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birth injury atlanta
For most families the birth of a child is a joyful occasion. But sometimes babies are born with horrific injuries that require a lifetime of care and attention.
You could be able to bring a malpractice lawsuit when a doctor's conduct, or the lack thereof was not up to the standard of medical care, and the birth injury that resulted in the case 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 lead to serious injuries to babies and mothers. In many cases, these mistakes result from medical negligence. Atlanta birth injury attorneys can help families file claims for compensation against negligent healthcare providers.
The first step is to prove that the doctor owed the plaintiff an obligation of care. This obligation can be proven through records, medical expert testimony or any other evidence to show that the healthcare provider didn't adhere to the requirements of their field in the particular instance. This standard could be set out in the laws and regulations that govern the healthcare industry or professional organizations, like medical boards.
The next step is to demonstrate that the breach of duty of care resulted in an injury. This is done by proving that the healthcare professional failed to treat the injury or take other appropriate measures to prevent injury from happening.
This kind of negligence can be proven by the doctor who fails to recommend an urgent C-section even though the mother's contractions are growing stronger. Failure to act could cause the death of a patient who was not properly notified.
Other examples of this type of negligence might include the healthcare professional's failure to monitor a baby's heart rate during labor, or a doctor making an improper diagnosis of the mother's condition before the birth. In these instances doctors may fail to inform the 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 may be left with many expenses, such as ongoing medical bills and compensation to cover the long-term effects. ReShea Balams, an Atlanta birth injury attorney, works with clients in Georgia to hold negligent doctors accountable for their mistakes. She assists her clients in get compensation for their emotional and financial loss.
Birth Injuries
Not all births are without complications. In fact, three of every 100 births are associated with a serious birth injury. While not all injuries are preventable, many of the conditions that occur during labor and delivery result from medical negligence. Our Atlanta birth injury lawyers can assist you to identify the possibility that your child's birth injury was the result of medical malpractice during labor and delivery.
Birth injuries can be devastating for families, particularly when the condition is likely to affect the child's life. 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 the future treatment or suffering and suffering as well as lost wages and other damages.
The term "birth injury" is broad and can refer to both physical and emotional trauma. Physical birth injuries include everything from skull fractures to bruising. Brain injuries can result from a lack of oxygen (hypoxic ischemic encephalopathy) that can lead to cerebral palsy or developmental delays. They can also include spinal cord injuries which could lead to paralysis or amputation.
Emotional birth injuries include post-traumatic disorder, as well as other psychological traumas resulting from a medically negligent delivery. These types of injuries can be more difficult to quantify, but are just as serious as a physical birth injury.
By identifying the risk factors that could be a contributing factor to the mother to these problems Birth defects can be avoided. Doctors can prepare for possible complications and offer preventive treatments like amniocentesis. If there is an inherited defect or a preexisting condition, however doctors are not able to prevent the onset of symptoms even if they are aware of these before the child's birth.
Despite the many tests performed during a pregnancy, not all complications can be predicted or avoided. A baby could suffer injuries to the skull as a result of the wrong use of a device for delivery or excessive force used during delivery. This can lead to the complications of hypoxic-ischemic epilepsy and/or cerebral palsy and also the condition called Erb's palsy, which involves nerve damage in the upper arm. This can cause weakness or paralysis in that arm.
Damages
If 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 that are awarded in a lawsuit are intended to compensate the family for these losses. The amount of compensation received depends on a number of factors, including the nature and extent of the injury and how it has affected the child's life quality.
atlanta birth injury lawsuit can assist families calculate their losses which typically consist of non-economic and economic losses. Economic damages are the cost of medical treatment, future health needs, and other related expenses. A birth injury lawyer can help determine the future and past costs of a child’s injuries by working closely with experts, reviewing medical records, doctor's recommendations, and expert opinions.
In addition to calculating a lifetime of medical costs, a birth injury attorney will also collaborate with medical and financial experts to create a Life Care Plan that accounts for the impact that a child's injuries could affect their future. This could include the need for aid devices, ongoing therapy and educational interventions.
Many birth injuries cases result in settlements, not trials. A birth injury lawyer who has experience in the field of medical, local courts and Georgia juries can negotiate on behalf of a family. However, if there is no settlement the lawyer can file a medical malpractice lawsuit on behalf of the family and collect more evidence through discovery, which may include sworn testimony from witnesses.
It is crucial that parents of children injured keep detailed records and receipts to substantiate the claims made in their legal cases. In the event that the records are not maintained, they can be used to reduce a case or the compensation paid by an insurance firm or court. It is important to consult an attorney with expertise in medical malpractice cases, and who can handle complex cases involving birth injury. The experience of the lawyer will ensure that the doctor and hospital are held 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 it can be. But, unfortunately healthcare professionals are human, and mistakes can happen. These mistakes can result in serious injuries to the mother and child. If these injuries are the result of medical negligence, the victims can file a lawsuit.
A lawyer can look into the claim and determine who was at fault for your child's injury. They can also determine the amount of damages you could receive, which includes compensation for medical expenses and long-term requirements.
It is recommended to seek legal advice as soon as possible. The statute of limitations is the maximum amount of time that you can begin legal procedures. The clock starts at the date of the incident. If you fail to meet this deadline, your case could be dismissed.
For adults, Georgia's statute of limitations is two years from the date of the injury. For cases that involve children, the statute of limitations is different. Georgia's Official Annotated Code 9-3-73 states that you can bring a medical negligence lawsuit against a doctor for a birth defect up until the child reaches age five.
In medical malpractice cases a plaintiff has to show that the healthcare provider owed the obligation to provide the highest level treatment. The plaintiff must also show that the healthcare provider breached this duty by committing a negligent act, omission or other action which caused the injury. Miller Weisbrod Olesky, the Atlanta birth injury attorneys will employ one or two expert medical witnesses to prove that the healthcare professional's actions or actions contravened the law.
The amount of damages that are awarded in a medical negligence case depends on the severity and extent of the injuries and how they will affect the victim's life and the lives of their families. This is why it's crucial to seek the assistance of an experienced birth injury attorney. These attorneys can help you build a strong case and receive the compensation you deserve. They will also collect all the evidence and documents that you require for your claim.