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Birth Injury Lawyers Many families consider childbirth to be a joyful moment. Sometimes babies are born with serious injuries that require lifelong special attention. You may be able file a malpractice suit in the event that a doctor's actions or lack thereof, fell below the standard of medical care, and the birth injury that resulted caused damages. Medical Malpractice The majority of babies are happy and healthy but occasionally doctors, nurses, and other healthcare professionals make mistakes. These errors can cause various serious injuries to mothers and babies. These mistakes are often caused by medical malpractice. 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 owed a duty to the plaintiff. This obligation can be established by records, testimony from medical experts, or other evidence that shows the healthcare provider did not adhere to the standard of care they are required to follow in a specific case. This standard may be determined by the laws and regulations that govern the healthcare industry or be established by professional organizations like a medical board or an independent regulatory agency. The next step is to prove that the breach of duty of care led to an injury. This can be done if the healthcare provider fails to treat the injury or other measures to prevent injuries. This kind of negligence can be proven by a doctor who fails to order an urgent C-section even though the mother's contractions are growing stronger. The failure to act could lead to a wrongful death. Another instance of negligence is a healthcare professional who fails to monitor the baby's heartbeat during labor or a doctor who diagnoses the mother's health in error prior to the birth. In these cases the doctor might not to inform parents about their treatment options and the risks involved. If a child is born with a birth defect, the family may be burdened with many expenses, such as ongoing medical bills as well as compensation to pay for the long-term consequences. Atlanta birth injury lawyer ReShea Balams assists clients throughout Georgia to hold negligent medical professionals accountable for their mistakes. She assists clients in obtaining compensation to cover their financial and emotional loss. Birth Injuries There are some births that come with complications. Three out of 100 births are accompanied by an injury to the birth. A lot of the injuries that are caused during labor and birth are preventable, but most are caused by medical negligence. Our Atlanta birth injury lawyers can help you determine if the birth injury suffered by your child was caused by medical malpractice during labor or delivery. Birth injuries can be a major issue for families, particularly when the condition affects the child's life. If your child's illness was the result of negligence on the part of a medical professional and you are a victim, you could be entitled to compensation for future treatment as well as suffering and pain, lost wages and other damages. The term “birth injury” is broad in its definition and can refer to both physical and emotional trauma. Physical birth injuries cover everything from skull fractures to bruises. They can also involve brain injuries, for example an absence of oxygen (hypoxic-ischemic encephalopathy), which causes cerebral palsy and delays in development. The damage to the spinal cord could cause amputation or paralysis. Similar to emotional birth injuries, emotional birth injuries may include post-traumatic stress disorder and other psychological traumas resulting from a medically negligent birth. These types of injuries can be harder to quantify, but are just as grave as a physical birth injury. By identifying the risk factors of the mother for these problems Many birth defects can be easily prevented. Doctors can prepare for any potential problems and provide preventive procedures, like an amniocentesis. In cases of an existing genetic defect or health issue doctors cannot stop the onset of symptoms, even if they identify them prior to the birth of the child. Despite the many tests that are performed during pregnancy, not every complication can be anticipated or avoided. For instance, a baby may suffer a skull fracture due to the improper use of a delivery tool or excessive force during the delivery process. This could result in the complication of hypoxic-ischemic encephalopathy and/or cerebral palsy as well as the condition known as Erb's palsy that causes nerve damage in the upper arm. These may cause weakness or paralysis of the leg. Damages When a child suffers an injury during birth and suffers a traumatic birth, it can affect not just the family financially and physically but also emotionally. The amount of compensation that are awarded to a family during a lawsuit are meant to compensate them for their losses. The amount of money awarded is contingent upon a variety of factors, including the nature and severity of the injury as well as how it has impacted the child's life quality. A reputable Atlanta birth injury lawyer can help families calculate their losses, which are typically comprised of both economic and non-economic losses. Economic damages can include medical treatment costs as well as future requirements for care and other expenses. An attorney for birth injuries can assist in determining the present and future cost of injuries sustained by a child by working with experts and looking over medical records, doctor's recommendations and expert opinions. In addition to calculating a lifetime's worth of medical costs an attorney for birth injuries will also collaborate with medical and financial specialists to develop a Life Care Plan that accounts for the impact that a child's injuries can affect their future. This could include the need for aidive devices, ongoing therapy as well as educational interventions, and other expenses related to the injury. A lot of birth injury cases end in settlements instead of trials. A birth injury lawyer who is experienced in the field of medical malpractice, local courts, and Georgia juries can negotiate on behalf of a family. If a settlement cannot be reached, the lawyer will file a lawsuit for medical negligence on behalf of the family, and gather additional evidence via discovery. This includes sworn testimonies from witnesses. Parents of children who are injured must keep detailed records, including receipts, in order to support their legal claims. In the event that the documents are not kept and used, they could be used to decrease a case or the compensation paid by an insurance firm or court. It is important to consult a lawyer with expertise in medical malpractice cases, and who can deal with complicated cases involving birth injuries. The experience of the lawyer will ensure that the hospital and the doctor are accountable for their actions, and that a fair settlement is reached. Statute of limitations As a pregnant mother you depend on nurses and doctors to ensure that the birth of your child is as safe as possible. But, unfortunately, healthcare professionals are only human and mistakes happen. These errors can cause serious injuries to both mother and child. If these injuries result from medical negligence, a victim may pursue legal action. An attorney can investigate your claim and determine who is at fault for the child's injury. They will determine the amount of damages you can get, including compensation for medical expenses and long-term requirements. You should seek legal advice as soon as possible. The statute of limitations is the most time-bound amount of time you have to initiate legal proceedings. The clock starts from the date of the incident. If you do not meet this deadline, your case may be dismissed. For adults the statute of limitations in Georgia is two years from the date of injury. The time-limit for minors' cases is different. Georgia's Official Annotated Code 9-3-73 provides that you may bring a medical negligence lawsuit against a doctor for birth defects until the child reaches age five. In medical malpractice cases, a plaintiff must prove that their healthcare provider owed them a duty to provide them with the highest level of medical treatment. The plaintiff must also show that the healthcare provider violated this duty by committing an omission or negligent act that led to the injury. Miller Weisbrod Olesky, the Atlanta birth injury attorneys will employ one or two experts to establish that the healthcare professional's inaction or actions contravened the law. The amount of damage that is that is awarded in a medical negligence case is contingent upon the severity of the injuries and the extent to which they can affect the lives of the victim and their family. This is the reason it's important to seek out an experienced birth injury attorney. atlanta birth injury lawyer can assist you in putting together a solid case to secure the compensation that you are entitled to. They will also collect all the documents and information you need for your claim.