Birth Injury Lawyers
For the majority of families birth is a joyous occasion. Sometimes babies are born with serious injuries that require lifelong special attention.
If a doctor’s actions or inactions were below the medical standard of care, and the birth injury led to damages, you may be able to file an action for malpractice.
Medical Malpractice
The majority of babies are happy and healthy but occasionally doctors, nurses and other healthcare professionals make a mistake. These mistakes can lead to serious injuries to mothers and babies. These mistakes are often the result of medical malpractice. Atlanta birth injury lawyers can assist families make a claim to recover compensation from negligent medical professionals.
The first step is establishing that the doctor owed an obligation to the plaintiff. This obligation can be established by medical expert testimony, or any other evidence that shows the healthcare provider did not follow the standard of their field in the particular case. This standard may come from the laws and regulations that govern the healthcare industry or established by professional organizations such as medical boards or an independent regulatory agency.
The next step is to demonstrate that the breach of duty of care resulted in an injury. This can be done by establishing that the healthcare professional failed to treat the injury or take other measures to stop an injury from happening.
This type of negligence could be demonstrated by doctors who fail to order an urgent C-section even though the mother’s contractions are getting stronger. Failure to act could lead to the death of a patient who was not properly notified.
Other examples of negligence could be medical professionals failing to monitor a baby’s heart rate during labor or a doctor who makes an incorrect diagnosis of mother’s condition prior to the birth. In these cases the doctor might fail to inform the parents of their options for treatment and the risks associated with these treatments.
If a child is injured in a birth injury and their family is faced with a variety of costs which include ongoing medical bills and compensation for the long-term effects of the injuries. atlanta birth injury lawsuit birth injury lawyer ReShea Balams assists clients across Georgia to hold negligent medical professionals accountable for their errors. She assists her clients in recovering compensation so they can compensate for their emotional and financial loss.
Birth Injuries
Although many births are happy events, not all are without complications. Three out of every 100 births are accompanied by serious birth injuries. A lot of the injuries that are caused during labor and birth are preventable, but most are caused by medical negligence. Our Atlanta birth injury lawyers can assist you to determine whether your child’s birth injury was due to medical negligence during labor and delivery.
Birth injuries can be devastating to families, especially if the condition will affect their child for the remainder of their life. If your child’s illness is due to medical negligence, then you could be entitled to compensation for future treatment and suffering, pain, loss of wages, and other damages.
The term “birth injuries” is used in broad terms and could refer to both psychological and physical trauma. Physical birth injuries can include anything from lacerations and Atlanta Birth Injury Lawyer bruising to skull fractures. They can also involve brain injuries, such as a lack of oxygen (hypoxic-ischemic encephalopathy), which causes cerebral palsy and delays in development. They may also be caused by spinal cord injuries, which can lead to paralysis or even amputation.
Similar to emotional birth injuries, emotional birth injuries may include post-traumatic stress disorder and other psychological trauma stemming from a negligent medical birth. These types of injuries can be more difficult to quantify, but they are just as serious as a physical birth injury.
By identifying the risk factors of the mother for these problems, many birth defects can easily be prevented. Doctors can plan for possible complications, and provide preventive treatments like amniocentesis. Physicians cannot stop symptoms that are caused by genetic disorders or preexisting ailments, even if the doctor recognizes them before the birth of the child.
Despite the many tests performed during pregnancy, not all complications can be predicted or prevented. For instance, a newborn may suffer skull fractures as a result of an improper use of a birth tool or excessive force during the delivery process. This could result in the complication of hypoxic-ischemic encephalopathy and/or cerebral palsy, and also the condition called Erb’s palsy that is caused by damage to the nerves in the upper arm. These can result in weakness or paralysis in that arm.
Damages
When a child is born with a birth defect, it could have a negative impact on the family, not just physically but also emotionally. The damages awarded in a lawsuit are designed to pay the family back for the loss. The amount of compensation received is contingent upon a variety of factors, including the type and severity of the injury and how it has impacted the child’s quality of living.
A reputable Atlanta birth injury lawyer can assist families calculate their losses which typically consist of economic and non-economic losses. Economic damages are a result of medical expenses and future medical requirements and other expenses. A birth injury lawyer can help determine the future and past costs incurred by a child’s injuries by working closely with experts, reviewing medical records, doctor’s recommendations, and expert opinion.
A birth injury attorney will work with financial and medical experts to create a Life Care Plan, which will take into account the consequences of a child’s injury on their future. This could include the need for assistive devices, ongoing therapy education, as well as other related expenses.
A lot of birth injury cases end in settlements, not trials. An experienced birth injury lawyer is familiar with the drugs involved, local courts and Georgia juries and is able to negotiate efficiently on behalf of a family’s behalf. If a settlement is not reached, the lawyer will initiate a lawsuit for medical malpractice on behalf of the family and gather additional evidence through discovery. This includes sworn testimony from witnesses.
Parents of injured children should keep meticulous records, including receipts, in order to support their legal claims. In the event that the records are not maintained, they can be used to decrease the amount of compensation awarded by an insurance company or court. This is why it is crucial to speak with an attorney with expertise in medical malpractice law and who can deal with complex cases that involve birth injuries. The lawyer’s expertise will ensure that the doctor or hospital is held accountable for their actions and that an equitable settlement is reached.
Statute of limitations
As a pregnant mother you rely on 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 do happen. These errors can lead to serious injuries to the mother and child. If the injuries result from medical negligence, the victim may pursue legal action.
A lawyer can investigate your claim and determine who’s at fault for the child’s injury. They will then determine the extent of the damages you are able to get which includes compensation for your medical expenses as well as long-term care requirements.
You should seek legal advice as soon as you can. The statute of limitation is the longest time you have to start a lawsuit. It begins with the date of the incident. If you miss the deadline, your case could be dismissed.
For adults, Georgia’s statute of limitations is two years from the date of injury. For cases with children, Atlanta birth injury lawyer the statute of limitations is different. Georgia’s Official Annotated Code 9-3-73 states that you can make a claim for medical negligence against a doctor for birth defects until the child reaches age 5.
In medical malpractice cases, a plaintiff must prove that the healthcare provider had the obligation to provide the best treatment. The plaintiff must also prove that the healthcare provider breached this duty through a negligent act or omission that caused the injury. The Atlanta birth injury lawyers at Miller Weisbrod Olesky will hire one or more medical experts to show that the healthcare professional’s actions or inaction breached the standard of medical care.
The type of damages granted in a medical negligence case is contingent on the degree and severity of the injuries, and how they affect the life of the victim as well as the lives of their families. It is important to seek the assistance of an attorney for birth injuries with experience. They can assist you in constructing a strong case to secure the compensation that you deserve. They will also collect all the documents and evidence that you require for your claim.