3 Reasons Your Atlanta Birth Injury Lawyers Is Broken (And How To Fix It)
Birth Injury Lawyers
The majority of families consider childbirth to be a joyful occasion. But sometimes, babies are born with severe injuries that require years of special care and treatment.
You could be able to file a malpractice suit when a doctor's conduct, or the lack thereof was not up to the standard of medical treatment and the birth injury that resulted in the case caused damages.
Medical Malpractice
Most births are happy and healthy, but doctors, nurses and other healthcare professionals may make mistakes. These mistakes can cause serious injuries to babies and mothers. These mistakes are often the result of medical malpractice. Atlanta birth injury lawyers can assist families in filing claims for compensation against negligent healthcare providers.
The first step is to prove that the doctor owed the plaintiff an obligation of care. This obligation can be proven through medical expert testimony, or any other evidence to show that the healthcare provider did not adhere to the standard of their profession in the particular situation. This standard may come from the laws and regulations that govern the healthcare industry or set by professional institutions such as a medical board or independent regulatory agency.
The next step is to establish that the breach of duty of care resulted in an injury. This can be done by proving that the healthcare provider was unable to treat the injury or take other measures to prevent injury from happening.
One example of this type of negligence would be the physician's inability to order an emergency C-section while the mother's contractions were becoming more and more intense. The inability to act could result in an unintentional death.
Another instance of negligence is a healthcare professional who does not observe the baby's heartbeat while in labor or a doctor who diagnoses the mother's health wrongly prior to the birth. In these cases, the doctor may fail to inform parents about their options for treatment and the dangers involved.
When a child suffers an injury to their birth and their family is faced with a variety of expenses that include ongoing medical bills and compensation for the long-term consequences of the injuries. ReShea Balams, an Atlanta birth injury attorney, assists clients in Georgia to hold negligent doctors accountable for their errors. atlanta birth injury lawsuit helps her clients to obtain compensation for their emotional and financial loss.
Birth Injury
While many births are joyful occasions, not all are without complications. Three out of 100 births are accompanied by a serious birth injury. While not all injuries are preventable most of the ailments that arise during labor and birth result from medical negligence. Our Atlanta birth injury lawyers can help you identify whether your child's birth injury was the result of medical malpractice during labor and delivery.
Birth injuries can be a major issue for families, particularly when the condition is likely to affect the child's life. Fortunately, if your child's illness was the result of medical negligence and you are a victim, you could be entitled to compensation for future treatment, suffering and suffering as well as lost wages and other damages.
The term "birth injury" is broad in its definition and can include both emotional and physical trauma. Physical birth injuries can range everything from lacerations and bruises to skull fractures. Brain injuries can result from a lack of oxygen (hypoxic ischemic Encephalopathy) that can lead to cerebral palsy or developmental delays. Spinal cord damage can also cause amputation or paralysis.
Similarly, emotional birth injuries can include post-traumatic stress disorder and other psychological traumas resulting from a negligent medical birth. These types of injuries can be more difficult to quantify, but just as important 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 prepare for possible complications and offer preventive treatments like amniocentesis. Physicians cannot stop symptoms in cases of genetic defects or preexisting conditions, even if the doctor recognizes them before the birth of the child.
Despite the many tests performed during a pregnancy, not all problems can be anticipated or avoided. A baby may suffer a skull injury due to the incorrect use of a device for delivery or the excessive force used during delivery. This can lead to the complication of hypoxic-ischemic encephalopathy and/or cerebral palsy, and also the condition called Erb's palsy that causes damage to the nerves in the upper arm. This can cause weakness or paralysis of the limb.
Damages
If 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 in a lawsuit are designed to pay the family back for the losses. The amount of money awarded depends on a number of aspects, including the nature and severity of the injury and how it has affected the child's life quality.
A good Atlanta birth injury lawyer can help families calculate their losses that are usually comprised of non-economic and economic losses. Economic damages include the costs of medical treatment, future healthcare needs, and other expenses. A birth injury lawyer can assist in determining the future and past costs of injuries to a child by working closely with experts, examining medical records, doctor's recommendations, and expert opinions.
In addition to calculating the lifetime of medical expenses, a birth injury attorney will also work with financial and medical specialists to develop a Life Care Plan that accounts for the impact a child's injuries will impact their future. This could include the need for aid devices, ongoing therapy, and educational interventions.
Many birth injuries cases result in settlements, not trials. An experienced birth injury lawyer is well-versed in the medical procedures involved, local courts and Georgia juries, and can negotiate effectively on behalf of a family's behalf. However, if a settlement is not reached, a lawyer will file a medical malpractice lawsuit on behalf of the family and collect more evidence through discovery, which may include the sworn testimony of witnesses.
It is crucial that parents of children injured keep accurate records and receipts that support the claims they make in their legal case. Failure to keep these documents can diminish a case and diminish the amount given by a court or insurance company. For this reason, it is essential to speak with a lawyer who has an extensive background in medical malpractice law and who can handle complex cases with birth injuries. The experience of the lawyer will ensure that the hospital or doctor is accountable for their actions and that an equitable settlement is reached.
Statute of limitations
As a mother-to-be, you are dependent on nurses and doctors to ensure the birth of your child is as safe as it is. Unfortunately, healthcare professionals make mistakes. These mistakes can cause serious injuries to the mother and child. If the injuries are a result of medical negligence, victims could bring a lawsuit.
A lawyer can look into your claim and determine who is at fault for the child's injury. They can then determine the amount of the damages you could receive which includes reimbursement for medical expenses as well as long-term care requirements.
You should seek legal advice as soon as possible. The statute of limitations is the longest amount of time you have to begin legal proceedings. The clock starts at the date of the incident. If you fail to 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 statute of limitations for cases involving minors is different. Georgia's Official Annotated Code 9-3-73 says that you have until the child is five to bring a medical malpractice lawsuit against a doctor in the event of a birth injury.
In medical malpractice cases, a plaintiff must demonstrate that the healthcare provider owed an obligation to provide the highest level care. The plaintiff must also prove that the healthcare provider violated this duty by committing a negligent act or omission that led to 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 inaction violated the standards of care.
The amount of damages awarded in a medical malpractice case depends on the severity of the injuries and the extent to which they affects the life of the victim and their family. It is essential to seek the advice of a birth injury lawyer who is experienced. These attorneys can assist you in putting together a solid case to secure the compensation you deserve. They will also gather all the evidence and documents you need for your claim.