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Birth Injury Lawyers

Many families consider childbirth to be a joyous event. Sometimes, however, babies are born with serious injuries that require a lifetime of special attention.

If a doctor's actions or failure to act fell below the medical standard of care, and the resulting birth injury caused damage, you could be able to file a malpractice claim.

Medical Malpractice

The majority of births are healthy and happy, however nurses, doctors and other healthcare professionals may make mistakes. These mistakes can result in a variety of serious injuries for mothers and babies. These errors are usually caused by medical malpractice. Atlanta birth injury lawyers can help families file a claim for compensation against negligent medical professionals.

The first step is to establish that the doctor owed a duty to the plaintiff. This obligation can be established using the records of medical experts, or other evidence that proves that the healthcare provider failed to follow the standard of care they are required to follow in a particular case. This standard may be laid out in the laws and regulations that regulate the healthcare industry or professional organizations, like a medical board.

Once this is accomplished, the next step is to prove that the breach of this duty of care resulted in an injury. This can be done by establishing that the healthcare professional failed to treat the injury in question or take any other appropriate steps to prevent injury from occurring.

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

Another example of negligence is a healthcare professional who fails to check the baby's heartbeat during labor or a doctor who diagnoses the mother's health wrongly prior to the birth. In these cases, the doctor may fail to inform parents about their options for treatment and the dangers that are involved.

When a child is born with a birth defect the family may be left with many expenses like continuing medical bills and compensation to cover the long-term effects. Atlanta birth injury lawyer ReShea Balams assists clients across Georgia to make medical professionals who are negligent accountable for their errors. She helps her clients recover compensation to help them cover their financial and emotional loss.

Birth Injuries

While many births are joyful events, not all are free of complications. Three out of 100 births are associated with a serious birth injury. A lot of the injuries that occur during labor and delivery can be prevented, but most are caused by medical negligence. Our atlanta birth injury attorneys birth injury lawyers can help you determine whether your child's birth injury was caused by medical malpractice during labor and delivery.

Birth injuries can be a devastating experience for families, particularly when the condition affects their child for the rest of his or her life. If your child's illness is a result of medical negligence, then you could be entitled to compensation for future treatment as well as suffering, pain, loss of 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 everything from lacerations and bruises to skull fractures. They may also involve brain injuries, for example the lack of oxygen (hypoxic-ischemic encephalopathy) that causes cerebral palsy as well as developmental delays. The damage to the spinal cord could cause paralysis or amputation.

Similarly, emotional birth injuries can also include post-traumatic stress disorders and other psychological traumas resulting from a negligent medical birth. These types of injuries may be more difficult to quantify, but are 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 prior to the time of pregnancy. Doctors can plan for possible complications and offer preventive treatments, such as amniocentesis. A physician cannot prevent symptoms that are caused by genetic disorders or preexisting conditions, even if the doctor has identified them prior to the birth of the child.

Despite the many tests conducted during pregnancy, not all complications can be anticipated or avoided. A baby could suffer an injury to the skull due to the incorrect use of a delivery device or excessive force used during the delivery. This can lead to the development of hypoxic-ischemic brain encephalopathy and/or cerebral palsy, as well as the condition called Erb's palsy that causes nerve damage in the upper arm. This can result in weakness or paralysis in the leg.

Damages

If a child is injured during an injury during birth, it often impacts not just the family physically and financially but also emotionally. The damages granted in a lawsuit are designed to reimburse the family for the loss. The amount of money awarded is contingent upon a variety of aspects, including the nature and extent of the injury and how it has impacted the child's quality of life.

A good Atlanta birth injury lawyer can help families calculate their losses that are usually comprised of non-economic and economic losses. Economic damages include the costs of medical treatment, future healthcare needs, and other related expenses. A birth injury attorney can assist in determining the present and future costs of a child's injuries through working with experts and reviewing medical records, doctor's advice, and expert opinions.

In addition to calculating a lifetime's worth of medical costs, a birth injury lawyer will also collaborate with medical and financial specialists to put together an Life Care Plan that accounts for the impact a child's injuries can affect their future. This could include the requirement for assistive devices, ongoing therapy as well as educational interventions, and other related expenses.

Many birth injury cases result in settlements instead of trials. A birth injury lawyer who has experience in the field of medicine, local courts, and Georgia juries can negotiate on behalf of a family. If the settlement is not reached, the attorney will file a medical malpractice lawsuit on the family's behalf and gather additional evidence through discovery, which may include the sworn testimony of witnesses.

It is important that parents of children injured keep accurate documents and receipts to prove the claims made in their legal cases. In the event that the documents are not kept they could be used to decrease the value of a case or to reduce the amount given by an insurance company or court. This is why it is essential to speak with a lawyer who has a strong background in medical malpractice law and is able to handle complicated cases that involve birth injuries. The experience of the lawyer will ensure that the hospital and the doctor are held accountable for their actions and that a fair resolution is reached.

Statute of Limitations

As a pregnant mother you depend on nurses and doctors to ensure that the birth of your child is as secure as it can be. However, healthcare professionals are only human, and mistakes can happen. These errors can cause serious injuries to mother and child. When these injuries are caused by medical negligence, the victim can take legal action.

A lawyer can investigate the claim and determine who was at fault for the injuries your child sustained. They can also determine the amount of damages you can receive, which includes compensation for medical expenses and long-term requirements.

It's important to seek legal advice right away. The statute of limitations is the most time-bound amount of time you have to begin legal actions. The clock begins at the date of the incident. If you do not meet the deadline, your case may be dismissed.

Georgia's statute is two years for adults from the date of injury. The time-limit for Atlanta Birth Injury Lawyer minors' cases is different. Georgia's Official Annotated Code 9-3-73 says that you can bring a medical negligence lawsuit against a doctor who caused a birth defect up until the child reaches age 5.

In medical malpractice cases a plaintiff must demonstrate that the healthcare provider had an obligation to provide the best care. The plaintiff must also show that the healthcare provider breached this duty by engaging in 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 amount of damages that are granted in a medical negligence case is determined by the degree and severity of the injuries, and how they impact the life of the victim and the lives of their families. This is why it's essential to seek out the help of an experienced birth injury attorney. These attorneys can help you make a convincing case and get the compensation you deserve. They will also gather all the necessary documents and evidence to support your claim.