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Birth Injury Lawyers

For most families birth is a joyous occasion. Sometimes, however, babies are born with severe injuries that require lifelong special attention.

If the actions of a doctor, or failure to act fell below the medical standard of care and the birth injury caused damages, you may be able to file an action for malpractice.

Medical Malpractice

The majority of births are happy and healthy, but sometimes nurses, doctors, and other healthcare professionals make a mistake. These errors can result in serious injuries to mothers and babies. In many cases, these mistakes result from medical negligence. Atlanta birth injury lawyers can help families file a claim for compensation against negligent healthcare providers.

The first step is to prove that the doctor was obligated to the plaintiff the duty of care. This obligation can be proven by medical expert testimony or any other evidence that proves the healthcare provider did not follow the standards of their profession in the specific case. This standard could be derived from the laws and regulations governing the healthcare industry or established by professional organizations like a medical board or independent regulatory agency.

The next step is to prove that the breach of duty of care led to an injury. This is done by proving that the healthcare provider was unable to treat the injury in question or take other appropriate measures to stop an injury from happening.

This type of carelessness could be demonstrated by the doctor who fails to order an urgent C-section, even though the mother's contractions are getting stronger. Failure to act could cause wrongful death.

Other instances of negligence could be medical professionals failing to properly check the heart rate of a baby during labor or a doctor who makes an improper diagnosis of the mother's health prior to the birth. In these cases the doctor might not to inform parents of their treatment options and the risks 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 pay for the long-term consequences. ReShea Balams, an Atlanta birth injury attorney, assists clients in Georgia to make negligent doctors accountable for their mistakes. She helps her clients to get compensation for their emotional and financial loss.

Birth Injury

While many births are joyous occasions, not all are without complication. In fact, three out of every 100 births result in serious birth injury. Although not all injuries are preventable, many of the conditions that arise during labor and delivery result from medical negligence. Our atlanta birth injury attorneys birth injury lawyers can assist you to identify the possibility that your child's birth injury was due to medical negligence during labor and delivery.

Birth injuries can be a devastating experience to families, especially if the condition will affect their child for the remainder of their life. Fortunately, if your child's illness was caused by medical negligence, you may be entitled to compensation for the future treatment, suffering and pain, lost wages and other damages.

The term "birth injury" is broad and may include emotional and physical trauma. Physical birth injuries can include anything from bruising and lacerations to skull fractures. They can also involve brain injuries, for example the lack of oxygen (hypoxic-ischemic encephalopathy), which causes cerebral palsy and developmental delays. They can also include spinal cord injuries, which can lead to paralysis or amputation.

Emotional birth injuries are a result of post-traumatic disorder as well as other psychological traumas that result from a negligent medical delivery. These kinds of injuries can be more difficult to quantify, but are just as grave as a physical birth injury.

Many birth defects can be avoided by identifying the mother's risk factors for these issues prior to the time of pregnancy. Doctors can then plan for possible complications and perform preventive procedures, like an amniocentesis. In the case of a genetic defect or preexisting health issue doctors cannot stop the onset of symptoms, even if they recognize these before the child's birth.

Despite the numerous tests that are performed during a pregnancy, not all issues can be anticipated or avoided. For instance, a baby could suffer from skull fractures due to the improper use of a delivery tool or excessive force during the delivery process. This could lead to the development of hypoxic-ischemic brain encephalopathy and/or cerebral palsy, and atlanta birth injury lawyers also the condition called Erb's palsy that is caused by nerve damage in the upper arm and can result in weakness or paralysis in that limb.

Damages

When a child is born with a birth defect it can have a negative effect on the family, not just physically, but also emotionally. The damages granted in a lawsuit are meant to reimburse the family for the losses. The amount of compensation awarded depends on a number of aspects, including the nature and severity of the injury and how it affected the child's quality of living.

A reputable Atlanta birth injury lawyer can help families calculate their damages, which are typically comprised of non-economic and economic losses. Economic damages can include medical expenses and future medical requirements and other expenses. An attorney who specializes in birth injuries can help determine the past and future costs of a child's injuries through working with experts and looking over medical records, doctor's advice and expert opinions.

A birth injury lawyer will collaborate with financial and medical experts to develop an Life Care Plan, which will take into account the effects of a child's injuries on their future. This could include the need for assistive devices, therapy sessions on a regular basis as well as educational interventions, and other expenses related to the injury.

A lot of birth injury cases end in settlements rather than trials. An experienced birth injury attorney is familiar with the medicine involved, as well as the local courts and Georgia juries and is able to negotiate effectively on behalf of a family's behalf. If a settlement is not reached, the lawyer will file a lawsuit for Atlanta birth injury lawyers medical malpractice on behalf of the family and collect additional evidence through discovery. This includes sworn testimonies from witnesses.

Parents of children who have been injured should keep meticulous records, including receipts, in order to support their legal claims. In the event that the documents are not kept they could be used to reduce a case or the compensation given by an insurance company or court. It is essential to speak with a lawyer with experience in medical malpractice cases and who is able to deal with complicated cases involving birth injuries. The experience of the lawyer 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 pregnant mother you depend on your doctors and nurses to ensure that your baby's birth is as safe as possible. Unfortunately, healthcare professionals make mistakes. These errors can lead to serious injuries to the mother and child. If the injuries result from medical negligence, the victim can take legal action.

A lawyer can investigate your claim and determine who's at fault for the child's injury. They can also determine the amount of damages you could get, including compensation for medical expenses and long-term requirements.

It is recommended to seek legal advice as soon as you are able to. The statute of limitations is the longest time you have to file a lawsuit. The clock starts at the date of the incident. If you do not meet this deadline, your case could be dismissed.

For adults the statute of limitations in Georgia is two years from the date of injury. The statute of limitations for minors' cases is different. Georgia's Official Annotated Code 9-3-73 states that you can make a claim for medical negligence against a doctor to remedy birth defects until the child reaches age five.

In medical malpractice cases, a plaintiff must demonstrate that the healthcare provider had the obligation to provide the best treatment. The plaintiff must also show that the healthcare professional violated this duty through a negligent act, omission or other action that resulted in 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 standards of medical care.

The amount of damages that are awarded in a case of medical negligence is determined by the degree and severity of the injuries, as well as how they impact the life of the victim and that of their family. It is crucial to seek the advice of a birth injury lawyer with experience. They can assist you in putting together a solid case to secure the compensation that you deserve. They will also collect all the documents and information that you require for your claim.