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Birth Injury Lawyers

Many families consider birth to be a joyful moment. Sometimes babies are born with severe injuries that require a lifetime of special attention.

If the actions of a doctor, or inactions were 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 babies are healthy and happy but occasionally doctors, nurses, and other healthcare professionals make mistakes. These mistakes can cause serious injuries to mothers and babies. These errors are often the result of medical negligence. Atlanta birth injury lawyers can assist families file an action to recover compensation from negligent healthcare providers.

The first step is establishing that the doctor owed a duty to the plaintiff. This obligation can be proved through records, medical expert testimony, or any other evidence that proves the healthcare provider did not adhere to the standard of their profession in the particular situation. This standard could be derived from the laws and regulations governing the healthcare industry, or it could be set by professional institutions like a medical board or independent regulatory agency.

After this is completed then the next step is to demonstrate that the violation of this duty of care resulted in an injury. This is possible when the healthcare provider does not treat the injury or take other steps to prevent an injury.

One example of this type of negligence is the doctor's failure to request an emergency C-section while the mother's contractions were becoming progressively stronger. This failure to act can cause an unintentional death.

Other examples of negligence could be the healthcare professional's failure to monitor a baby's heart rate during labor or a doctor delivering an improper diagnosis of the mother's health prior to the birth. In these cases the doctor might not to inform parents of their options for treatment and the risks involved.

If a child suffers an injury during birth the family could be left with a lot of costs which include ongoing medical bills as well as compensation for the long-term effects of the injuries. Atlanta birth injury lawyer ReShea Balams assists clients throughout Georgia to make medical professionals who are negligent accountable for their errors. She assists clients in obtaining compensation to compensate for their emotional and financial loss.

Birth Injury

While many births are joyful occasions, not all births are free of complications. Three out of every 100 births are associated with an injury to the birth. A lot of the injuries that are caused during labor and birth can be avoided, however many are the result of medical negligence. Our Atlanta birth injury lawyers can help determine whether your child's birth injury was the result of medical malpractice during labor or delivery.

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

The term "birth injury" is broad in its definition and can include both emotional and physical trauma. Physical birth injuries can include everything from lacerations and bruises to skull fractures. Brain injuries can also result from a deficiency of oxygen (hypoxic ischemic cerephalopathy), causing cerebral palsy or developmental delays. Spinal cord damage can also result in amputation or paralysis.





Emotional birth injuries can include post-traumatic disorder and other psychological traumas resulting from a medically negligent delivery. These types of injuries can be harder to quantify, but are just as grave as a physical birth injury.

By identifying the risk factors that could be a contributing factor to the mother who is at risk for these issues Birth defects can easily be prevented. Doctors can then plan for potential complications and carry out preventive procedures, like an amniocentesis. In cases of an inherited defect or a preexisting disease, however doctors cannot stop the onset of symptoms, even if they are aware of them prior to the birth of the child.

Despite the many tests performed during a pregnancy, not all complications can be predicted or prevented. For instance, a newborn may suffer skull fractures as a result of the improper use of a delivery tool or excessive force during the delivery process. This can result in cerebral palsy and/or hypoxic-ischemic brain injury, and also Erb's Palsy which is a condition where nerves in the upper arms are damaged, causing weakness or paralysis.

Damages

When a child suffers an injury during birth that is caused by a birth injury, it affects not just the family financially and physically but also emotionally. atlanta birth injury lawsuit awarded to a family in a lawsuit are meant to compensate them for their losses. The amount of money awarded is contingent on many factors, including the severity and nature of the injury and the impact it has had on the child's life.

A reputable Atlanta birth injury lawyer can help families calculate their damages which typically consist of economic and non-economic losses. Economic damages refer to the cost of medical treatment, future healthcare needs, and other expenses. An attorney who specializes in birth injuries can assist in determining the present and future costs of a child's injuries by working with experts and reviewing medical records, doctor's recommendations and expert opinions.

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

Settlements are typically reached in a variety of birth injury cases, and not the trial. An experienced birth injury attorney is well-versed in the medical procedures involved, local courts and Georgia juries, and can negotiate effectively on a family's behalf. However, if the settlement is not reached, the attorney will bring a medical malpractice suit on the family's behalf and collect more evidence through discovery, which can include witness testimony sworn by witnesses.

It is crucial that parents of children injured keep accurate records and receipts that support the claims they make in their legal case. If the documents are not kept and used, they could be used to reduce the amount of compensation given by an insurance company or a court. It is crucial to talk with an attorney with experience in medical malpractice cases and who is able to handle complex cases involving birth injury. The experience of the lawyer will ensure that the doctor and hospital are accountable for their actions and that a fair resolution is reached.

Statute of Limitations

As a mother-to-be, you rely on nurses and doctors to ensure your child's birth is as secure as it can be. However, healthcare professionals are only human and mistakes happen. These mistakes can result in serious injuries to the mother and child. If the injuries are a result of medical negligence, the victims may sue.

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

It's important to seek legal help right away. The statute of limitations is the longest amount of time that you can begin legal actions. The clock begins at the date of the incident. If you do not meet this deadline, your case may be dismissed.

For adults, Georgia's statute of limitations is two years from the date of the injury. For cases with children the statute of limitations is different. Georgia's Official Annotated Code 9-3-73 provides that you may bring a medical negligence lawsuit against a doctor to remedy a birth defect up until the child is five years old.

In medical malpractice cases, a plaintiff must show that their healthcare provider owed them a duty to provide them with the highest quality of medical treatment. The plaintiff must also show that the healthcare professional violated this duty through an act of 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 demonstrate that the healthcare professional's actions or inaction violated the standard of medical care.

The type of damage granted in a medical malpractice case is contingent upon the severity of the injuries and the extent to which they will affect the life of the victim and their family. It is important to seek the assistance of a birth injury lawyer who is experienced. These attorneys can assist you in building a strong case to secure the compensation that you deserve. They will also collect all the necessary documents and information for your claim.