Birth Injury Lawyers
For the majority of families the birth of a child is a joyful event. But sometimes, babies are born with severe injuries that require a lifetime of care and attention.
If the actions of a doctor, or inactions fell below the medical standard of care, and the birth injury that resulted led to damages, you may have grounds for a malpractice claim.
Medical Malpractice
The majority of births are healthy and happy, but doctors, nurses and other healthcare professionals can make mistakes. These mistakes can lead to serious injuries to mothers and babies. In most cases, these mistakes result from medical malpractice. Atlanta birth injury lawyers can assist families file claims to recover compensation from negligent healthcare providers.
The first step is to prove that the doctor was obligated to the plaintiff a duty of care. This obligation can be established using the records of medical experts, or other evidence that proves the healthcare provider failed to adhere to the standard of care for their profession in a specific case. This standard could be laid out by the laws and regulations that regulate the healthcare industry or professional institutions, such as a medical board.
Once this is accomplished then the next step is to show that the violation of this duty of care caused an injury. This can be done in the event that the healthcare professional is unable to treat the injury or other appropriate measures to avoid an injury.
One example of negligence could be the doctor's failure to request an emergency C-section when the mother's contractions were becoming progressively stronger. The failure to act could result in a wrongful death.
Another example 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 cases doctors may fail to inform the parents of their options for treatment and the risks associated with these treatments.
When a child suffers a birth injury, their family can be left with a significant amount of expenses 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 hold negligent medical professionals accountable for their errors. She helps her clients to recover compensation for their emotional and financial loss.
Birth Injury
Not all births are without complications. Three out of 100 births are associated with a serious birth injury. Although not all injuries are preventable however, many of the problems that arise during labor and birth result from medical negligence. Our Atlanta birth injury lawyers can help identify if your child's birth injury was due to medical negligence 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 illness was the result of medical negligence, you may be entitled to compensation for future treatment as well as suffering and suffering, lost wages and other damages.
The term "birth injuries" is used in a broad sense and can refer to psychological and physical trauma. Physical birth injuries could include everything from lacerations and bruises to skull fractures. Brain injuries can also be caused by a lack oxygen (hypoxic ischemic Encephalopathy), causing cerebral palsy or developmental delays. They can also include spinal cord damage that can cause paralysis or amputation.
Similar to emotional birth injuries, emotional birth injuries 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 they are just as serious as a physical birth injury.
Many birth defects can be prevented by identifying the mother's potential risk factors for these conditions before the birth. Doctors can prepare for possible complications and provide preventive treatments like amniocentesis. In the case of an inherited defect or a preexisting condition, however doctors are not able to prevent the onset of symptoms even if they are aware of them prior to the birth of the child.
Despite the many tests conducted during pregnancy, not all problems can be predicted or avoided. The baby could sustain a skull injury due to the improper use of a delivery device or excessive force used during delivery. This could lead to the complications of hypoxic-ischemic epilepsy or cerebral palsy, and also the condition known as Erb's Palsy that causes nerve damage in the upper arm. This may cause weakness or paralysis in that leg.
Damages
If a child is injured during an injury during birth and suffers a traumatic birth, it can affect not only the family physically and financially but also emotionally. The damages granted in a lawsuit are meant to pay the family back for the losses. The amount of compensation awarded depends on many aspects, including the type and severity the injury, as well as the effect it has had on the child's life.
A reputable
Atlanta birth injury lawyer can assist families calculate their losses which typically consist of non-economic and economic losses. Economic damages can include medical costs and future medical requirements and other costs. A birth injury lawyer can assist in determining past and future costs of injuries to a child by working closely with experts, examining medical documents, doctor's recommendations, and expert opinion.
In addition to calculating the lifetime of medical costs, a birth injury attorney will also work with medical and financial experts to create a Life Care Plan that accounts for the impact a child's injuries will impact their future. This may include the need for assistive devices, ongoing therapy education, as well as other related expenses.
Settlements are usually reached in many birth injury cases, but not trial. A birth injury lawyer with experience in the field of medical, local courts and Georgia juries can negotiate on behalf of the family. However, if a settlement is not reached, the attorney will file a medical malpractice lawsuit on the family's behalf and collect more evidence through discovery, which includes the sworn testimony of witnesses.
It is crucial that parents of children who have been injured keep accurate documents and receipts to prove the claims made in their legal argument. Failure to keep these documents can diminish a case and reduce the compensation given by a court or insurance company. It is crucial to talk with an attorney with expertise in medical malpractice cases, and who can handle complex cases involving birth injury. The experience of the lawyer will ensure that the doctor and hospital are held accountable for their actions and that a fair settlement is reached.
Statute of Limitations
As a mom-to-be, you trust your doctors and nurses to ensure that the birth of your child is as safe as is. However, unfortunately,
Atlanta birth injury lawyer healthcare professionals are only human and mistakes happen. These errors can cause serious injuries to both mother and child. If these injuries are the result of medical negligence, victims can bring a lawsuit.
A lawyer can investigate the claim and determine who was responsible for the injuries your child sustained. They can determine the amount of damages you could receive, including the reimbursement for medical expenses as well as long-term needs.
It is crucial to seek legal help right away. The statute of limitations is the maximum amount of time you are allowed to begin legal procedures. It begins with the date of the incident. If you fail to meet the deadline, your case could be dismissed.