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Birth Injury Lawyers

Many families consider childbirth to be a joyful moment. But sometimes babies are born with severe injuries that require a lifetime of special care and treatment.

If a doctor's actions or inactions were below the medical standard of care and the birth injury that resulted caused damages, you may be able to file an action for malpractice.

Medical Malpractice

The majority of babies are healthy and happy however, sometimes nurses, doctors, and other healthcare professionals make a mistake. These errors can lead to numerous serious injuries for mothers and their babies. In many cases, these mistakes are due to medical malpractice. Atlanta birth injury attorneys can help families file claims for compensation against negligent healthcare providers.

The first step is to establish that the doctor was obligated to the plaintiff a duty of care. This obligation can be established through records, medical expert testimony, or any other evidence to show that the healthcare provider did not adhere to the standard of their field in the particular situation. This standard could be derived from the laws and regulations that govern the healthcare industry or established by professional institutions such as medical boards or an independent regulatory agency.

Once this is accomplished then the next step is to show that the violation of this duty of care resulted in an injury. This can be done by proving that the healthcare provider was unable to treat the injury or take other appropriate measures to stop an injury from happening.





One example of negligence could be a doctor failing to order an emergency C-section at the time that the mother's contractions were becoming more and more intense. This failure to act can lead to the death of a patient who was not properly notified.

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

When a child is born with a birth defect, the family could be faced with many expenses including continuing medical bills and compensation to pay for the long-term consequences. ReShea Balams, an Atlanta birth injury attorney assists clients in Georgia to hold negligent doctors accountable for their mistakes. She assists clients in obtaining compensation to compensate for their emotional and financial loss.

Birth Injury

While many births are joyful occasions, not all are without complications. Three out of 100 births are accompanied by a serious birth injury. While not all injuries are preventable most of the ailments that occur during labor and birth are due to medical negligence. Our Atlanta birth injury lawyers 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, especially when the condition is likely to affect the child's life. Fortunately, if your child's illness was the result of negligence on the part of a medical professional and you are a victim, you could be entitled to compensation for future treatment as well as suffering and suffering loss of wages, and other damages.

The term "birth injuries" is used in broad terms and could be used to describe both psychological and physical trauma. Physical birth injuries include everything from skull fractures to bruises. They may also involve brain injuries, such as a 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.

Similarly, emotional birth injuries can also include post-traumatic stress disorders and other psychological traumas that result from a medically negligent birth. These kinds of birth injuries are harder to quantify but can be equally severe.

By identifying the risk factors for the mother for these problems, many birth defects can easily be prevented. Doctors can be prepared for potential 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 numerous tests performed during pregnancy, not every complication is easily predicted or prevented. A baby may suffer an injury to the skull due to the improper use of a device for delivery or the excessive force used during the delivery. 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

When a child is born with a birth defect it can have a negative impact on the family not only physically but as well emotionally. The damages granted in a lawsuit are intended to pay the family back for the loss. The amount of money awarded is contingent on many factors, including the type and severity the injury as well as the impact it has had on the child's life.

A good Atlanta birth injury attorney can help families calculate damages, which typically include economic and non-economic losses. Economic damages include medical expenses and future medical requirements and other expenses. A birth injury attorney can help determine the past and future cost of a child's injuries by working with experts and reviewing medical records, doctor's advice and expert opinions.

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

Settlements are often reached in a variety of birth injury cases, but not the trial. A birth injury lawyer who is experienced in the area of medical malpractice, local courts, and Georgia juries can negotiate on behalf of a family. However, if there is no settlement, the attorney will start a lawsuit for medical malpractice on behalf of the family and collect more evidence through discovery, which includes sworn testimony from witnesses.

Parents of children who are injured must keep meticulous records, including receipts, to support their legal claims. In the event of not keeping these records, it can diminish a case and diminish the amount awarded by a court or insurance company. It is crucial to talk with an attorney with experience in medical malpractice cases and who is able to deal with complicated cases involving birth injury. The experience of the lawyer will ensure that the hospital or doctor is held accountable for their actions, and a fair settlement is reached.

Statute of Limitations

As a mother-to-be, you rely on doctors and nurses to ensure that your baby's birth is as safe as it can be. However, unfortunately, healthcare professionals are only human, and mistakes can happen. These errors can result in serious injuries to mother and child. If the injuries are due to medical negligence, the victim can take legal action.

A lawyer can look into your claim and determine who is at fault for the child's injuries. They will then determine the amount of the damages you can receive, including reimbursement for medical expenses and long-term health care needs.

It's important to seek legal help immediately. The statute of limitations is the longest amount of time that you can start legal actions. The clock starts at the date of the incident. If you do not meet the deadline, your case could be dismissed.

Georgia's statute of limitations is two years for adults starting from the date of the injury. The statute of limitations for minors' cases 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 a birth defect until the child reaches age 5.

In medical malpractice cases a plaintiff must prove 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, omission or other action that caused the injury. Miller Weisbrod Olesky, the Atlanta birth injury lawyers will employ two or three expert medical witnesses to prove that the healthcare professional's inaction or actions violated the standard.

The amount of damages awarded in a medical malpractice case is determined by the severity of the injuries and the extent to which it can affect the lives of the victim and their family. This is the reason it's important to seek out an experienced attorney for birth injuries. They can assist you in building a strong case to get the compensation you are entitled to. They will also gather all the necessary documents and details for your claim.

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