15 Surprising Stats About Atlanta Birth Injury Lawyers
Birth Injury Lawyers
For most families birth is a joyous moment. But occasionally babies are born with devastating 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 birth injury caused damage, you could have grounds for an action for malpractice.
Medical Malpractice
The majority of births are happy and healthy, but nurses, doctors and other healthcare professionals are prone to make mistakes. These errors can cause numerous serious injuries for mothers and infants. In many cases, these mistakes are due to medical malpractice. atlanta birth injury lawyer can help families to file an action to recover compensation from negligent medical professionals.
The first step is to prove that the doctor was obligated to the plaintiff the duty of care. 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 instance. This standard may come from the laws and regulations governing the healthcare industry or set by professional institutions like medical boards or an independent regulatory agency.
Once this is accomplished after that, the next step is to demonstrate that the breach of this obligation of care led to an injury. This can be done by establishing that the healthcare provider failed to treat the injury or take any other appropriate steps to prevent injury from occurring.
This type of carelessness can be shown by a doctor who fails to recommend an urgent C-section even though the mother's contractions are becoming stronger. In the event of a delay, it could lead to a wrongful death.
Other instances of negligence could include the healthcare professional's failure to properly monitor a baby's heart rate during labor or a doctor who makes an improper diagnosis of the mother's condition prior to the birth. In these instances, a doctor may not inform parents of their choices for treatment options and the risks associated with those treatments.
When a child is born with a birth defect, the family may be burdened with a lot of expenses including ongoing medical bills and compensation to pay for the long-term consequences. Atlanta birth injury lawyer ReShea Balams works with clients across Georgia to hold negligent medical professionals accountable for their mistakes. She helps her clients to recover compensation for their emotional and financial loss.
Birth Injury
While many births are joyful occasions, not all births are free of complications. In fact, three out of every 100 births are associated with a serious birth injury. Although there are many injuries that could be prevented most of the ailments that occur during labor and birth are due to medical negligence. Our Atlanta birth injury lawyers can help determine whether your child's birth injury was caused by medical negligence during labor and delivery.
Birth injuries can be a devastating experience for families, particularly when the condition will affect their child for the rest of his or her life. If your child's illness is a result of medical negligence, then you could be entitled to compensation for future treatment as well as suffering, pain, loss of wages, and any other damages.
The term "birth injuries" is used in broad terms and could refer to both psychological and physical trauma. Physical birth injuries can range anything from bruising and lacerations to skull fractures. Brain injuries can result from a lack of oxygen (hypoxic ischemic Encephalopathy) that can lead to cerebral palsy or developmental delays. They may also be caused by spinal cord damage that can cause paralysis or even amputation.
Similar to emotional birth injuries, emotional birth injuries can include post-traumatic stress disorder and other psychological traumas resulting from a medically negligent birth. These kinds of injuries can be difficult to quantify, but just as important as a physical birth injury.
By identifying the risk factors for the mother who is at risk for these issues, many birth defects can be easily prevented. Doctors can then prepare for any potential problems and provide preventive treatments, such as an amniocentesis. In cases of an inherited defect or a preexisting disease, however doctors cannot stop the onset of symptoms, even if they recognize them before the child's birth.
Despite the many tests conducted during a pregnancy, not all complications are easily detected or avoided. A baby may suffer a skull injury due to the wrong use of a delivery device or excessive force applied during the delivery. This could result in cerebral palsy and/or hypoxic-ischemic brain injury, as well as Erb's palsy which is a condition that occurs when nerves in the upper arms are damaged, causing weakness or paralysis.
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 damages that are awarded in a lawsuit are meant to pay the family back for these losses. The amount of compensation awarded is contingent upon a variety of factors, including the nature and severity of the injury as well as how it has affected the child's life quality.
A reputable Atlanta birth injury lawyer can assist families calculate their damages, which are typically comprised of both economic and non-economic losses. Economic damages refer to the cost of medical treatment, future care requirements, and other expenses. An attorney who specializes in birth injuries can help determine the past and future cost of a child's injuries through working with experts and reviewing medical records, doctor's advice, and expert opinions.
An attorney for birth injuries will work with financial and medical experts to create a Life Care Plan, which will consider the impact of a child's injuries on their future. This could include the requirement for assistive devices, therapy sessions on a regular basis education, as well as other related expenses.
Many birth injuries cases result in settlements instead of trials. A skilled birth injury attorney is well-versed in the medical procedures involved, as well as the local courts and Georgia juries and is able to negotiate efficiently on behalf of a family's behalf. If a settlement is not reached, a lawyer will start a lawsuit for medical malpractice on behalf of the family. They will also gather more evidence through discovery, which includes the sworn testimony of witnesses.
Parents of injured children should keep meticulous records, including receipts, to support their legal claims. In the event that these documents are not kept they could be used to reduce the value of a case or to reduce the amount given by an insurance company or court. It is important to consult a lawyer with expertise in medical malpractice cases, and who can handle complicated cases involving birth injuries. The experience of the lawyer will ensure that the doctor and hospital are accountable for their actions, and that a fair settlement is reached.
Statute of limitations
As a mother-to-be, you are dependent on nurses and doctors to make sure the birth of your child is as secure as it can be. Unfortunately healthcare professionals make mistakes. These errors can cause serious injuries to both mother and child. If the injuries are caused by medical negligence, the victim may pursue legal action.
A lawyer can investigate your claim and determine who's responsible for the child's injuries. They will determine the amount of damages you could receive, including compensation for medical expenses and long-term needs.
You should seek legal advice as soon as you are able to. The statute of limitations is the time limit for when you are required to bring a lawsuit. The clock starts at the date of the incident. If you do not meet this deadline, your case may be dismissed.
Georgia's statute of limitations is 2 years for adults starting from the date of the injury. However, for cases with children the statute of limitation is different. Georgia's Official Annotated Code 9-3-73 states that you have until your child is five to make a claim for medical malpractice against a doctor in the event of a birth injury.
In medical malpractice cases, the plaintiff must show that their healthcare provider owed them an obligation to provide them with the best quality of care. The plaintiff must also demonstrate that the healthcare provider breached this duty by engaging in 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 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 case of medical negligence is contingent on the degree and severity of the injuries, as well as how they impact the life of the victim as well as the lives of their families. It is essential to seek out the help of an attorney for birth injuries who is experienced. These attorneys can assist you in constructing a strong claim to receive the compensation you are entitled to. They can also collect all the documents and evidence you need for your claim.