Birth Injury Lawyers
The majority of families consider childbirth to be a joyful event. Sometimes, however, babies are born with serious injuries that require lifelong special care.
If the actions of a doctor, or inactions were below the medical standard of care and the birth injury that resulted caused damages, you may be entitled to a malpractice claim.
Medical Malpractice
Most births are healthy and happy, but nurses, doctors and other healthcare professionals may make mistakes. These errors can result in serious injuries to babies and mothers. In most cases, these mistakes result from medical negligence. Atlanta birth injury lawyers can assist families file an action 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 through records, testimony from medical experts,
atlanta birth Injury lawyer or other evidence that proves that the healthcare provider failed to adhere to the standard of care they are required to follow in a particular instance. This standard could be derived from the laws and regulations that govern the healthcare industry, or it could be established by professional organizations like medical boards or an independent regulatory agency.
The next step is to establish that the breach of duty of care led to an injury. This is possible when the healthcare provider does not treat the injury or takes other measures to prevent injury.
A prime example of negligence would be the doctor's failure to request an emergency C-section while the mother's contractions became progressively stronger. Failure to act could cause the death of a patient who was not properly notified.
Another instance of negligence is a healthcare professional who does not monitor the baby's heartbeat during labor or an expert who diagnoses the mother's health incorrectly before the birth. In these instances doctors may not inform the parents about their options for treatment and the risks that are involved.
When a child is born with a birth defect, the family may be burdened with a lot of expenses like continuing medical bills and compensation to offset the long-term effects.
Atlanta birth injury lawyer ReShea Balams works with clients across Georgia to hold negligent medical professionals accountable for their errors. She helps her clients to get compensation for their financial and emotional loss.
Birth Injuries
While many births are joyous occasions, not all are free of complications. Three out of every 100 births are followed by serious birth injuries. Although there are many injuries that could be prevented however, many of the problems that occur during labor and birth result from medical negligence. Our Atlanta birth injury lawyers can help you identify the possibility that your child's birth injury was caused by medical malpractice during labor or delivery.
Birth injuries can be extremely devastating for families, especially when the condition is likely to affect the child's life. If your child's condition is a result of medical negligence, then you may be entitled to compensation for future treatment and pain, suffering, lost wages, and other damages.
The term "birth injuries" is used in broad terms and can refer to both psychological and physical trauma. Physical birth injuries can include anything from lacerations and bruising to skull fractures. Brain injuries can also be caused by a lack oxygen (hypoxic ischemic encephalopathy) which can cause cerebral palsy or developmental delays. Spinal cord damage can also cause paralysis or amputation.
Emotional
birth injury atlanta injuries include post-traumatic disorder as well as other psychological traumas resulting from a negligent medical delivery. These types of injuries may be more difficult to quantify, but they 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 prior to the time of pregnancy. Doctors can then prepare for possible complications and perform preventive treatments, such as an amniocentesis. Doctors are not able to prevent symptoms in cases of genetic disorders or preexisting conditions, even if a doctor has identified them prior to the birth of the baby.
Despite the numerous tests conducted during pregnancy, not every complication can be predicted or prevented. For example, a baby could suffer from skull fractures due to improper use of a delivery tool or excessive force during the delivery process. This could result in the complications of hypoxic-ischemic epilepsy or cerebral palsy, as well as the condition known as Erb's Palsy that is caused by nerve damage in the upper arm. This may cause weakness or paralysis in that arm.
Damages
If 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 amount of damages given to a family in a lawsuit are meant to compensate them for their losses. The amount of compensation awarded 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 assist families calculate their losses, which are typically comprised of both economic and non-economic losses. Economic damages refer to the cost of medical treatment, future care needs, and other related expenses. An attorney who specializes in birth injuries can assist in determining the present and future costs of injuries sustained by a child by consulting with experts and examining medical records, doctor's recommendations and expert opinions.
An attorney for birth injuries will collaborate with financial and medical experts to develop a Life Care Plan, which will consider the effects of a child's injuries on their future. This may include the need for assistive devices, ongoing therapy or education interventions.
Settlements are usually reached in a lot of birth injury cases, rather than trial. An experienced birth injury attorney is familiar with the drugs involved, the 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.
It is essential that parents of children injured keep detailed records and receipts to substantiate the claims made in their legal cases. If the records are not maintained they could be used to reduce the amount of compensation given by an insurance company or court. For this reason, it is essential to speak with an attorney with an extensive background in medical malpractice law and can handle complicated cases involving birth injuries. The experience of the lawyer will ensure that the doctor and hospital are held accountable for their actions, and that a fair resolution is reached.
Statute of limitations
As a mother-to-be, it is your responsibility to depend on doctors and nurses to make sure your child's delivery is as secure as it can be. Unfortunately healthcare professionals can make mistakes. These mistakes can result in serious injuries to the mother and child. If these injuries are caused by medical negligence, a victim may pursue legal action.
A lawyer can investigate your claim and determine who's at fault for the child's injuries. They can determine the amount of damages you may receive, which includes reimbursement for medical expenses and long-term requirements.
It is essential to seek legal advice immediately. The statute of limitation is the longest time you have to start a lawsuit. The clock starts at the date of the incident. If you miss the deadline, your case could be dismissed.