Birth Injury Lawyers
For the majority of families the birth of a child is a joyful occasion. Sometimes, however, babies are born with serious injuries that require lifelong special attention.
If the actions of a doctor or inactions were below the medical standard of care, and the resulting birth injury led to damages, you may be entitled to an action for malpractice.
Medical Malpractice
The majority of babies are happy and healthy however, sometimes doctors, nurses and other healthcare professionals make a mistake. These errors can cause a variety of serious injuries for mothers and infants. These errors are often the result of medical negligence. Atlanta birth injury attorneys can assist families to file claims for compensation against negligent healthcare providers.
The first step is to prove that the doctor was obligated to the plaintiff a duty of care. This obligation can be proven by medical expert testimony, or any other evidence to show that the healthcare provider did not adhere to the standards of their profession in the particular instance. This standard could be laid out by the laws and regulations that regulate the healthcare industry or by professional institutions, such as medical boards.
Once this is accomplished then the next step is to prove that the violation of this duty of care resulted in an injury. This can be done if the healthcare provider does not treat the injury or take other steps to prevent injuries.
This kind of negligence can be proven by a doctor who fails to request an urgent C-section even though the mother's contractions are becoming stronger. This failure to act could lead to a negligent death.
Another instance of negligence is when a healthcare professional fails to observe the baby's heartbeat while in labor or an expert who diagnoses the mother's health incorrectly before the birth. In these instances doctors may not to inform parents about their options for treatment and the risks associated with them.
If a child is injured in an injury to their birth and their family is faced with a variety of costs which include ongoing medical bills as well as compensation for the long-term effects of the injuries. ReShea Balams is an Atlanta birth injury attorney, assists clients in Georgia to hold negligent doctors accountable for their mistakes. She assists her clients in recovering compensation so they can cover their financial and emotional losses.
Birth Injury
While many births are joyous events, not all are free of complications. In fact, three out of every 100 births result in serious birth injury. A lot of the injuries that are caused during labor and birth can be avoided, however many are caused by medical negligence. Our Atlanta birth injury lawyers can assist you in determining if the birth injury that your child suffered was caused by medical malpractice during labor or delivery.
Birth injuries can be devastating to families, especially if the condition will affect their child for the rest of his or her life. Fortunately, if your child's illness was the result of medical negligence or a medical error, you may be entitled to compensation for the future treatment, suffering and pain as well as lost wages and other damages.
The term "birth injury" is broadly defined and can include both physical and emotional trauma. Physical birth injuries could include everything from lacerations and bruises to skull fractures. They can also involve brain injuries, like an absence of oxygen (hypoxic-ischemic encephalopathy) that causes cerebral palsy and developmental delays. They can also include damage to the spinal cord that can cause paralysis or amputation.
Emotional birth injuries include post-traumatic disorder and other psychological trauma resulting from a negligent medical delivery. These kinds of injuries can be harder to quantify, but they are just as grave as a physical birth injury.
Many birth defects can be prevented by identifying the mother's risk factors for these issues before the birth. Doctors can be prepared for potential complications and provide preventive treatments, such as amniocentesis. Physicians cannot stop symptoms in cases of genetic disorders or preexisting conditions, even if a doctor has identified them prior to the birth of the baby.
Despite the many tests conducted during pregnancy, not all issues are easily detected or avoided. For example, a baby may suffer skull fractures as a result of improper use of a delivery tool or excessive force during the delivery process. This can lead to cerebral palsy or hypoxic-ischemic brain injury, as well as Erb's palsy which is a condition where nerves in the upper arms are damaged, leading to weakness or paralysis.
Damages
When a child suffers an injury at birth that is caused by a birth injury, it affects not just the family physically and financially but also emotionally. The amount of damages given to a family in a lawsuit are meant to compensate them for their losses. The amount of compensation awarded will depend on a variety of aspects, including the nature and severity of the injury and how it has impacted the child's quality of life.
A reputable Atlanta birth injury lawyer can help families calculate their losses, which are typically comprised of economic and non-economic losses. Economic damages include the costs of medical treatment, future health needs, and other expenses. A birth injury lawyer can assist in determining the past and future costs incurred by a child's injuries by working closely with experts, examining medical records, doctor's suggestions, and expert opinions.
An attorney for birth injuries will work with financial and medical experts to develop a Life Care Plan, which will take into consideration the consequences of a child's injury on their future. This could include the requirement for aidive devices, ongoing therapy, education interventions, and other related expenses.
Many birth injuries cases result in settlements, not trials. A birth injury lawyer who is experienced in the area of medical malpractice, local courts, and Georgia juries can negotiate on behalf of the family. However, if there is no settlement, the attorney will start a lawsuit for medical malpractice on the family's behalf and collect more evidence through discovery, which may include witness testimony sworn by witnesses.
It is crucial that parents of children injured keep accurate documents and receipts to prove the claims made in their legal argument. If the records are not maintained, they can be used to decrease the value of a case or to reduce the amount paid by an insurance firm or a court. Therefore, it is crucial to speak with an attorney with an extensive background in medical malpractice law and can handle complicated cases with birth injuries. 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, it is your responsibility to depend on doctors and nurses to make sure the birth of your child is as secure as it can be. Unfortunately healthcare professionals make mistakes. These mistakes can result in serious injuries for the mother and child. If the injuries are the result of medical negligence, the victims may file a lawsuit.
https://vimeo.com/706781628 can investigate the claim and determine who is responsible for the injuries your child sustained. They will determine the amount of damages you can get, including reimbursement for medical expenses and long-term requirements.
You should seek legal advice as soon as possible. The statute of limitation is the maximum time period you have to start a lawsuit. It begins at the time of the incident. If you do not meet the deadline, your case may be dismissed.
For adults the statute of limitations in Georgia 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 says that you can file a medical negligence lawsuit against a doctor to remedy a birth defect until the child is five years old.
In medical negligence cases, a patient must show that their healthcare provider was bound by the obligation to provide them with the best quality of care. The plaintiff must also show that the healthcare provider breached this obligation by committing an omission or negligent act that led to the injury. Miller Weisbrod Olesky, the Atlanta birth injury attorneys, will hire one or two expert medical witnesses to prove that the healthcare professional's negligence or actions breached the standard.
The amount of damages awarded in a medical negligence case is contingent on the severity and extent of the injuries, and how they impact the victim's life and that of their family. This is why it's essential to seek out an experienced birth injury lawyer. They can assist you to build a strong case and receive the compensation you are due. They will also gather all the required documents and information for your claim.