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Birth Injury Lawyers

The majority of families consider birth to be a joyful moment. But sometimes babies are born with devastating injuries that require a lifetime of specialized care and treatment.

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

Medical Malpractice

The majority of babies are happy and healthy, but sometimes doctors, nurses, and other healthcare professionals make mistakes. These errors can lead to numerous serious injuries to mothers and infants. In many instances, these errors are due to medical malpractice. Atlanta birth injury lawyers can assist families make claims to recover compensation from negligent medical professionals.

The first step is establishing that the doctor owed an obligation to the plaintiff. This obligation can be established through records, testimony from medical experts, or any other evidence that proves that the healthcare provider failed to follow the standard of care they are required to follow in a specific case. This standard could be set by the laws and regulations that regulate the healthcare industry or professional institutions, like medical boards.

The next step is to establish that the breach of 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 other measures to prevent injury from occurring.

A prime example of negligence is a doctor failing to order an emergency C-section while the mother's contractions became progressively stronger. The failure to act could lead to a negligent death.

Other examples of this type of negligence might include a healthcare professional failing to properly check the heart rate of a baby during labor, or a doctor making an incorrect diagnosis of the mother's condition before the birth. In these cases doctors may not inform parents of their choices for treatment options and the risks associated with those treatments.

If a child is born with a birth defect, the family could be faced with a lot of expenses including continuing 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 to obtain compensation for their emotional and financial loss.

Birth Injury

Although many births are happy occasions, not all are without complications. In fact, three of every 100 births are associated with a serious birth injury. While some injuries are avoidable most of the ailments that occur during labor and birth result from medical negligence. Our Atlanta birth injury lawyers can help identify if your child's birth injury was due to medical malpractice during labor and delivery.

Birth injuries can be a major issue for families, particularly when the condition will affect the child's life. Fortunately, if your child's condition was caused by medical negligence and you are a victim, you could be entitled to compensation for your child's future treatment or suffering and suffering as well as lost wages and other damages.

The term "birth injury" is broadly defined and may include emotional and physical trauma. Physical birth injuries could include anything from bruising and lacerations to skull fractures. They may also involve brain injuries, such as an absence of oxygen (hypoxic-ischemic encephalopathy) that causes cerebral palsy as well as developmental delays. They may also be caused by spinal cord damage that can cause paralysis or even amputation.

Emotional birth injuries can include post-traumatic disorder as well as other psychological trauma resulting from a negligent medical delivery. These types of injuries may be more difficult to quantify, but just as important as physical birth injuries.

Many birth defects can be prevented by identifying the mother's risk factors for these issues before the birth. Doctors can then prepare for any potential problems and provide preventive procedures, like an amniocentesis. In cases of a genetic defect or preexisting condition, however doctors cannot stop the onset of symptoms even if they identify them before the child's birth.

Despite the numerous tests that are performed during pregnancy, not all problems can be predicted or avoided. A baby may suffer a skull injury due to the incorrect use of a device for delivery or excessive force applied during delivery. This can lead to 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 at birth that is caused by a birth injury, it affects not only the family financially and physically, but emotionally as well. The damages that are awarded to a family during a lawsuit are meant to compensate them for their losses. The amount of compensation awarded depends on a variety of factors, including the severity and nature of the injury, as well as the effect it has had on the child's life.

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

In addition to calculating a lifetime's worth of medical expenses, a birth injury lawyer will also collaborate with financial and medical specialists to develop a Life Care Plan that accounts for the impact that a child's injuries could affect their future. This may include the need for assistive devices, therapy sessions on a regular basis, education interventions, and other expenses related to the injury.

A lot of birth injury cases end in settlements instead of trials. An experienced birth injury lawyer is familiar with the medicine involved, the local courts and Georgia juries, and can negotiate effectively on a family's behalf. If a settlement is not reached, the attorney will initiate a lawsuit for medical negligence on behalf of the family, and gather additional evidence through discovery. This includes sworn testimony from witnesses.

It is essential that parents of children who have been injured keep accurate documents and receipts to prove the claims they make in their legal argument. Failure to maintain these records could impede a case and diminish the amount awarded by a court or insurance company. Therefore, it is crucial to speak with a lawyer who has expertise in medical malpractice law and is able to handle complex cases with birth injuries. The experience of the lawyer will ensure that the doctor or hospital is accountable for their actions and that an equitable settlement is reached.

Statute of Limitations

As a pregnant mother you depend on your doctors and nurses to ensure that the birth of your child is as secure as it can be. Unfortunately healthcare professionals can make mistakes. These errors can cause serious injuries to mother and child. When these injuries are due to medical negligence, a victim may pursue legal action.

A lawyer can look into the claim and determine who is responsible for the injuries your child sustained. They can determine the extent of the damages you can get, including reimbursement for medical expenses and long-term health care requirements.

It's important to seek legal assistance immediately. The statute of limitations is the most time-bound amount of time you have to begin legal proceedings. It begins with 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 injury. The statute of limitations for cases involving minors is different. Georgia's Official Annotated Code 9-3-73 provides that you have until the child reaches five years old to make a claim for medical malpractice against a physician for a birth injury.

In medical malpractice cases, a plaintiff has to show that the healthcare provider was under an obligation to provide the highest level medical care. The plaintiff also needs to prove that the healthcare provider breached this duty through an act of negligence or omission that resulted in the injury. The Atlanta birth injury lawyers at Miller Weisbrod Olesky will hire one or more medical experts to prove that the healthcare professional's actions or inaction violated the standards of medical care.

The amount of damages that is awarded in a medical negligence case is determined by the severity of the injuries and the extent to which it affects the life of the victim and their family. It is essential to seek the advice of a birth injury lawyer who is experienced. These lawyers can aid you in putting together a solid case to get the compensation you deserve. They will also collect all the documents and information that you require for your claim.