Birth Injury Lawyers

Many families consider childbirth to be a joyful moment. But sometimes, babies are born with horrific injuries that require years of special care and treatment.

You could be able to bring a malpractice lawsuit if a doctor's actions, or lack thereof was not up to the standard of medical care, and the birth injury that resulted in the case caused damages.

Medical Malpractice

The majority of babies are happy and healthy, but sometimes nurses, doctors, and other healthcare professionals make a mistake. These mistakes can cause serious injuries to mothers and babies. In many instances, these errors are due to medical malpractice. Atlanta birth injury lawyers can help families make a claim for compensation against negligent healthcare providers.

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 any other evidence that proves the healthcare provider failed to adhere to the standard of care required for their job in a specific case. This standard could be derived from the laws and regulations governing the healthcare industry or be established by professional organizations like medical boards or an independent regulatory agency.

Once this is done then the next step is to demonstrate that the violation of this duty of care caused an injury. This can be done when the healthcare provider fails to treat the injury or other measures to prevent injuries.

One example of this type of negligence would be a doctor failing to order an emergency C-section while the mother's contractions were getting more and more intense. The inability to act could cause wrongful death.

Another example of negligence is when a healthcare professional isn't able to observe the baby's heartbeat while in labor or an expert who diagnoses the mother's health wrongly prior to the birth. In these instances, the doctor may fail to inform parents about their options for treatment and the risks that are involved.

If a child is born with a birth defect, the family could be faced with a host of costs like continuing medical bills and compensation to cover the long-term effects. Atlanta birth injury lawyer ReShea Balams assists clients throughout Georgia to hold negligent medical professionals accountable for their errors. She helps her clients to obtain compensation for their financial and emotional loss.

Birth Injury

While many births are joyful events, not all are free of complications. Three out of 100 births are associated with an injury to the birth. While some injuries are avoidable however, many of the problems that occur during labor and delivery are due to medical negligence. Our atlanta birth injury attorneys birth injury lawyers can help you identify if your child's birth injury was the result of medical malpractice during labor or delivery.

Birth injuries can be devastating for families, particularly when the condition affects their child for the remainder of their life. If your child's condition is a result of medical negligence, then you may be entitled to compensation for future treatment and suffering, pain, lost wages, and other damages.

The term "birth injuries" is used in broad terms and can be used to describe both physical and psychological trauma. Physical birth injuries cover everything from skull fractures to bruising. They can also involve brain injuries, like an absence of oxygen (hypoxic-ischemic encephalopathy) which can cause cerebral palsy and delays in development. They can also cause damage to the spinal cord that can cause paralysis or even amputation.

Emotional birth injuries include post-traumatic disorder, as well as other psychological traumas that result from a medically negligent delivery. These types of birth injuries are harder to quantify, but they are just as serious.

By identifying the risk factors for the mother who is at risk for these issues Many birth defects can easily be prevented. Doctors can prepare for potential complications and carry out preventive treatments, such as an amniocentesis. Doctors are not able to prevent symptoms that are caused by genetic defects or preexisting ailments, even if the doctor is aware of them prior to the birth of the child.

Despite the numerous tests that are performed during a pregnancy, not all issues can be anticipated or prevented. For instance, a newborn could suffer from skull fractures due to improper use of a delivery tool or excessive force during the delivery process. This can result in cerebral palsy and/or hypoxic-ischemic brain damage, 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 to a family in lawsuits are intended to compensate them for their losses. The amount of money awarded depends on a number of aspects, including the nature and severity of the injury as well as how it has affected the child's quality of living.

A good Atlanta birth injury lawyer can help families calculate their losses, which are typically comprised of economic and non-economic losses. Economic damages can include medical costs as well as future requirements for care and other expenses. A birth injury lawyer can assist in determining past and future costs of injuries to a child by working closely with experts, looking over medical records, doctors' recommendations, and expert opinion.

In addition to calculating a lifetime of medical expenses, a birth injury lawyer will also work with medical and financial specialists to create an Life Care Plan that accounts for the impact a child's injuries could affect their future. This can include the need for aid devices, ongoing therapy, and education programs.

Settlements are often reached in a variety of birth injury cases, but not the trial. An experienced birth injury attorney is familiar with the medicine involved, the local courts and Georgia juries, and can negotiate effectively on a family's behalf. However, if a settlement is not reached the lawyer can start a lawsuit for medical malpractice on behalf of the family. They will also collect more evidence through discovery, which may include witness testimony sworn by witnesses.

It is important that parents of injured children keep accurate records and receipts that support the claims they make in their legal cases. In the event that the documents are not kept, they can be used to reduce the amount of compensation given by an insurance company or court. For this reason, it is crucial to speak with a lawyer who has expertise in medical malpractice law and can handle complex cases that involve birth injuries. The experience of the lawyer will ensure that the hospital and doctor are held accountable for their actions, and that a fair settlement is reached.

Statute of Limitations

As a mother of a child you depend on your doctors and nurses to ensure your child's birth is as secure as it can be. But, unfortunately healthcare professionals are human and mistakes happen. These errors can lead to serious injuries to the mother and child. If these injuries are the result of medical negligence, the victims could bring a lawsuit.

A lawyer can look into the claim and determine who was responsible for the injury your child sustained. They will then determine the amount of the damages you can get which includes compensation for medical expenses and long-term health care requirements.

You should seek legal advice as soon as you are able to. The statute of limitations is the longest amount of time that you can initiate legal actions. It begins 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 beginning from the date of injury. However, for cases that involve children, the statute of limitations is different. Georgia's Official Annotated Code 9-3-73 provides that you may make a claim for medical negligence against a doctor to remedy birth defects until the child reaches age 5.

In medical malpractice cases a plaintiff has to show that the healthcare provider had an obligation to provide the highest level care. The plaintiff must also show that the healthcare provider violated this duty through negligence, omission or other action which caused the injury. The Atlanta birth injury lawyers at Miller Weisbrod Olesky will hire one or more expert medical witnesses to demonstrate that the healthcare professional's actions or inactions violated the standards of care.

The amount of damages awarded in a case of medical negligence depends on the severity and the extent of the injuries and how they will affect the victim's life and that of their family. This is the reason it's important to seek out the help of an experienced birth injury attorney. These attorneys can assist you in building a strong case to get the compensation you deserve. They will also collect all the required documents and information for your claim.