Atlanta Birth Injury Attorneys: A Simple Definition
Atlanta Birth Injury Attorneys
A serious birth injury can dramatically impact a family's life. Injuries that are caused by medical negligence can result in medical expenses loss of income, disability, as well as pain and suffering.
A birth injury lawsuit could be filed against healthcare professionals and hospitals, as well as equipment makers. An Atlanta birth injury attorney will examine your case and determine whether you may be entitled to compensation.
OB/GYNs
Ob/GYNs are specialists in the care of women who are pregnant. Their work can be extremely rewarding, but also stressful due to births being complicated and sometimes things be a mess. Therefore, it is crucial that OB/GYNs stay up-to-date with the latest medical research and are ready to handle various situations.
In addition to the extensive education requirements, OB-GYNs have to complete a residency before they can practice. The training they receive during their residency is essential. If an OB/GYN makes a mistake in the course of his or his duties, resulting in an injury to a baby or any other injury, he or she could be held accountable.
A birth injury claim could be based on any type of negligence committed during the birth process by healthcare professionals, such as failure to meet the standard care that a reasonable healthcare professional would have offered in similar circumstances. Based on the specific circumstances that led to the birth injury, an Atlanta birth injury lawyer will review the case to determine if medical malpractice occurred and, if so the healthcare professional who was responsible.
Birth injuries that are serious can have a lasting impact on a child's quality of life. They can hinder the ability to move and speak, as well as learn and function and that's why it's important to hold healthcare professionals accountable when they commit errors during the birth process. Our experienced Atlanta birth injury lawyers can consult with medical experts who will provide testimony to help your case.
Based on the extent of your child's birth injury, you may be entitled to compensation for lost earning potential, medical expenses as well as pain and suffering and more. Our Atlanta birth injury lawyers can help you get every penny you're owed.
Under Georgia law the statute of limitations outlines the time frame you must file a legal lawsuit. However, there are exceptions to the statute of limitations, for instance the discovery rule which extends the deadline based upon when you were aware or ought to have been aware of your child's birth injury. The earlier you engage an attorney for birth injuries in Atlanta the better chances you have of obtaining the justice you deserve.
Hospitals
There are a myriad of things that could be wrong during labor, pregnancy, and delivery. These situations can result in birth injuries if they are caused by medical negligence. This can change the life of a family for the rest of their lives. A claim can include both economic and other damages dependent on the extent of the injury. Economic damages can include hospital expenses as well as prescriptions and therapy costs, as well as lost wages. Non-economic damages include the emotional, mental, and physical pain that the family suffers because of the birth injury.
Despite the best efforts of nurses, doctors and other medical professionals it is still possible that a patient may be the victim of a preventable birth injury. This is the reason hospitals must adhere to certain standards of care. If a doctor does not meet the standards of care, it's considered medical malpractice.
For example doctors might not react quickly enough when the baby's heart rate decreases or use the wrong medication. They may also use the incorrect forceps or vacuum to deliver the baby or make an error. A birth injury lawsuit can be filed when any of these errors cause permanent damage.
A majority of these claims are filed against the liable healthcare provider's insurance company. It is important to hire a lawyer who has expertise working with insurance companies. They can assist you to negotiate a settlement that will cover all of your damages.
Premature birth cases - Babies born before 37 weeks are more likely to suffer serious birth injuries due to their immature brains, muscles, and organs. The sad truth is that Atlanta's preterm birth rate is the most high in the nation and earned it an "F" grade from March of Dimes.
Cerebral palsy - This class of disorders affects coordination and motor skills. It is often caused by oxygen deprivation at birth and may be due to the doctor not performing C-sections, using excessive force during delivery or not observing the mother for signs of distress.
Manufacturers of Equipment
Birth injuries can happen if a medical device does not perform as it should, or if equipment in the hospital is damaged during the delivery. It could be due to manufacturing issues or an issue with the device itself, a lawsuit could be filed against the manufacturer for the damages you and your child might be entitled to. Our Atlanta birth injury attorneys understand how to assess these instances and determine the best solution.
It is essential to employ an attorney who is knowledgeable about not only Georgia law as well as the local courts and juries. In the event of a birth injury, there are several parties that can be held responsible, including doctors and nurses hospitals, as well as equipment manufacturers. Our birth injury lawyers will evaluate all the circumstances to determine the parties who are responsible.
Medical malpractice claims can be filed against any healthcare provider that violated their duty of care to a patient, which led to the death or injury of a patient. AccidentInjuryLawyers includes nurses, doctors and Obstetricians. It also includes hospitals, pediatricians and midwives. Our Atlanta birth injury lawyers will investigate your case and determine who is accountable for the injuries your child suffered. They will then help you receive the compensation that you are entitled to.
One of the most common types of birth injuries is the deprivation of oxygen during labor and birth. This can lead to brain damage and cerebral paralysis. It is crucial that your doctor responds swiftly to any signs of fetal stress.
It can also be a case of medical malpractice if the doctor does not communicate properly with the other members of the team supporting you throughout the birth process and something "slips through the cracks."
The value of your claim consists of a variety of elements, most importantly economic and non-economic damages. Economic damages are a combination of the past, future, and current medical expenses therapies, prescriptions, lost wages, when you were unable to work due to injuries suffered by your child and other economic losses. Non-economic damages are those resulting from your child's suffering and pain and loss of enjoyment of life, mental distress and other intangible losses. Our Atlanta birth injury lawyers know how to determine the damages you have suffered and will fight hard against the insurance company to ensure that you get fair compensation. In certain circumstances, punitive damages or exemplary damages can be awarded if the actions of the party responsible were reckless or negligent or malicious, whether intentionally or not.
Attorney Lindsey McKay
If a doctor, nurse or other medical professional is mistaken during childbirth, it may cause serious injuries that can affect the baby's health throughout his life and growth. The child who is injured may require long-term care that could result in significant financial burdens for the family. If the mistake was the result of negligence an injury to the baby was caused by negligence, a birth injury lawsuit can be filed to recover compensation for these costs.
A legal action against a negligent healthcare professional demands proof of several elements. First the medical professional must be bound by a duty of care to the mother and child during labor, and delivery. This means that they must adhere to the national guidelines and standards. The next element is causation, which means that the breach of the doctor's obligation directly caused the birth injury. Expert testimony is typically required to prove this.
Another important element is damages. The plaintiff must have suffered losses that are compensable due to the injury, such as lost income, the expense of continuing treatment and therapy, and emotional anguish. Damages for punitive or exemplary nature can be awarded in situations when the healthcare professional responsible for the injury's behavior is particularly infuriating or outrageous.
It is important to seek out an Atlanta birth injury lawyer as soon as you realize that your child's injuries are the result of an error in medical care. Your attorney can help you determine if there was negligence, and if so, what kind. They can also explain to you the steps to follow in order to file a lawsuit for birth injuries and seek justice for the injury to your child.
Lindsey McKay has the resources and dedication to get maximum compensation for her clients. She is able to communicate with clients on a personal basis and make complicated legal proceedings understandable. This allows her clients to navigate the legal system with confidence. She will be your advocate and advocate every step of the process from gathering evidence to negotiations with insurance companies.