5 Killer Quora Answers On Atlanta Birth Injury Lawyers
Birth Injury Lawyers
For the majority of families birth is a joyous event. But sometimes, babies are born with severe injuries that require years of care and attention.
If the actions of a doctor, or inactions were below the medical standard of care and the birth injury that resulted caused damages, you may have grounds for a malpractice claim.
Medical Malpractice
Most births are healthy and happy, however doctors, nurses and other healthcare professionals may make mistakes. These errors can cause numerous serious injuries for mothers and their babies. In many cases, these mistakes are due to medical malpractice. Atlanta birth injury lawyers can help families make a claim to recover compensation from negligent medical professionals.
The first step is to establish that the doctor was bound by an obligation to the plaintiff. This obligation can be established through records, testimony from medical experts, or other evidence that proves the healthcare provider failed to adhere to the standards of care for their profession in a specific case. This standard could be set out in the laws and regulations that govern the healthcare industry or by professional institutions, such as medical boards.
Once this is done then the next step is to show that the violation of this duty of care resulted in an injury. This can be done in the event that the healthcare professional fails to treat the injury or takes other appropriate measures to avoid an injury.
A prime example of negligence is the physician's inability to order an emergency C-section while the mother's contractions were getting progressively stronger. In the event of a delay, it could lead to a negligent death.
Other examples of negligence could include a healthcare professional failing to properly monitor a baby's heart rate during labor or a doctor delivering an improper diagnosis of the mother's condition prior to the birth. In these cases doctors may not to inform parents of their options for treatment and the dangers involved.
When a child is born with a birth defect, the family may be burdened with many expenses including ongoing medical bills as well as compensation to cover the long-term effects. Atlanta birth injury lawyer ReShea Balams assists clients across Georgia to make medical professionals who are negligent accountable for their mistakes. She assists her clients in recovering compensation so they can cover their financial and emotional losses.
Birth Injuries
Not all births are without complications. Three out of every 100 births are associated with an injury to the birth. A lot of the injuries that are caused during labor and birth can be avoided, however many are the result of medical negligence. Our Atlanta birth injury lawyers can help determine the possibility that your child's birth injury was caused by medical malpractice during labor or delivery.
Birth injuries can be devastating for families, particularly when the condition affects their child for the remainder of their life. Fortunately, if your child's condition was the result of negligence on the part of a medical professional, atlanta birth injury Lawyer you may be entitled to compensation for future treatment, suffering and pain loss of wages, and other damages.
The term "birth injury" is broad in its definition and can refer to both emotional and physical trauma. Physical birth injuries can range anything from lacerations and bruising to skull fractures. Brain injuries can result from a lack of oxygen (hypoxic ischemic cerephalopathy), causing cerebral palsy or developmental delays. Spinal cord damage can also cause amputation or paralysis.
Emotional birth injuries are a result of post-traumatic disorder, as well as other psychological traumas resulting from a negligent or medically negligent birth. These types of injuries can be harder to quantify, but are just as important as physical birth injuries.
Many birth defects can be avoided by identifying the mother's risk factors for these problems before the pregnancy. Doctors can plan for possible complications, and provide preventive treatments, such as amniocentesis. If there is an existing genetic defect or disease, however, a physician cannot prevent the onset of symptoms, even if they identify them before the child's birth.
Despite the numerous tests performed during pregnancy, not all complications can be anticipated or prevented. The baby could sustain an injury to the skull due to the incorrect use of a delivery device or the excessive force used during delivery. This can lead to cerebral palsy and/or hypoxic-ischemic brain injury, 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 could have a negative impact on the family, not just physically but as well emotionally. The damages that are awarded in a lawsuit are intended to compensate the family for the losses. The amount of compensation depends on a variety of factors, such as the severity and nature of the injury and the impact it has had on the child's life.
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 are the cost of medical treatment, future health requirements, and other expenses. An attorney for birth injuries can help determine the past and future cost of injuries sustained by a child by working with experts and looking over medical records, doctor's recommendations, and expert opinions.
A birth injury lawyer will collaborate with medical and financial experts to create an Life Care Plan, which will take into consideration the consequences of a child's injury on their future. This can include the need for assistance devices, ongoing therapy or education interventions.
A lot of birth injury cases end in settlements rather than trials. A skilled birth injury attorney is well-versed in the medical procedures involved, as well as the local courts and Georgia juries, and can negotiate effectively on behalf of a family's behalf. If a settlement isn't reached, the lawyer will bring a lawsuit against medical negligence on behalf of the family and collect additional evidence via discovery. This could include sworn statements from witnesses.
Parents of children who are injured must keep detailed records, which include receipts, to support their legal claims. In the event that the documents are not kept they could be used to lower the value of a case or to reduce the amount given by an insurance company or a court. It is essential to speak with a lawyer with experience in medical malpractice cases and who is able to handle complicated cases involving birth injury. The lawyer's experience 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 mother-to-be, you depend on doctors and nurses to ensure that the birth of your child is as safe as can be. But, unfortunately healthcare professionals are human and mistakes happen. These errors can lead to serious injuries to the mother and child. When these injuries are due to medical negligence, the victim can take legal action.
A lawyer can look into the claim and determine who was at fault for the injuries your child sustained. They will then determine the amount of the damages you could recover which includes reimbursement for medical expenses and long-term health care needs.
It is essential to seek legal help right away. The statute of limitations is the longest amount of time you have to start legal actions. It starts with the date of the incident. If you do not meet the 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 cases involving minors is different. Georgia's Official Annotated Code 9-3-73 says that you can make a claim for medical negligence against a doctor who caused a birth defect until the child is five years old.
In medical malpractice cases, a plaintiff has to show that the healthcare provider owed a duty to them to provide the highest level care. The plaintiff must also show that the healthcare professional violated this duty through negligence, omission or other action which caused the injury. The Atlanta birth injury lawyers at Miller Weisbrod Olesky will hire one or more expert medical witnesses to prove that the healthcare professional's actions or inactions violated the standard of care.
The amount of damage that is granted in a medical malpractice case is determined by the severity of the injuries and the extent to which it affects the life of the victim and their family. It is important to seek the advice of an attorney for birth injuries who has experience. They can assist you to build a strong case and get the compensation you deserve. They will also collect all the necessary documents and evidence to prove your claim.