5 Killer Quora Answers To Atlanta Birth Injury Lawyers
Birth Injury Lawyers
Most families find childbirth to be a joyous event. But occasionally, babies are born with devastating injuries that require years of specialized care and treatment.
If a doctor's actions or inactions were below the medical standard of care, and the birth injury that resulted caused damages, you may have grounds for an action for malpractice.
Medical Malpractice
Most births are healthy and happy, but nurses, doctors and other healthcare professionals may make mistakes. These errors can lead to a variety of serious injuries to mothers and infants. These errors are often the result of medical negligence. Atlanta birth injury lawyers can assist families file claims to recover compensation from negligent healthcare providers.
The first step is establishing that the doctor owed a duty to the plaintiff. This obligation can be proved through medical expert testimony or any other evidence to show that the healthcare provider did not adhere to the requirements of their profession in the specific case. This standard may come from the laws and regulations governing the healthcare industry or be established by professional institutions such as a medical board or an independent regulatory agency.
The next step is to demonstrate that the breach of duty of care led to an injury. This can be done by establishing that the healthcare professional failed to treat the injury or take other measures to prevent an injury from happening.
One example of this type of negligence would be a doctor failing to order an emergency C-section at the time that the mother's contractions were getting increasingly stronger. In the event of a delay, it could lead to a negligent death.
Another example of negligence is a healthcare professional who isn't able to check the baby's heartbeat during labor or an expert who diagnoses the mother's health in error prior to the birth. In these instances, a doctor may fail to inform the parents of their options for treatment and the risks associated with those treatments.
When a child suffers an injury during birth and their family is left with a significant amount of expenses which include ongoing medical bills and compensation for the long-term effects of the injuries. Atlanta birth injury lawyer ReShea Balams assists clients throughout Georgia to hold negligent medical professionals accountable for their errors. She helps her clients to get compensation for their emotional and financial loss.
Birth Injury
There are some births that come with complications. Three out of every 100 births are followed by a serious birth injury. Many of the injuries that occur during labor and delivery can be avoided, however many are caused by medical negligence. Our Atlanta birth injury lawyers can assist you to determine whether your child's birth injury was due to medical malpractice during labor and delivery.
Birth injuries can be devastating to families, especially when the condition will affect their child for the remainder of their life. If your child's illness is the result of medical negligence, you could be entitled to compensation for future treatment and suffering, pain, loss of wages, and other damages.
The term "birth injuries" is used in broad terms and could refer to both physical and psychological trauma. Physical birth injuries can range anything from lacerations and bruising to skull fractures. They can also include brain injuries, such as a lack of oxygen (hypoxic-ischemic encephalopathy) that causes cerebral palsy and delays in development. Damage to the spinal cord can cause amputation or paralysis.
Emotional birth injuries are a result of post-traumatic disorder and other psychological trauma resulting from a negligent or medically negligent birth. These kinds of injuries can be harder to quantify, but just as grave 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 plan for possible complications and provide preventive treatments, such as amniocentesis. In the case of an existing genetic defect or condition, however doctors are not able to prevent the onset of symptoms even if they are aware of them before the child's birth.
Despite the numerous tests conducted during pregnancy, not every complication is easily predicted or avoided. A baby could suffer a skull injury due to the incorrect use of a device for delivery or the excessive force used during the delivery. This could lead to the complications of hypoxic-ischemic epilepsy and/or cerebral palsy and also the condition called Erb's palsy that is caused by nerve damage in the upper arm and can result in weakness or paralysis of the leg.
Damages
When a child is born with a birth defect, it could have a negative impact on the family, not only physically, but as well emotionally. The amount of damages given to a family in lawsuits are intended to compensate the family for their losses. The amount of money awarded will depend on a variety of factors, including the type and severity of the injury and how it affected the child's quality of life.
A reputable Atlanta birth injury lawyer can assist families calculate their damages, which are typically comprised of non-economic and economic losses. Economic damages are a result of medical expenses and future medical requirements and other costs. An attorney who specializes in birth injuries can assist in determining the past and future cost of a child's injuries 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 expenses an attorney for birth injuries will also collaborate with medical and financial experts to put together an Life Care Plan that accounts for the impact a child's injuries could affect their future. This may include the need for aid devices, ongoing therapy and educational interventions.
Many birth injury cases result in settlements, not trials. A skilled birth injury attorney is familiar with the drugs involved, local courts and Georgia juries and is able to negotiate effectively on behalf of a family's behalf. If the settlement is not reached, a lawyer will start a lawsuit for medical malpractice on behalf of the family. They will also collect more evidence through discovery, which includes sworn testimony from witnesses.
Parents of children who are injured must keep detailed records, including receipts, to prove their legal claims. If the records are not maintained, they can be used to lower a case or the compensation given by an insurance company or a court. Therefore, it is essential to speak with an attorney who has expertise in medical malpractice law and can handle complex cases involving birth injuries. The experience of the lawyer will ensure that the doctor or hospital is accountable for their actions and that a fair settlement is agreed upon.
Statute of limitations
As a pregnant mother you depend on nurses and doctors to ensure that the birth injury atlanta of your child is as safe as it can be. However, unfortunately healthcare professionals are human and mistakes do happen. These mistakes can cause serious injuries for the mother and child. If these injuries are the result of medical negligence, the victims may file a lawsuit.
A lawyer can investigate the claim and determine who was responsible for the injuries your child sustained. They will then determine the extent of the damages you are able to receive including compensation for medical expenses as well as long-term care requirements.
It is crucial to seek legal assistance right away. The statute of limitations is the most time-bound amount of time you are allowed to begin legal proceedings. The clock starts at the date of the incident. If you miss this deadline, your case may be dismissed.
Georgia's statute of limitations is two 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 states that you can file a medical negligence lawsuit against a doctor for birth defects until the child is five years old.
In medical malpractice cases, the plaintiff must prove that their healthcare provider owed them an obligation to provide them with the best standard of medical treatment. The plaintiff must also show that the healthcare provider breached this duty by committing a negligent act or omission that caused the injury. The Atlanta birth injury lawyers at Miller Weisbrod Olesky will hire one or more medical experts to demonstrate that the healthcare professional's actions or Atlanta birth injury lawyer inaction breached the standards of medical care.
The amount of damages that are granted in a medical negligence case is contingent on the severity and the extent of the injuries, as well as how they will affect the life of the victim and the lives of their family. This is the reason it's important to seek out the help of an experienced attorney for birth injuries. These lawyers can aid you in putting together a solid claim to receive the compensation that you are entitled to. They will also collect all the necessary documents and evidence for your claim.