damages.

Medical Malpractice

The majority of births are healthy and happy, but doctors, nurses and other healthcare professionals are prone to make mistakes. These mistakes can result in various serious injuries for mothers and their babies. In most cases, these mistakes result from medical negligence. Atlanta birth injury lawyers can assist families make claims for compensation against negligent healthcare providers.

The first step is to establish that the doctor owed an obligation to the plaintiff. This obligation can be established through the records of medical experts, or other evidence that proves that the healthcare provider did not adhere to the standard of care for their profession in a specific case. This standard could be derived from the laws and regulations that govern the healthcare industry or established by professional institutions such as medical boards or an independent regulatory agency.

Once this is done after that, the next step is to show that the violation of this duty of care resulted in an injury. This is done when the healthcare provider fails to treat the injury or take other steps to prevent an injury.

This type of carelessness can be proven by a doctor who fails to request an urgent C-section even though the mother's contractions are getting stronger. Failure to act could lead to an unintentional death.

Another example of negligence is when a healthcare professional isn't able to observe the baby's heartbeat while in labor or a doctor who diagnoses the mother's health in error prior to the birth. In these cases the doctor might not inform the parents about their options for treatment and the dangers associated with them.

If a child is born with a birth defect the family may be left with a host of costs like ongoing medical bills and compensation to offset the long-term effects. Atlanta birth injury lawyer ReShea Balams assists clients throughout Georgia to make medical professionals who are negligent accountable for their mistakes. She assists her clients in obtain compensation for their emotional and financial loss.

Birth Injuries

Not all births are without complications. In fact, three of every 100 births are associated with a serious birth injury. Although 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 determine whether your child's birth injury was the result of medical malpractice during labor and delivery.

Birth injuries can be a devastating experience for families, particularly when the condition will affect their child for the remainder of their life. If your child's illness is due to medical negligence, then you may be entitled compensation for future treatment as well as suffering, pain, lost wages, and other damages.

The term "birth injuries" is used in broad terms and could refer to psychological and physical trauma. Physical birth injuries could include anything from lacerations and bruising to skull fractures. They can also involve brain injuries, such as a lack of oxygen (hypoxic-ischemic encephalopathy), which causes cerebral palsy as well as developmental delays. They can also include damage to the spinal cord that can cause paralysis or amputation.

In the same way, emotional birth traumas can also include post-traumatic stress disorders and other psychological trauma stemming from a medically negligent birth. These types of injuries may be more difficult to quantify, but just as serious as physical birth injuries.

By identifying the risk factors for the mother to these problems Many birth defects can be easily prevented. Doctors can plan for possible complications and provide preventive treatments, such as amniocentesis. In the case of an inherited defect or a preexisting health issue doctors are not able to prevent the onset of symptoms, even if they identify them prior to the birth of the child.

Despite the many tests conducted during pregnancy, not all complications can be anticipated or Atlanta birth injury lawyer avoided. For instance, a newborn could suffer from skull fractures as a result of improper use of a delivery tool or excessive force during the delivery process. This could result in cerebral palsy and/or Atlanta birth injury lawyer hypoxic-ischemic brain damage, as well as Erb's Palsy which is a condition in which nerves in the upper arms are damaged, leading to weakness or paralysis.

Damages

When a child suffers an injury at birth that is caused by a birth injury, it affects not only the family financially and physically, but emotionally as well. The damages granted in a lawsuit are designed to pay the family back for the losses. The amount of money awarded depends on a number of aspects, including the nature and severity of the injury as well as how it affected the child's quality of living.

A reputable Atlanta birth injury lawyer can assist families calculate their losses, which are typically comprised of economic and non-economic losses. Economic damages refer to the cost of medical treatment, future healthcare requirements, and other expenses. A birth injury lawyer can help determine the future and past costs of injuries to a child by working closely with experts, reviewing medical records, doctor's recommendations, and expert opinion.

In addition to calculating a lifetime's worth of medical expenses, a birth injury lawyer will also work with financial and medical specialists to develop an Life Care Plan that accounts for the impact that a child's injuries will have on their future. This can include the need for aid devices, ongoing therapy or education programs.

Settlements are usually reached in many birth injury cases, rather than the trial. A birth injury lawyer who is experienced in the area of medical malpractice, local courts, and Georgia juries can negotiate on behalf of the family. However, if a settlement is not reached, a lawyer will file a medical malpractice lawsuit on behalf of the family. They will also collect more evidence through discovery, which may include sworn testimony from witnesses.

Parents of children who have been injured should keep detailed records, including receipts, to support their legal claims. Failure to keep these documents could impede a case and decrease the amount given by a court or insurance company. For this reason, it is crucial to speak with a lawyer who has an extensive background in medical malpractice law and who can deal with complex cases that involve 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 are dependent on nurses and doctors to ensure the birth of your child is as secure as it can be. However healthcare professionals are human and mistakes happen. These errors can cause serious injuries to both mother and child. If the injuries are the result of medical negligence, the victims could file a lawsuit.

A lawyer can investigate the claim and determine who was at fault for the injury your child sustained. They will determine the amount of damages you could receive, which includes the reimbursement for medical expenses as well as long-term needs.

You should seek legal advice as soon as you are able to. The statute of limitations is the most time-bound amount of time you have to initiate legal proceedings. The clock begins at the date of the incident. If you fail to meet this deadline, your case may be dismissed.

For adults the statute of limitations for Georgia is two years from the date of injury. The time-limit for minors' cases is different. Georgia's Official Annotated Code 9-3-73 says that you can file a medical negligence lawsuit against a doctor to remedy a birth defect until the child is five years old.

In medical malpractice cases, a plaintiff must prove that the healthcare provider was under the obligation to provide the highest level care. The plaintiff must also prove that the healthcare provider breached this duty by committing an act of negligence or omission that caused the injury. The Atlanta birth injury lawyers at Miller Weisbrod Olesky will hire one or more expert medical witnesses to show that the healthcare professional's actions or inactions violated the standard of medical care.

The type of damage granted 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. This is why it's essential to seek the assistance of an experienced birth injury attorney. These attorneys can help you create a strong case to get the compensation you deserve. They will also collect all the documents and information you need for your claim.