Birth Injury Lawyers

For the majority of families the birth of a child is a joyful moment. However, sometimes babies are born with severe injuries that require a lifetime of special care and treatment.

You could be able to make a claim for malpractice in the event that a doctor's actions or the lack thereof were not in line with the standards of medical care, 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 are prone to make mistakes. These errors can lead to numerous serious injuries for mothers and infants. These mistakes are often the result of medical malpractice. Atlanta birth injury lawyers can help families file a claim to recover compensation from negligent medical professionals.

The first step is to establish that the doctor was bound by a duty to the plaintiff. This obligation can be established by the records of medical experts, or other evidence that proves that the healthcare provider did not follow the standard of care required for their job in a specific case. This standard could be laid out in the laws and regulations that govern the healthcare industry or professional organizations, like a medical board.

Once this is done then the next step is to demonstrate that the violation of this obligation of care led to an injury. This is done by proving that the healthcare provider was unable to treat the injury in question or take other measures to prevent an injury from happening.

A prime example of negligence would be a doctor failing to order an emergency C-section when the mother's contractions became increasingly stronger. In the event of a delay, it could result in a wrongful death.

Other examples of this type of negligence could include a healthcare professional failing to properly monitor a baby's heart rate during labor or a doctor delivering an incorrect diagnosis of the mother's condition before the birth. In these instances the doctor might fail to inform the parents of their options for treatment and the risks associated with these treatments.

If a child is born with a birth defect the family may be left with many expenses like continuing medical bills and compensation to cover the long-term effects. Atlanta birth injury lawyer ReShea Balams works with clients across Georgia to hold negligent medical professionals accountable for their errors. She assists her clients in get compensation for Atlanta birth injury lawyer their financial and emotional loss.

Birth Injury

Not all births are without complications. Three out of 100 births are accompanied by a serious birth injury. A lot of the injuries that occur during labor and delivery can be avoided, however many are caused by medical negligence. Our Atlanta birth injury lawyers can help identify whether your child's birth injury was due to medical negligence during labor and delivery.

Birth injuries can be extremely devastating for families, particularly when the condition affects the child's life. Fortunately, if your child's condition was caused by medical negligence and you are a victim, you could be entitled to compensation for the future treatment as well as suffering and pain, lost wages and other damages.

The term "birth injury" is broad and can refer to both emotional and physical trauma. Physical birth injuries could include anything from lacerations and bruising to skull fractures. They can also include brain injuries, such as a lack of oxygen (hypoxic-ischemic encephalopathy) which can cause cerebral palsy as well as developmental delays. They can also cause spinal cord damage which could lead to paralysis or amputation.

Similarly, emotional birth injuries may include post-traumatic stress disorder and other psychological traumas resulting from a medically negligent birth. These types of birth injuries are more difficult to quantify, but they can be equally severe.

Many birth defects can be avoided by identifying the mother's potential risk factors for these conditions before the pregnancy. Doctors can prepare for any potential problems and provide preventive procedures, like an amniocentesis. A physician cannot prevent symptoms in cases of genetic defects or preexisting conditions, even if a doctor has identified them prior to the birth of the baby.

Despite the many tests conducted during a pregnancy, not all complications can be anticipated or avoided. A baby may suffer injuries to the skull as a result of the wrong use of a device for delivery or excessive force used during the delivery. This can lead to cerebral palsy or hypoxic-ischemic brain injury, and also Erb's Palsy which is a condition in which 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 effect on the family not only physically but as well emotionally. The damages awarded in a lawsuit are meant to reimburse the family for the loss. The amount of compensation awarded depends on many factors, including the nature and severity of the injury and the impact it has had on the child's life.

A good Atlanta birth injury lawyer can assist families calculate their losses which typically consist of both economic and non-economic losses. Economic damages can include medical expenses as well as future requirements for care and other costs. An attorney for birth injuries can assist in determining the present and future costs of a child's injuries by working with experts and looking over medical records, doctor's recommendations, and expert opinions.

An attorney for birth injuries will collaborate with financial and medical experts to develop a Life Care Plan, which will consider the consequences of a child's injury on their future. This may include the need for aid devices, ongoing therapy and education interventions.

Many birth injury cases result in settlements rather than trials. A birth injury lawyer who has experience in the field of medical, local courts and Georgia juries can negotiate on behalf of families. If a settlement cannot be reached, the attorney will file a lawsuit for medical negligence on behalf of the family and collect additional evidence via discovery. This includes sworn testimony from witnesses.

It is crucial that parents of children who have been injured keep accurate records and receipts to substantiate the claims made in their legal case. Failure to maintain these records could impede a case and reduce the compensation that a judge or insurance company. It is important to consult an attorney who has experience in medical malpractice cases, and who can deal with complicated cases involving birth injury atlanta injuries. The experience of the lawyer will ensure that the hospital or doctor is accountable for their actions and ensure that a fair settlement is agreed upon.

Statute of Limitations

As a mom-to-be, you trust your doctors and nurses to ensure that your baby's birth is as secure as it is. Unfortunately, healthcare professionals make mistakes. These mistakes can result in serious injuries to the mother and child. If these injuries are caused by medical negligence, a victim can pursue legal action.

A lawyer can look into the claim and determine who was responsible for the injuries your child sustained. They can then determine the amount of the damages you are able to recover including reimbursement for medical expenses and long-term health care needs.

It is recommended to seek legal advice as soon as you are able to. The statute of limitations is the maximum amount of time that you can begin legal proceedings. It starts with the date of the incident. If you fail to meet the deadline, your case may be dismissed.

For adults, Georgia's statute of limitations is two years from the date of injury. For cases with children, the statute of limitations is different. Georgia's Official Annotated Code 9-3-73 says that you have until the child turns five to bring a medical malpractice lawsuit against a doctor in the event of a birth injury.

In medical malpractice cases, a plaintiff must show that their healthcare provider had the obligation to provide them with the best quality of medical care. The plaintiff must also prove that the healthcare provider violated this duty by engaging in an omission or atlanta birth injury lawyer negligent act that led to the injury. The Atlanta birth injury lawyers at Miller Weisbrod Olesky will hire one or more medical experts to prove that the healthcare professional's actions or inaction violated the standards of care.

The amount of damages that are granted in a medical negligence case is contingent on the severity and extent of the injuries, and how they impact the life of the victim as well as the lives of their families. It is crucial to seek the advice of an attorney who has experience. They can assist you in constructing a strong case to get the compensation you deserve. They will also collect all the required documents and details to prove your claim.