Birth Injury Lawyers
The majority of families consider birth to be a joyful moment. Sometimes, however, babies are born with serious injuries that require a lifetime of special attention.
If the actions of a doctor or failure to act fell below the medical standard of care, and the resulting birth injury led to damages, you may have grounds for a malpractice claim.
Medical Malpractice
The majority of births are healthy and happy, however nurses, doctors and other healthcare professionals are prone to make mistakes. These mistakes can cause serious injuries to babies and mothers. In many instances, these errors result from medical malpractice. Atlanta birth injury lawyers can assist families file an action to recover compensation from negligent medical professionals.
The first step is to establish that the doctor was obligated to the plaintiff the duty of care. This obligation can be proven by medical expert testimony or any other evidence that shows the healthcare provider did not adhere to the standard of their profession in the particular instance. This standard could be derived from the laws and regulations that govern the healthcare industry or established by professional institutions like medical boards or an independent regulatory agency.
After this is completed then the next step is to show that the violation of this duty of care resulted in an injury. This is possible when the healthcare provider fails to treat the injury or other measures to prevent injuries.
One example of this type of negligence could be the doctor’s failure to request an emergency C-section while the mother’s contractions were becoming progressively stronger. The failure to act could lead to a wrongful death.
Another instance of negligence is when a healthcare professional fails to monitor the baby’s heartbeat during labor or an expert who diagnoses the mother’s health incorrectly before the birth. In these cases doctors may not to inform parents about their options for treatment and the dangers involved.
If a child is injured in an injury to their birth the family could be faced with a variety of costs which include continuing medical bills and compensation for the long-term consequences of the injuries. Atlanta birth injury lawyer (marvelvsdc.faith) ReShea Balams assists clients across Georgia to make medical professionals who are negligent accountable for their errors. She helps her clients to get compensation for their emotional and financial loss.
Birth Injuries
While many births are joyous events, not all are free of complications. In fact, three of every 100 births result in serious birth injury. Many of the injuries that are caused during labor and birth are preventable, but many are the result of medical negligence. Our Atlanta birth injury lawyers can assist you to identify whether your child’s birth injury was caused by medical malpractice during labor and delivery.
Birth injuries can be extremely devastating for families, especially when the condition affects the child’s life. If your child’s condition is a result of medical negligence, you could be entitled to compensation for future treatment as well as pain, suffering, lost wages, and any 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 include anything from lacerations and bruising to skull fractures. They can also involve brain injuries, for example a lack of oxygen (hypoxic-ischemic encephalopathy) that causes cerebral palsy and delays in development. They may also be caused by damage to the spinal cord, which can lead to paralysis or amputation.
Similarly, emotional birth injuries may include post-traumatic stress disorder and other psychological trauma stemming from a medically negligent birth. These types of injuries may be more difficult to quantify, but are just as important as a physical birth injury.
Many birth defects can be avoided by identifying the mother’s risk factors for these issues before the pregnancy. Doctors can plan for possible complications and provide preventive treatments like amniocentesis. Physicians cannot stop symptoms in cases of genetic problems or preexisting conditions, even if the doctor is aware of them prior to the birth of the child.
Despite the numerous tests performed during pregnancy, not every complication can be predicted or avoided. A baby could suffer an injury to the skull due to the incorrect use of a delivery device or the excessive force used during the delivery. This can lead to the development of hypoxic-ischemic brain encephalopathy or cerebral palsy, and also the condition called Erb’s palsy, which involves nerve damage in the upper arm and may cause weakness or paralysis in that limb.
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 that are awarded in a lawsuit are meant to pay the family back for the loss. The amount of compensation awarded depends on a number of factors, including the nature and severity of the injury as well as how it affected the child’s life quality.
A reputable Atlanta birth injury lawyer can help families calculate their losses which typically consist of both economic and non-economic losses. Economic damages are the cost of medical treatment, future healthcare needs, and other expenses. An attorney who specializes in birth injuries can assist in determining the past and future cost of a child’s injuries by consulting with experts and examining medical records, doctor’s recommendations and expert opinions.
An attorney for birth injuries will work with financial and medical experts to develop a Life Care Plan, which will consider the impact of a child’s injuries on their future. This could include the need for assistive devices, therapy sessions on a regular basis, education interventions, and other related expenses.
Settlements are usually reached in a variety of birth injury cases, and not a trial. A birth injury lawyer with experience in the area of medical, local courts and Georgia juries can negotiate on behalf of a family. If the settlement is not reached, a lawyer will file a medical malpractice lawsuit on the family’s behalf and collect more evidence through discovery, which may include the sworn testimony of witnesses.
Parents of children who have been injured should keep detailed records, which include receipts, to support their legal claims. Failure to maintain these records could impede a case and decrease the amount awarded by a court or insurance company. It is important to consult a lawyer with expertise in medical malpractice cases, and who can deal with complicated cases involving birth injury. The lawyer’s experience will ensure that the doctor and hospital are accountable for their actions and that a fair settlement is reached.
Statute of Limitations
As a mother-to-be, you are dependent on nurses and doctors to ensure your child’s delivery is as secure as it is. Unfortunately healthcare professionals make mistakes. These mistakes can result in serious injuries to both mother and child. If these injuries are caused by medical negligence, the victim may pursue legal action.
A lawyer can look into your claim and determine who’s at fault for the child’s injuries. They can also determine the amount of damages you could get, including compensation for medical expenses and long-term needs.
It is essential to seek legal advice right away. The statute of limitation is the maximum time period you have to bring a lawsuit. It starts counting down from the date of the incident. If you miss the deadline, your case may be dismissed.
Georgia’s statute is two years for adults from the date of the injury. The time-limit for minors’ cases is different. Georgia’s Official Annotated Code 9-3-73 provides that you have until your child turns five to make a claim for medical malpractice against a physician for a birth injury.
In medical negligence cases, a patient must prove that their healthcare provider owed them an obligation to provide them with the highest level of care. The plaintiff also needs to prove that the healthcare professional violated this duty by committing a negligent act, omission or other action that caused the injury. The Atlanta birth injury lawyers at Miller Weisbrod Olesky will hire one or more expert medical witnesses to show that the healthcare professional’s actions or inaction violated the standard of care.
The amount of damages that are granted in a case of medical negligence is contingent on the severity and extent of the injuries, as well as how they affect the life of the victim as well as the lives of their families. This is why it’s crucial to seek the assistance of an experienced birth injury lawyer. These lawyers can aid you in building a strong case to secure the compensation you are entitled to. They can also collect all the documents and evidence you need for your claim.