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Most families find childbirth to be a joyous event. But occasionally, babies are born with horrific injuries that require years of special care and treatment.
You may be able to make a claim for malpractice when a doctor's conduct, or lack of them was not up to the standard of medical treatment and the birth injury that resulted caused damages.
Medical Malpractice
The majority of births are happy and healthy, but nurses, doctors and other healthcare professionals may make mistakes. These errors can cause various serious injuries to mothers and babies. These errors are usually the result of medical negligence. atlanta birth injury attorneys birth injury lawyers can assist families to file an action to recover compensation from negligent healthcare providers.
The first step is to establish that the doctor owed an obligation to the plaintiff. This obligation can be established through records, medical expert testimony or any other evidence that shows the healthcare provider did not follow the requirements of their profession in the particular case. This standard may be laid out in the laws and regulations that regulate the healthcare industry, or by professional organizations, like a medical board.
Once this is done then the next step is to show that the breach of this duty of care caused an injury. This is done in the event that the healthcare professional does not treat the injury or other measures to prevent injuries.
A prime example of negligence is the doctor's failure to request an emergency C-section at the time that the mother's contractions were becoming more and more intense. The inability to act could lead to an unintentional death.
Another instance of negligence is when a healthcare professional does not check the baby's heartbeat during labor or an expert who diagnoses the mother's health incorrectly before the birth. In these instances the doctor might fail to inform the parents of their options for treatment and the risks associated with those treatments.
If a child is injured in an injury during birth the family could be left with a lot of costs which include ongoing medical bills as well as compensation for the long-term effects of the injuries. Atlanta birth injury lawyer ReShea Balams works with clients across Georgia to make medical professionals who are negligent accountable for their errors. She helps her clients recover compensation to help them cover their financial and emotional loss.
Birth Injuries
There are some births that come with complications. In fact, three out of every 100 births are associated with a serious birth injury. A lot of the injuries that occur during labor and delivery can be prevented, but many are caused by medical negligence. Our Atlanta birth injury lawyers can help identify if your child's birth injury was due to medical malpractice during labor and delivery.
Birth injuries can be a major issue for families, especially when the condition affects the child's life. If your child's condition is due to medical negligence, you may be entitled to compensation for future treatment, pain, suffering, lost wages, and any other damages.
The term "birth injuries" is used in broad terms and could be used to describe psychological and physical trauma. Physical birth injuries can range from skull fractures to bruising. Brain injuries can also result from a lack of oxygen (hypoxic ischemic Encephalopathy), causing cerebral palsy or developmental delays. They can also cause damage to the spinal cord that can cause paralysis or even amputation.
In the same way, emotional birth traumas can include post-traumatic stress disorder and other psychological traumas that result from a negligent medical birth. These kinds of injuries can be harder 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 birth. Doctors can prepare for possible complications and perform preventive procedures, like an amniocentesis. Physicians cannot stop symptoms that are caused by genetic disorders or preexisting conditions, even if the doctor has identified them prior to the birth of the baby.
Despite the many tests performed during a pregnancy, not all problems can be predicted or avoided. A baby may suffer an injury to the skull due to the improper use of a device for delivery or the excessive force used during delivery. This could result in the development of hypoxic-ischemic brain 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. This can result in weakness or paralysis in that leg.
Damages
If a child is born with a birth defect it can have a negative effect on the family, not just physically but also emotionally. The damages given to a family in lawsuits are intended to compensate the family for their losses. The amount of compensation depends on a variety of aspects, including the severity and nature of the injury, as well as the effect it has had on the child's life.
A reputable atlanta birth injury lawsuit birth injury lawyer can assist families calculate their losses, which are typically comprised of economic and non-economic losses. Economic damages include medical treatment costs as well as future requirements for care and other costs. An attorney for birth injuries can help determine the past 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 create an Life Care Plan, which will consider the effects of a child's injuries on their future. This could include the need for aidive 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 attorney 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 isn't reached, the lawyer will initiate a lawsuit for medical malpractice on behalf of the family and gather additional evidence via discovery. This includes sworn testimony from witnesses.
It is essential that parents of children who have been injured keep detailed documents and receipts to prove the claims made in their legal argument. If the documents are not kept, they can be used to decrease the amount of compensation given by an insurance company or court. This is why it is vital to consult with an attorney with an extensive background in medical malpractice law and who can deal with complex cases that involve birth injuries. The experience of the lawyer will ensure that the doctor or hospital is held accountable for their actions and that a fair settlement is agreed upon.
Statute of limitations
As a pregnant mother you rely on your doctors and nurses to ensure your child's birth is as secure as it can be. Unfortunately, healthcare professionals make mistakes. These mistakes can result in serious injuries to mother and child. If the injuries are the result of medical negligence, victims can bring a lawsuit.
A lawyer can investigate the claim and determine who is responsible for the injury your child sustained. They can also determine the amount of damages you can receive, which includes compensation for medical expenses and long-term requirements.
It is essential to seek legal advice right away. The statute of limitations is the longest amount of time that you can initiate legal actions. The clock starts at 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. However, for cases that involve children, the statute of limitations is different. Georgia's Official Annotated Code 9-3-73 provides that you have until your child is five to file a medical malpractice lawsuit against a physician for birth injuries.
In medical malpractice cases a plaintiff has to show that the healthcare provider was under an obligation to provide the best treatment. The plaintiff must also show that the healthcare professional violated this duty through negligence or omission which 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 standards of medical care.
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