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Birth Injury Lawyers

Most families find childbirth to be a joyful event. But sometimes, babies are born with severe injuries that require a lifetime of care and attention.

You may be able to file a malpractice suit if a doctor's actions, or lack thereof, fell below the standard of medical treatment and the birth injury that resulted caused damages.

Medical Malpractice

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

The first step is establishing that the doctor owed a duty to the plaintiff. This obligation can be established using records, testimony from medical experts, or other evidence that shows the healthcare provider did not adhere to the standards of care for their profession in a particular instance. This standard may be laid by the laws and regulations that regulate the healthcare industry, or by professional institutions, such as a medical board.

The next step is to prove that the breach of duty of care caused an injury. This is done when the healthcare provider does not treat the injury or take other appropriate measures to avoid an injury.

One example of this type of negligence is the physician's inability to order an emergency C-section when the mother's contractions were becoming increasingly stronger. The inability to act could result in wrongful death.

Other examples of this type of negligence could be the healthcare professional's failure to properly monitor the baby's heart rate during labor or a doctor delivering an incorrect diagnosis of the mother's condition prior to the birth. In these instances the doctor might not inform the parents about their treatment options and the risks associated with them.

When birth injury atlanta is born with a birth defect, the family may be left with many expenses like continuing medical bills and compensation to offset the long-term effects. ReShea Balams, an Atlanta birth injury lawyer, assists clients in Georgia to hold negligent doctors accountable for their mistakes. She helps her clients recover compensation so they can compensate for their emotional and financial losses.

Birth Injury

While many births are joyful events, not all are without complication. In fact, three out of every 100 births result in a serious birth injury. Many of the injuries that occur during labor and delivery are preventable, but many are caused by medical negligence. Our Atlanta birth injury attorneys can help you determine if the birth injury your child sustained was the result of medical malpractice during labor or delivery.

Birth injuries can be devastating for families, particularly when the condition is likely to affect the child's life. If your child's condition is the result of medical negligence, then you could be entitled to compensation for future treatment as well as suffering, pain, lost wages, and other damages.

The term "birth injury" is broad in its definition and may include emotional and physical trauma. Physical birth injuries can range from skull fractures to bruises. Brain injuries can also result from a deficiency of oxygen (hypoxic ischemic encephalopathy) that can lead to cerebral palsy or developmental delays. They can also include damage to the spinal cord, which can lead to paralysis or amputation.

Similarly, emotional birth injuries can include post-traumatic stress disorder and other psychological trauma stemming from a negligent medical birth. These kinds of birth injuries are difficult to quantify but can be equally serious.

By identifying the risk factors for the mother for these problems Birth defects can easily be prevented. Doctors can plan for possible complications and offer preventive treatments, such as amniocentesis. In cases of a genetic defect or preexisting condition, however, a physician cannot prevent the onset of symptoms, even if they recognize them prior to the birth of the child.

Despite the many tests conducted during pregnancy, not all issues can be predicted or avoided. For instance, a baby might suffer skull fractures as a result of an improper use of a birth tool or excessive force during the delivery process. This can lead to the development of hypoxic-ischemic brain encephalopathy and/or cerebral palsy and also the condition known as Erb's Palsy that is caused by nerve damage in the upper arm. This may cause weakness or paralysis in that leg.

Damages

When a child is born with a birth defect it could have a negative impact on the family, not only physically, but as well emotionally. The damages awarded in a lawsuit are designed to pay the family back for these losses. The amount of compensation awarded depends on a variety of factors, including the type and severity the injury, as well as the effect it has had on the child's life.

A reputable Atlanta birth injury lawyer can help families calculate damages, which typically include economic and non-economic loss. Economic damages are the cost of medical treatment, future health needs, and other expenses. An attorney for birth injuries can help determine the past and future cost of a child's injuries by consulting with experts and examining medical records, doctor's advice and expert opinions.

In addition to calculating a lifetime of medical expenses, a birth injury attorney will also work with medical and financial specialists to put together a Life Care Plan that accounts for the impact a child's injuries will impact their future. This could include the need for assistive devices, ongoing therapy or education interventions.

Many birth injuries cases result in settlements rather than trials. An experienced birth injury lawyer is familiar with the drugs involved, local courts and Georgia juries and is able to negotiate effectively on behalf of the family. However, if there is no settlement the lawyer can start a lawsuit for medical malpractice on behalf of the family and collect more evidence through discovery, which may include the sworn testimony of witnesses.

It is essential that parents of injured children keep accurate records and receipts that support the claims made in their legal cases. In the event that these documents are not kept and used, they could be used to lower the amount of compensation given by an insurance company or court. For this reason, it is vital to consult with an attorney with a strong background in medical malpractice law and can handle complex cases with birth injuries. The lawyer's expertise will ensure that the hospital or doctor is held accountable for their actions, and a fair settlement is agreed upon.

Statute of limitations

As a mother of a child you depend on your doctors and nurses to ensure that the birth of your child is as secure as it can be. But, unfortunately, healthcare professionals are only human, and mistakes can happen. These errors can cause serious injuries to both mother and child. If the injuries are a result of medical negligence, victims can file a lawsuit.

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

It's important to seek legal help right away. The statute of limitations is the maximum amount of time you are allowed to begin legal procedures. The clock starts at the date of the incident. If you fail to meet the deadline, your case could be dismissed.

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

In medical malpractice cases, a plaintiff must demonstrate that the healthcare provider was under an obligation to provide the best care. The plaintiff also needs to prove that the healthcare provider violated this duty through negligence or omission which caused the injury. The Atlanta birth injury lawyers at Miller Weisbrod Olesky will hire one or more expert medical witnesses to prove that the healthcare professional's actions or inaction violated the standard of care.





The amount of damages that are granted in a case of medical negligence is determined by the severity and the extent of the injuries and how they impact the life of the victim and the lives of their families. This is the reason it's important to seek out the help of an experienced attorney for birth injuries. These attorneys can help you create a strong case to receive the compensation you deserve. They will also gather all the required documents and evidence to support your claim.