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Birth Injury Lawyers For most families birth is a joyous moment. But occasionally, babies are born with severe injuries that require years of specialized care and treatment. If a doctor's actions or inactions fell below the medical standard of care and the birth injury that resulted led to damages, you may be entitled to an action for malpractice. Medical Malpractice Most births are healthy and happy, but nurses, doctors and other healthcare professionals can make mistakes. These mistakes can lead to serious injuries to mothers and babies. In many instances, these errors are due to medical malpractice. Atlanta birth injury lawyers can help families make a claim to recover compensation from negligent healthcare providers. The first step is to establish that the doctor owed the plaintiff a duty of care. This obligation can be established through medical expert testimony or any other evidence that shows the healthcare provider didn't adhere to the standards of their profession in the specific instance. This standard could be set out in the laws and regulations that regulate the healthcare industry or professional institutions, like a medical board. Once this is done, the next step is to prove that the breach of this duty of care caused an injury. This can be done if the healthcare provider is unable to 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 were getting progressively stronger. The inability to act could cause wrongful death. Other examples of this type of negligence could include a healthcare professional failing to properly monitor the baby's heart rate during labor, or a doctor making an improper diagnosis of the mother's condition before the birth. In these instances, a doctor may not inform parents of their options for treatment and the risks associated with those treatments. If a child is injured in an injury during birth and their family is left with a lot of expenses, including continuing medical bills and 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 mistakes. She assists her clients to get compensation for their financial and emotional loss. Birth Injury Although many births are happy events, not all are without complication. In fact, three out of every 100 births are associated with a serious birth injury. Although some injuries are avoidable most of the ailments that arise during labor and birth are due to medical negligence. Our Atlanta birth injury lawyers can help determine whether your child's birth injury was due to medical negligence during labor and delivery. Birth injuries can be devastating for families, especially when the condition will affect the child's life. Fortunately, if your child's condition was caused by medical negligence and you are a victim, you could be entitled to compensation for the future treatment, suffering and pain, 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 include everything from skull fractures to bruises. They can also involve brain injuries, such as an absence of oxygen (hypoxic-ischemic encephalopathy) which can cause cerebral palsy and developmental delays. Spinal cord damage can also cause amputation or paralysis. Similar to emotional birth injuries, emotional birth injuries can also include post-traumatic stress disorders and other psychological traumas resulting from a negligent medical birth. These kinds of birth injuries are difficult to quantify but can be equally severe. Many birth defects can be avoided by identifying the mother's risk factors for these issues before the pregnancy. Doctors can be prepared for potential complications, and provide preventive treatments like amniocentesis. If there is an existing genetic defect or disease, however, a physician cannot prevent the onset of symptoms even if they recognize these before the child's birth. Despite the numerous tests that are performed during pregnancy, not all issues can be anticipated or avoided. For instance, a newborn might suffer skull fractures due to improper use of a delivery tool or excessive force during the delivery process. This could result in cerebral palsy and/or hypoxic-ischemic brain injury, and also Erb's Palsy which is a condition where nerves in the upper arms are damaged, leading to weakness or paralysis. Damages If a child is injured during an injury during birth that is caused by a birth injury, it affects not just the family physically and financially, but emotionally as well. The amount of compensation awarded to a family in lawsuits are intended to compensate them for their losses. The amount of compensation awarded depends on a variety of factors, such as the severity and nature of the injury as well as the impact it has had on the child's life. A reputable Atlanta birth injury lawyer can assist families with calculating damages, which usually include economic and non-economic losses. Economic damages can include medical costs and future medical requirements and other expenses. A birth injury attorney can help determine the past and future costs of injuries sustained by a child by working with experts and reviewing medical records, doctor's advice, and expert opinions. In addition to calculating a lifetime of medical costs, a birth injury attorney will also collaborate with financial and medical specialists to create an Life Care Plan that accounts for the impact a child's injuries will affect their future. This could include the need for assistive devices, ongoing therapy education, as well as other expenses related to the injury. Settlements are usually reached in a variety of birth injury cases, but not the trial. A birth injury lawyer who is experienced in the area of medicine, local courts, and Georgia juries can negotiate on behalf of the family. If a settlement cannot be reached, the attorney will file a lawsuit for medical negligence on behalf of the family and collect additional evidence through discovery. This includes sworn testimony from witnesses. Parents of injured children should keep detailed records, which include receipts, in order to support their legal claims. Failure to maintain these records can impede the case and decrease the amount awarded by a court or insurance company. For this reason, it is essential to speak with an attorney who has an extensive background in medical malpractice law and is able to deal with complex cases with birth injuries. The experience of the lawyer will ensure that the hospital and the doctor are accountable for their actions, and that a fair resolution is reached. Statute of Limitations As a mom-to-be, you trust your doctors and nurses to make sure the birth of your child is as safe as it is. But, unfortunately healthcare professionals are human and mistakes do happen. These mistakes can result in serious injuries for the mother and child. If the injuries are the result of medical negligence, the victims may sue. A lawyer can look into the claim and determine who was at fault for the injuries your child sustained. They can also determine the amount of damages you may receive, including compensation for medical expenses and long-term needs. It is recommended to seek legal advice as soon as you can. The statute of limitations is the time limit for when you are required to start a lawsuit. It begins at the time of the incident. If you fail to meet the deadline, your case may be dismissed. Georgia's statute of limitations is 2 years for adults starting from the date of the injury. The time limit for cases involving minors is different. Georgia's Official Annotated Code 9-3-73 says that you can bring a medical negligence lawsuit against a doctor for birth defects until the child reaches age 5. In medical malpractice cases, a plaintiff has to show that the healthcare provider owed a duty to them to provide the highest level medical care. The plaintiff must also prove that the healthcare provider breached this duty by engaging in a negligent act or omission 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 standards of medical care. The amount of damages granted in a case of medical negligence is determined by the severity and the extent of the injuries, as well as how they affect the victim's life and that of their family. It is important to seek out the help of an attorney for birth injuries who is experienced. atlanta birth injury attorneys can help you create a strong case to get the compensation you deserve. They will also collect all the documents and information you require to file your claim.