5 Killer Quora Answers To Atlanta Birth Injury Lawyers
Birth Injury Lawyers
The majority of families consider childbirth to be a joyous moment. But sometimes babies are born with horrific injuries that require a lifetime of care and attention.
If the actions of a doctor or inactions were below the medical standard of care, and the resulting birth injury caused damages, you may be able to file an action for malpractice.
Medical Malpractice
Most births are healthy and happy, however doctors, nurses and other healthcare professionals may make mistakes. These errors can cause a variety of serious injuries to mothers and their babies. These errors are often the result of medical malpractice. Atlanta birth injury lawyers can help families make claims for compensation against negligent medical professionals.
The first step is establishing that the doctor owed an obligation to the plaintiff. This obligation can be proven through medical expert testimony or any other evidence to show that the healthcare provider did not follow the standards of their field in the particular situation. This standard may be laid out in the laws and regulations that regulate the healthcare industry or professional institutions, like medical boards.
The next step is to prove that the breach of duty of care resulted in an injury. This is done when the healthcare provider is unable to treat the injury or other measures to prevent injury.
A prime example of negligence is the physician's inability to order an emergency C-section when the mother's contractions became progressively stronger. This failure to act can lead to the death of a patient who was not properly notified.
Another example of negligence is when a healthcare professional fails to monitor the baby's heartbeat during labor or an expert who diagnoses the mother's health incorrectly before the birth. In these instances the doctor might not to inform parents about their options for treatment and the dangers that are involved.
If a child suffers an injury to their birth the family could be left with a significant amount of costs, including ongoing medical bills and compensation for the long-term consequences of the injuries. Atlanta birth injury lawyer ReShea Balams works with clients across Georgia to hold negligent medical professionals accountable for their mistakes. She helps her clients recover compensation so they can pay for their emotional and financial losses.
Birth Injuries
There are some births that come with complications. Three out of every 100 births are followed by an injury to the birth. While not all injuries are preventable, many of the conditions that arise during labor and delivery are due to medical negligence. Our Atlanta birth injury lawyers can assist you to identify whether your child's birth injury was caused by medical malpractice during labor or delivery.
Birth injuries can be a devastating experience for families, particularly when the condition will affect their child for the duration of his or her life. If your child's condition was the result of medical negligence or a medical error, you may be entitled to compensation for the future treatment or suffering and pain as well as lost wages and other damages.
The term "birth injury" is broad and may include physical and emotional trauma. Physical birth injuries cover everything from skull fractures to bruises. Brain injuries can also be caused by a lack oxygen (hypoxic ischemic Encephalopathy), causing cerebral palsy or developmental delays. They can also include spinal cord injuries which could lead to paralysis or amputation.
Similar to emotional birth injury atlanta injuries, emotional birth injuries can include post-traumatic stress disorder and other psychological trauma stemming from a negligent medical birth. These kinds of birth injuries are more difficult to quantify, but they can be equally severe.
By identifying the risk factors that could be a contributing factor to the mother who is at risk for these issues Birth defects can easily be prevented. Doctors can then plan for potential complications and carry out preventive procedures, like an amniocentesis. A physician cannot prevent symptoms that are caused by genetic defects or preexisting conditions, even if the doctor has identified them prior to the birth of the baby.
Despite the many tests conducted during pregnancy, not all problems can be anticipated or avoided. A baby may suffer a skull injury due to the incorrect use of a delivery device or excessive force applied during the delivery. This could lead to the development of hypoxic-ischemic brain encephalopathy and/or cerebral palsy and also the condition called Erb's palsy, which involves damage to the nerves in the upper arm. This may cause weakness or paralysis of the leg.
Damages
When a child is born with a birth defect, it can 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 compensation awarded depends on a number of aspects, including the nature and severity of the injury as well as how it has impacted the child's quality of life.
A good Atlanta birth injury lawyer can assist families calculate their losses, which are typically comprised of economic and non-economic losses. Economic damages can include medical costs and future medical requirements and other costs. A birth injury lawyer can assist in determining the future and past costs of injuries to a child by working closely with experts, 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 work with medical and financial experts to create a Life Care Plan that accounts for the impact a child's injuries will affect their future. This can include the need for aid devices, ongoing therapy or education interventions.
Settlements are usually reached in many birth injury cases, but not the trial. An experienced birth injury lawyer is familiar with the medicine involved, as well as the local courts and Georgia juries and Atlanta birth injury lawyer is able to negotiate effectively on behalf of a family's behalf. If a settlement is not reached, the lawyer will file a lawsuit for medical negligence on behalf of the family and collect additional evidence through discovery. This includes sworn testimonies from witnesses.
Parents of children who have been injured should keep detailed records, which include receipts, in order to support their legal claims. If the records are not maintained and used, they could be used to decrease the value of a case or to reduce the amount paid by an insurance firm or a court. It is essential to speak with an attorney who has experience in medical malpractice cases, and who can handle complicated cases involving birth injury. The lawyer's expertise will ensure that the doctor or hospital is held accountable for their actions and ensure that an equitable settlement is reached.
Statute of limitations
As a mom-to-be, you depend on doctors and nurses to make sure the birth of your child is as safe as can be. But, unfortunately healthcare professionals are human, and mistakes can happen. These mistakes can result in serious injuries to the mother and child. If the injuries are the result of medical negligence, the victims could bring a lawsuit.
A lawyer can investigate the claim and determine who is responsible for the injuries your child sustained. They can then determine the amount of the damages you are able to receive which includes compensation for your medical expenses and long-term health care needs.
You should seek legal advice as soon as possible. The statute of limitations is the most time-bound amount of time you are allowed to initiate legal actions. The clock begins at the date of the incident. If you miss the deadline, your case could be dismissed.
For adults the statute of limitations in Georgia is two years from the date of the injury. The statute of limitations for minors' cases is different. Georgia's Official Annotated Code 9-3-73 provides that you have until your child reaches five years old to file a medical malpractice lawsuit against a doctor for birth injuries.
In medical malpractice cases a plaintiff must prove that the healthcare provider was under a duty to them to provide the highest level treatment. The plaintiff must also prove that the healthcare provider breached this duty by committing a negligent act, omission or other action which caused the injury. The atlanta birth injury attorneys birth injury lawyers at Miller Weisbrod Olesky will hire one or more medical experts to show that the healthcare professional's actions or inaction violated the standards of medical care.
The amount of damages that is awarded in a medical negligence case is contingent upon the severity of the injuries and the extent to which it affects the life of the victim and their family. It is essential to seek the assistance of a birth injury lawyer who has experience. These lawyers can help you build a strong case and receive the compensation you deserve. They will also gather all the required documents and details to prove your claim.