Birth Injury Lawyers

For the majority of families birth is a joyous event. Sometimes, however, babies are born with severe injuries that require lifelong special attention.

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

Medical Malpractice

The majority of babies are healthy and happy however, sometimes doctors, nurses and other healthcare professionals make a mistake. These mistakes can result in various serious injuries for mothers and infants. In many instances, these errors result from medical negligence. Atlanta birth injury lawyers can help families make claims to recover compensation from negligent healthcare providers.

The first step is establishing that the doctor was bound by a duty to the plaintiff. This obligation can be proven by medical expert testimony, or any other evidence that shows the healthcare provider did not adhere to the standards of their profession in the specific instance. This standard may come from the laws and regulations that govern the healthcare industry, or it could be established by professional organizations such as a medical board or independent regulatory agency.

Once this is done, the next step is to demonstrate that the breach of this obligation of care led to an injury. This can be done in the event that the healthcare professional does not treat the injury or take other measures to prevent an injury.

A prime example of negligence would be the physician's inability to order an emergency C-section at the time that the mother's contractions were becoming increasingly stronger. The inability to act could cause the death of a patient who was not properly notified.

Other instances of negligence could include a healthcare professional failing to check the heart rate of a baby during labor or a doctor delivering an improper diagnosis of the mother's condition prior to the birth. In these cases the doctor might not inform parents of their choices for treatment options and the risks associated with those treatments.

When a child suffers a birth injury the family could be left with a significant amount of costs that include ongoing medical bills and compensation for the long-term consequences of the injuries. ReShea Balams is an Atlanta birth injury lawyer, works with clients in Georgia to hold negligent doctors accountable for their errors. She assists her clients in get compensation for their financial and emotional loss.

Birth Injury

Although many births are happy occasions, not all are free of complications. Three out of 100 births are followed by an injury to the birth. Although some injuries are avoidable most of the ailments that occur during labor and delivery result from medical negligence. Our Atlanta birth injury lawyers can assist you to identify if your child's birth injury was due to medical malpractice during labor or delivery.

Birth injuries can be a devastating experience to families, especially if the condition will affect their child for the rest of his or her life. If your child's condition is a result of medical negligence, then you may be entitled compensation for future treatment and suffering, pain, lost wages, and other damages.

The term "birth injury" is broadly defined and can refer to both emotional and physical trauma. Physical birth injuries include everything from skull fractures to bruising. They can also involve brain injuries, such as the lack of oxygen (hypoxic-ischemic encephalopathy) which can cause cerebral palsy and delays in development. Damage to the spinal cord can cause amputation or paralysis.

Emotional birth injuries include post-traumatic disorder as well as other psychological traumas resulting from a medically negligent delivery. These kinds of injuries can be harder to quantify, but they are just as important as physical birth injuries.

By identifying the risk factors that could be a contributing factor to the mother for these problems, many birth defects can easily be prevented. Doctors can prepare for possible complications and provide preventive treatments like amniocentesis. If there is a genetic defect or preexisting condition, however, a physician cannot prevent the onset of symptoms, even if they are aware of them prior to the birth of the child.

Despite the numerous tests performed during pregnancy, not every complication can be anticipated or avoided. For instance, a baby may suffer a skull fracture due to the improper use of a delivery tool or excessive force during the delivery process. This can lead to cerebral palsy, or hypoxic-ischemic brain damage, and also Erb's Palsy which is a condition that occurs when nerves in the upper arms are damaged, leading to weakness or paralysis.

Damages

If a child is born with a birth defect, it could have a negative impact on the family, not just physically but also emotionally. The amount of damages that are awarded to a family during a lawsuit are meant to compensate them for their losses. The amount of money awarded will depend on a variety of factors, including the nature and extent of the injury and how it affected the child's life quality.

A reputable Atlanta birth injury attorney can assist families in calculating damages, which typically include economic and non-economic loss. Economic damages are a result of medical treatment costs as well as future requirements for care and other costs. An attorney who specializes in birth injuries can assist in determining the past and future cost of a child's injuries by working with experts and looking over medical records, doctor's advice and expert opinions.

A birth injury atlanta injury attorney will work with financial and medical experts to create a Life Care Plan, which will take into consideration the consequences of a child's injury on their future. This could include the need for aidive devices, ongoing therapy education, as well as other related expenses.

Many birth injuries cases result in settlements rather than trials. A skilled birth injury attorney is well-versed in the medical procedures involved, the local courts and Georgia juries and is able to negotiate effectively on a family's behalf. If a settlement cannot be reached, the lawyer will bring a lawsuit against medical negligence 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 detailed records, which include receipts, in order to support their legal claims. If the records are not maintained they could be used to reduce a case or the compensation awarded by an insurance company or court. It is essential to speak with an attorney with experience in medical malpractice cases, and who can handle complex cases involving birth injury. The lawyer's experience will ensure that the hospital and the doctor are accountable for their actions, and that a fair settlement is reached.

Statute of limitations

As a mother of a child, you rely on doctors and nurses to ensure your child's birth is as safe as possible. Unfortunately, healthcare professionals make mistakes. These mistakes can result in serious injuries to both mother and child. When these injuries result from medical negligence, a victim can pursue legal action.

A lawyer can investigate the claim and determine who is responsible for the injury your child sustained. They will then determine the amount of the damages you can recover including compensation for medical expenses and long-term care requirements.

It is recommended to seek legal advice as soon as you are able to. The statute of limitation is the time limit for when you can start a lawsuit. The clock starts from the date of the incident. If you fail to meet the deadline, your case may be dismissed.

For adults the statute of limitations in Georgia 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 says that you can make a claim for medical negligence against a doctor who caused birth defects until the child is five years old.

In medical malpractice cases a plaintiff must demonstrate that the healthcare provider had an obligation to provide the highest level treatment. The plaintiff also needs to prove that the healthcare professional violated 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 show that the healthcare professional's actions or inaction violated the standards of medical care.

The amount of damages 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. It is crucial to seek the assistance of a birth injury lawyer who is experienced. These lawyers can aid you in putting together a solid claim to receive the compensation that you deserve. They will also gather all the necessary documents and evidence for your claim.