Five Killer Quora Answers To Atlanta Birth Injury Lawyers
Birth Injury Lawyers
For most families, childbirth is a joyful moment. Sometimes, however, babies are born with serious injuries that require long-term special attention.
You may be able file a malpractice suit in the event that a doctor's actions or the lack thereof were not in line with the standards of medical care and the birth injury that resulted in the case caused damages.
Medical Malpractice
The majority of births are healthy and happy however, sometimes nurses, doctors and other healthcare professionals make mistakes. These errors can lead to a variety of serious injuries to mothers and babies. These errors are often caused by medical malpractice. atlanta birth injury lawyer birth injury lawyers can assist families to file 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 by medical expert testimony, or any other evidence to show that the healthcare provider did not follow the standard of their profession in the specific situation. This standard could be set out in the laws and regulations that regulate the healthcare industry or by professional institutions, like medical boards.
After this is completed then the next step is to demonstrate that the breach of this obligation of care led to an injury. This is done by proving that the healthcare professional failed to treat the injury or take other measures to stop an injury from occurring.
One example of this type of negligence could be the doctor's failure to request an emergency C-section while the mother's contractions were becoming increasingly stronger. In the event of a delay, it could lead to a wrongful death.
Other instances of negligence could include a healthcare professional failing to monitor the baby's heart rate during labor or a doctor delivering an incorrect diagnosis of the mother's condition before the birth. In these instances, a doctor may fail to inform the parents of their options for treatment and the risks associated with these treatments.
If a child is born with a birth defect the family may be burdened with many expenses like continuing medical bills and compensation to cover the long-term effects. ReShea Balams is an Atlanta birth injury attorney works with clients in Georgia to make negligent doctors accountable for their errors. She helps her clients recover compensation so they can compensate for their emotional and financial losses.
Birth Injuries
Although many births are happy occasions, not all births are without complications. In fact, three of every 100 births result in a serious birth injury. While not all injuries are preventable however, many of the problems that occur during labor and delivery result from medical negligence. Our Atlanta birth injury lawyers can help identify whether your child's birth injury was caused by medical malpractice during labor and delivery.
Birth injuries can be a devastating experience for families, particularly when the condition affects their child for the remainder of their life. If your child's illness is due to medical negligence, then you may be entitled compensation for future treatment, suffering, pain, lost wages, and other damages.
The term "birth injury" is broad and can include both emotional and physical trauma. Physical birth injuries can include anything from lacerations and bruising to skull fractures. They may also involve brain injuries, like an absence of oxygen (hypoxic-ischemic encephalopathy) that causes cerebral palsy as well as developmental delays. They may also be caused by spinal cord damage which could lead to paralysis or amputation.
Emotional birth injuries are a result of post-traumatic disorder as well as other psychological trauma resulting from a medically negligent delivery. These kinds of injuries can be more difficult to quantify, but are just as serious as physical birth injuries.
Many birth defects can be avoided by identifying the mother's risk factors for these problems before the birth. Doctors can be prepared for potential complications and provide preventive treatments, such as amniocentesis. Doctors are not able to prevent symptoms that are caused by genetic defects or preexisting conditions, even if a doctor recognizes them before the birth of the baby.
Despite the many tests that are performed during pregnancy, not every complication can be anticipated or prevented. The baby could sustain a skull injury due to the improper use of a delivery device or excessive force applied during the delivery. This can lead to cerebral palsy and/or atlanta birth injury lawyers hypoxic-ischemic brain damage as well as 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 born with a birth defect it can have a negative effect on the family not only physically, but as well emotionally. The damages that are awarded in a lawsuit are designed to pay the family back for these losses. The amount of compensation awarded depends on many factors, such as the type and severity the injury as well as the impact it has had on the child's life.
A reputable Atlanta birth injury attorney can assist families with calculating damages, which typically comprise economic and non-economic losses. Economic damages can include medical costs and future medical requirements and other costs. A birth injury lawyer can help determine the past and future costs of a child’s injuries by working closely with experts, looking over medical documents, doctor's recommendations, and expert opinions.
An attorney for birth injuries will work with medical and financial experts to develop a Life Care Plan, which will take into consideration the consequences of a child's injury on their future. This can include the need for aid devices, ongoing therapy or educational interventions.
Many birth injury cases result in settlements, not trials. A skilled birth injury attorney is familiar with the medicine involved, local courts and Georgia juries and is able to negotiate effectively on behalf of the family. However, if there is no settlement the lawyer can file a medical malpractice lawsuit on behalf of the family and collect more evidence through discovery, which may include witness testimony sworn by witnesses.
Parents of children who are injured must keep detailed records, including receipts, to prove their legal claims. Failure to maintain these records could impede a case and reduce the compensation given by a court or insurance company. This is why it is essential to speak with a lawyer who has expertise in medical malpractice law and is able to deal with complex cases with birth injuries. The expertise of the lawyer will ensure that the doctor or hospital is accountable for their actions and ensure that a fair settlement is reached.
Statute of limitations
As a mother of a child you depend on your doctors and nurses to ensure your child's birth is as safe as it can be. However, unfortunately healthcare professionals are human, and mistakes can happen. These errors can cause serious injuries to both mother and child. If these injuries are the result of medical negligence, victims may bring a lawsuit.
A lawyer can investigate the claim and Atlanta birth injury lawyers determine who was at fault for your child's injury. They will determine the amount of damages you could receive, including reimbursement for medical expenses and longer-term needs.
It's important to seek legal advice right away. The statute of limitations is the maximum amount of time that you can begin legal actions. The clock starts from the date of the incident. If you fail to meet the deadline, your case could be dismissed.
Georgia's statute is two years for adults starting from the date of the injury. For cases that involve children the statute of limitation is different. Georgia's Official Annotated Code 9-3-73 says that you can make a claim for medical negligence against a doctor to remedy birth defects until the child is five years old.
In medical malpractice cases, a plaintiff must prove that their healthcare provider was bound by a duty to provide them with the best quality of care. The plaintiff also needs to prove that the healthcare provider breached this duty by committing negligence or omission that caused the injury. The Atlanta birth injury lawyers at Miller Weisbrod Olesky will hire one or more expert medical witnesses to demonstrate that the healthcare professional's actions or inactions violated the standards of medical care.
The amount of damage that is awarded in a medical malpractice case is determined by the severity of the injuries and the extent to which they will affect the life of the victim and their family. This is why it's essential to seek out the help of an experienced birth injury lawyer. They can assist you in putting together a solid case to secure the compensation you are entitled to. They will also collect all the evidence and documents you need for your claim.