10 Things Everyone Hates About Atlanta Birth Injury Lawyers
Birth Injury Lawyers
Many families consider childbirth to be a joyful occasion. But sometimes babies are born with devastating injuries that require years of specialized care and treatment.
You may be able to file a malpractice suit if a doctor's actions, or lack of them, fell below the standard of medical care and the birth injury that resulted in the case caused damages.
Medical Malpractice
The majority of babies are happy and healthy, but sometimes doctors, nurses, and other healthcare professionals make mistakes. These errors can cause a variety of serious injuries to mothers and babies. In many instances, these errors result from medical negligence. Atlanta birth injury attorneys can help families file claims for compensation against negligent healthcare providers.
The first step is to establish that the doctor was bound by an obligation to the plaintiff. This obligation can be proved through records, medical expert testimony or any other evidence that proves the healthcare provider didn't adhere to the requirements of their profession in the specific instance. This standard may come from the laws and regulations governing the healthcare industry or be set by professional institutions like a medical board or independent regulatory agency.
After this is completed then the next step is to demonstrate that the breach of this duty of care caused an injury. This is possible when the healthcare provider fails to treat the injury or take other appropriate measures to avoid an injury.
This type of negligence can be shown by a doctor who fails to order an urgent C-section, even though the mother's contractions are getting stronger. This failure to act can cause the death of a patient who was not properly notified.
Another example of negligence is when a healthcare professional fails to check the baby's heartbeat during labor or a doctor who diagnoses the mother's health in error prior to the birth. In these cases doctors may not to inform parents of their treatment options and the risks involved.
If a child suffers an injury during birth the family could be faced with a variety of expenses, including continuing medical bills and compensation for the long-term effects of the injuries. ReShea Balams is an Atlanta birth injury lawyer, assists clients in Georgia to make negligent doctors accountable for their errors. She assists her clients in recovering compensation so they can pay for their emotional and financial loss.
Birth Injuries
There are some births that come with complications. Three out of every 100 births are followed by serious birth injuries. Many of the injuries that are caused during labor and birth are preventable, but many are the result of medical negligence. Our Atlanta birth injury lawyers can assist you to determine whether your child's birth injury was caused by medical negligence during labor and delivery.
Birth injuries can be a devastating experience to families, especially when the condition affects 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 injury" is broadly defined and can refer to both emotional and physical trauma. Physical birth injuries can range from skull fractures to bruises. Brain injuries can also result from a deficiency of oxygen (hypoxic ischemic encephalopathy) which can cause cerebral palsy or developmental delays. The damage to the spinal cord could cause amputation or paralysis.
Similar to emotional birth injuries, emotional birth injuries may include post-traumatic stress disorder and other psychological traumas that result from a negligent medical birth. atlanta birth injury lawsuit of birth injuries are more difficult to quantify, but they are just as serious.
By identifying the risk factors of the mother for these problems, many birth defects can be easily prevented. Doctors can be prepared for potential complications and provide preventive treatments like amniocentesis. If there is an inherited defect or a preexisting disease, however doctors are not able to prevent the onset of symptoms even if they identify them before the child's birth.
Despite the numerous tests performed during pregnancy, not every complication is easily predicted or avoided. For instance, a newborn could suffer from skull fractures due to an improper use of a birth tool or excessive force during the delivery process. This can lead to cerebral palsy or hypoxic-ischemic brain damage, as well as Erb's Palsy which is a condition that occurs when nerves in the upper arms are damaged, leading to weakness or paralysis.
Damages
When a child is born with a birth defect, it can have a negative effect on the family not only physically but also emotionally. The damages awarded to a family in a lawsuit are meant to compensate them for their losses. The amount of compensation awarded depends on several factors, such as the nature and severity of the injury as well as the impact it has had on the child's life.
A good Atlanta birth injury lawyer can assist families calculate their damages which typically consist of both economic and non-economic losses. Economic damages can include medical treatment costs as well as future requirements for care and other expenses. A birth injury lawyer can assist in determining the past and future costs of injuries to a child by working closely with experts, reviewing medical records, doctor's recommendations, and expert opinions.
In addition to calculating a lifetime of medical expenses, a birth injury attorney will also collaborate with medical and financial experts to develop a Life Care Plan that accounts for the impact that a child's injuries could impact their future. This can include the need for assistance devices, ongoing therapy or education programs.
Settlements are often reached in many birth injury cases, and not the trial. An experienced birth injury lawyer is well-versed in the medical procedures involved, the local courts and Georgia juries, and can negotiate effectively on a family's behalf. However, if a settlement is not reached, the attorney will file a medical malpractice lawsuit on behalf of the family. They will also collect more evidence through discovery, which can include witness testimony sworn by witnesses.
Parents of injured children should keep meticulous records, including receipts, to prove their legal claims. If the documents are not kept and used, they could be used to lower the value of a case or to reduce the amount awarded by an insurance company or court. It is important to consult an attorney with experience in medical malpractice cases and who is able to handle complicated cases involving birth injuries. The lawyer's experience will ensure that the hospital and the doctor are held accountable for their actions and that a fair resolution is reached.
Statute of Limitations
As a mother-to-be, it is your responsibility to trust your doctors and nurses to make sure your baby's birth is as safe as it is. Unfortunately healthcare professionals can make mistakes. These errors can cause serious injuries to both mother and child. If these injuries are the result of medical negligence, victims could bring a lawsuit.
An attorney can investigate the claim and determine who was at fault for your child's injury. They can also determine the amount of damages you may receive, including compensation for medical expenses and long-term needs.
It's important to seek legal assistance right away. The statute of limitation is the maximum time period you can start a lawsuit. The clock begins at the date of the incident. If you miss the deadline, your case may be dismissed.
For adults the statute of limitations for Georgia is two years from the date of injury. However, for cases involving children the statute of limitations is different. Georgia's Official Annotated Code 9-3-73 states that you can file a medical negligence lawsuit against a doctor to remedy birth defects until the child reaches age 5.
In medical malpractice cases, a plaintiff must show that their healthcare provider owed them an obligation to provide them with the best level of care. The plaintiff must also prove that the healthcare provider violated this obligation by committing an act of negligence or omission that led to the injury. The Atlanta birth injury lawyers at Miller Weisbrod Olesky will hire one or more medical experts to prove that the healthcare professional's actions or inactions 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 they affects the life of the victim and their family. It is crucial to seek the advice of an attorney who has experience. These lawyers can help you make a convincing case and receive the compensation you are due. They will also gather all the required documents and details to prove your claim.