7 Things About Atlanta Birth Injury Lawyers You'll Kick Yourself For Not Knowing

12 May 2024

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Birth Injury Lawyers

The majority of families consider birth to be a joyful moment. Sometimes, however, babies are born with serious injuries that require lifelong special attention.

You could be able to file a malpractice suit in the event that a doctor's actions or 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 healthy and happy, but nurses, doctors and other healthcare professionals can make mistakes. These errors can cause various serious injuries to mothers and babies. 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 establish that the doctor owed the plaintiff a duty of care. This obligation can be established using records, testimony from medical experts, or any other evidence that shows the healthcare provider did not follow the standard of care they are required to follow in a specific case. This standard could be set out in the laws and regulations that govern the healthcare industry or by professional institutions, like medical boards.

The next step is to demonstrate that the breach of duty of care led to an injury. This is possible in the event that the healthcare professional does not treat the injury or other appropriate measures to avoid injury.

This kind of negligence could be demonstrated by the doctor who fails to request an urgent C-section despite the mother's contractions are getting stronger. The failure to act could result in a wrongful death.

Another example of negligence is a healthcare professional who fails to check the baby's heartbeat during labor or doctors who diagnose the mother's health in error prior to the birth. In these cases the doctor might fail to inform the parents of their choices for treatment options and the risks associated with those treatments.

When a child suffers a birth injury, their family can be faced with a variety of expenses which include continuing medical bills and compensation for the long-term effects of the injuries. Atlanta birth injury lawyer ReShea Balams assists clients throughout Georgia to hold negligent medical professionals accountable for their mistakes. She helps her clients recover compensation so they can pay for their emotional and financial losses.

Birth Injuries

Not all births are without complications. In fact, three out of every 100 births are associated with a serious birth injury. Many of the injuries that occur during labor and delivery can be prevented, but most are caused by medical negligence. Our Atlanta birth injury lawyers can help you identify if your child's birth injury was caused by medical malpractice during labor and delivery.

https://vimeo.com/706781628 can be extremely devastating for families, especially when the condition will affect the child's life. If your child's condition is due to medical negligence, then you may be entitled to compensation for future treatment as well as suffering, pain, loss of wages, and other damages.

The term "birth injuries" is used in a broad sense and can be used to describe psychological and physical trauma. Physical birth injuries could include everything from lacerations and bruises to skull fractures. They may also involve brain injuries, such as a lack of oxygen (hypoxic-ischemic encephalopathy), which causes cerebral palsy as well as developmental delays. The damage to the spinal cord could cause paralysis or amputation.

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

Many birth defects can be avoided by identifying the mother's risk factors for these problems prior to the time of pregnancy. Doctors can prepare for potential complications and carry out preventive procedures, like an amniocentesis. Physicians cannot stop symptoms that are caused by genetic defects or preexisting conditions, even if the doctor recognizes them before the birth of the baby.

Despite the numerous tests that are performed during pregnancy, not all problems can be anticipated or avoided. 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 lead to the complication of hypoxic-ischemic encephalopathy and/or cerebral palsy, and also the condition known as Erb's palsy, which involves damage to the nerves in the upper arm. These can result in weakness or paralysis in that limb.

Damages

If a child is born with a birth defect it can have a negative effect on the family not only physically but also emotionally. The damages awarded in a lawsuit are intended to compensate the family for the losses. The amount of compensation received is contingent upon a variety of factors, including the nature and severity of the injury and how it affected the child's life quality.

A good Atlanta birth injury lawyer can help families calculate their losses which typically consist of non-economic and economic losses. Economic damages include the costs of medical treatment, future health needs, and other related expenses. An attorney who specializes in birth injuries can help determine the past and future cost of injuries sustained by a child by working with experts and reviewing medical records, doctor's recommendations, and expert opinions.

An attorney for birth injuries will collaborate with medical and financial experts to create a Life Care Plan, which will take into account the effects of a child's injuries on their future. This could include the need for aidive devices, ongoing therapy as well as educational interventions, and other expenses related to the injury.

Settlements are typically reached in a variety of birth injury cases, rather than the trial. A birth injury lawyer with experience in the field of medical, local courts and Georgia juries can negotiate on behalf of families. If a settlement is not reached, the attorney will file a lawsuit for medical negligence on behalf of the family and collect additional evidence through discovery. This could include sworn statements from witnesses.

It is essential that parents of injured children keep detailed records and receipts that support the claims they make in their legal cases. If the documents are not kept they could be used to decrease a case or the compensation awarded by an insurance company or court. Therefore, it is essential to speak with a lawyer who has a strong background in medical malpractice law and can handle complex cases with birth injuries. The experience of the lawyer will ensure that the hospital or doctor is accountable for their actions and ensure that an equitable settlement is reached.

Statute of limitations

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

A lawyer can investigate the claim and determine who is responsible for the injuries your child sustained. They can also determine the amount of damages you can get, including compensation for medical expenses and long-term needs.

You should seek legal advice as soon as possible. The statute of limitations is the longest amount of time that you can initiate legal procedures. The clock starts at the date of the incident. If you miss this deadline, your case may be dismissed.

Georgia's statute of limitations is two years for adults starting from the date of the injury. For cases with children, the statute of limitations is different. Georgia's Official Annotated Code 9-3-73 says that you can make a claim for medical negligence 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 had a duty to provide them with the highest standard of medical care. The plaintiff must also demonstrate that the healthcare provider violated this duty by engaging in an omission or negligent act that caused 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 breached the standard of care.

The amount of damages that are awarded in a case of medical negligence is contingent on the severity and extent of the injuries, as well as how they impact the life of the victim as well as the lives of their families. This is why it's essential to seek out an experienced attorney for birth injuries. These lawyers can help you make a convincing case and get the compensation you deserve. They will also collect all the documents and information you require to file your claim.

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