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Birth Injury Lawyers

For the majority of families the birth of a child is a joyful moment. But occasionally babies are born with horrific injuries that require a lifetime of special care and treatment.

If a doctor’s actions or inactions fell below the medical standard of care, and the birth injury caused damage, you could be entitled to a malpractice claim.

Medical Malpractice

The majority of babies are healthy and happy however, sometimes doctors, nurses and other healthcare professionals make a mistake. These mistakes can cause serious injuries to mothers and babies. In most cases, these mistakes result from medical malpractice. Atlanta birth injury lawyers can help families file claims for compensation against negligent medical professionals.

The first step is to establish that the doctor owed a duty to the plaintiff. This obligation can be proved through records, medical expert testimony or any other evidence to show that the healthcare provider didn’t adhere to the requirements of their profession in the specific instance. This standard may be laid by the laws and regulations that govern the healthcare industry, or by professional institutions, such as a medical board.

The next step is to establish that the breach of duty of care led to an injury. This can be done by proving that the healthcare provider was unable to treat the injury in question or take any other appropriate steps to prevent an injury from happening.

A prime example of negligence would be the physician’s inability to order an emergency C-section at the time that the mother’s contractions were becoming more and more intense. This failure to act could result in a wrongful death.

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

If a child is injured in an injury during birth the family could be left with a significant amount of expenses, including ongoing medical bills and compensation for the long-term consequences of the injuries. ReShea Balams, an Atlanta birth injury attorney assists clients in Georgia to hold negligent doctors accountable for their mistakes. She helps her clients recover compensation so they can cover their financial and emotional loss.

Birth Injury

While many births are joyful events, not all are free of complications. Three out of every 100 births are associated with a serious birth injury. Many of the injuries that are caused during labor and birth can be avoided, however most are caused by medical negligence. Our Atlanta birth injury lawyers can assist you in determining whether the birth injury that your child suffered was the result of medical negligence during labor or delivery.

Birth injuries can be a devastating experience for families, particularly when the condition affects their child for the remainder of their life. Fortunately, if your child’s condition was the result of medical negligence and you are a victim, you could be entitled to compensation for your child’s future treatment, suffering and pain, lost wages and other damages.

The term “birth injuries” is used in a broad sense and can be used to describe both psychological and physical trauma. Physical birth injuries can range everything from lacerations and bruises to skull fractures. They can also involve brain injuries, like a lack of oxygen (hypoxic-ischemic encephalopathy) which can cause cerebral palsy as well as developmental delays. Spinal cord damage can also result in amputation or paralysis.

Emotional birth injuries are a result of post-traumatic disorder, as well as other psychological traumas 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 avoided by identifying the mother’s potential risk factors for these conditions prior to the time of pregnancy. Doctors can be prepared for potential complications and provide preventive treatments such as amniocentesis. In cases of an inherited defect or a preexisting condition, however doctors are not able to prevent the onset of symptoms even if they recognize these before the child’s birth.

Despite the numerous tests conducted during pregnancy, not every complication is easily predicted or avoided. For example, a baby may suffer skull fractures as a result of an improper use of a birth tool or excessive force during the delivery process. This can result in cerebral palsy, or hypoxic-ischemic brain damage, and also Erb’s Palsy which is a condition where nerves in the upper arms are damaged, leading to weakness or paralysis.

Damages

If a child is injured during an injury at birth, it often impacts not just the family physically and financially but also emotionally. The damages awarded in a lawsuit are meant to reimburse the family for the losses. The amount of compensation received depends on a number of aspects, including the nature and severity of the injury as well as how it has impacted the child’s life quality.

A reputable Atlanta birth injury lawyer can help families calculate damages, which usually include economic and non-economic losses. Economic damages can include medical costs as well as future requirements for care and other costs. An attorney for birth injuries can assist in determining the past and future cost of injuries sustained by a child by working with experts and reviewing medical records, doctor’s advice, and expert opinions.

In addition to calculating a lifetime’s worth of medical costs an attorney for birth injuries will also collaborate with medical and financial experts to put together a Life Care Plan that accounts for the impact that a child’s injuries could have on their future. This can include the need for assistance devices, ongoing therapy or education programs.

A lot of birth injury cases end in settlements instead of trials. An experienced birth injury attorney is well-versed in the medical procedures involved, local courts and Georgia juries, and can negotiate effectively on a family’s behalf. If a settlement isn’t reached, the lawyer will file a lawsuit for medical malpractice on behalf of the family, and gather additional evidence through discovery. This includes sworn testimonies from witnesses.

It is crucial that parents of injured children keep accurate records and receipts to substantiate the claims made in their legal argument. In the event that the records are not maintained and used, they could be used to decrease the amount of compensation paid by an insurance firm or a court. It is essential to speak with an attorney who has experience in medical malpractice cases, and who can deal with complicated cases involving birth injury. The experience of the lawyer will ensure that the hospital and doctor are accountable for their actions and that a fair settlement is reached.

Statute of Limitations

As a mom-to-be, you trust your doctors and nurses to make sure the birth of your child is as safe as is. However, unfortunately, atlanta birth injury lawsuit are only human, and mistakes can happen. These errors can result in serious injuries to both mother and child. If these injuries are the result of medical negligence, the victims may file a lawsuit.

A lawyer can look into your claim and determine who’s at fault for the child’s injury. They can determine the extent of the damages you can get including compensation for medical expenses and long-term care requirements.

It is crucial to seek legal help immediately. The statute of limitations is the most time-bound amount of time you are allowed to start legal procedures. It starts counting down from the date of the incident. If you miss the deadline, your case could be dismissed.

Georgia’s statute of limitations is two years for adults from the date of the injury. The time-limit for cases involving minors is different. Georgia’s Official Annotated Code 9-3-73 says that you have until your child is five to bring a medical malpractice lawsuit against a doctor in the event of a birth injury.

In medical malpractice cases, a plaintiff must prove that their healthcare provider was bound by the obligation to provide them with the highest standard of medical treatment. The plaintiff must also show that the healthcare provider breached this duty by engaging in an omission or negligent act that caused the injury. Miller Weisbrod Olesky, the Atlanta birth injury lawyers will employ two or three medical experts to prove that the healthcare professional’s actions or actions contravened the law.

The type of damage granted in a medical malpractice case is contingent upon the severity of the injuries and the extent to which it affects the life of the victim and their family. It is essential to seek the advice of an attorney who has experience. These attorneys can help you build a strong case and get the compensation you deserve. They will also collect all the documents and evidence you need for your claim.