Birth Injury Attorneys - How to Spot Medical Malpractice
During labor and delivery, there are many dangers and complications. Medical professionals have a responsibility to follow national guidelines and standards. If they fail to comply, it could cause
Birth Injury Atlanta injuries.
Children who suffer birth injuries may require medical attention and treatment throughout their lives. A successful lawsuit can help parents secure settlement money to pay for these expenses.
Medical Malpractice
The birth of a child is a joyous occasion. However, it also comes with certain risks for both the mother and baby. Even the most skilled medical team is prone to making mistakes during this process, and if those mistakes result in long-term consequences for families, they may be the victim of medical malpractice. Our Atlanta birth injury lawyers know how to spot these cases and how to ensure families receive the financial compensation they deserve.
A successful medical malpractice lawsuit requires proof that the doctor did not fulfill their duty of care through an act or omission which was not in accordance with the standard practice of their field. These types of incidents typically involve the use of equipment by a doctor such as vacuum extractors or forceps. Our legal team will collaborate closely with medical experts to determine which standards of care were violated and the direct relationship between the injuries and this violation.
Our firm has a wealth of experience in these cases, and has fought for victims of medical malpractice for over 25 years. We know how to construct cases that are strong enough to withstand the aggressive tactics that hospitals and insurance companies often use in these claims. We also understand how to present convincing evidence that could convince juries and judges in the direction of a plaintiff's side.
Our lawyers can assist you in getting compensation for the victim's other losses, including pain and suffering. This includes non-economic losses like pain and discomfort. Our lawyers can hire experts in finance and economics to calculate a victim's losses and make convincing arguments to support the amount of compensation a victim deserves.
Financial burdens can be enormous when birth injuries occur. Medical costs can quickly spiral out of control and create a cycle of stress that leaves families with no recourse. A successful claim can give the financial resources needed to address these mounting expenses and cover a child's regular care therapy, therapy, assistive devices, and other necessities.
Damages
When a doctor deviates from the standard of care and causes injury during delivery the patient could be entitled to compensation. The determination of damages in these cases is a challenging task. This is because many variables can affect the final settlement amount.
The first factor is the severity of the birth injury. This includes both the degree to which the injury impacted the child's life and the magnitude of the parents suffering. The second factor to examine is whether there was a breach of obligation. The defendant owed a duty to the victim of reasonable care, however, they did not meet the standard. It must be shown that the breach caused the birth injury, and that it wouldn't have occurred if the doctor hadn't made the mistake.
In addition to economic damages, non-economic damages could be awarded. Economic damages include the cost of medical treatment, therapies as well as any other services. These can include occupational, physical, and speech therapy. Damages can also be awarded for loss of future earning potential. This is important when an injury results in disabilities that limit a child's ability in the future to perform certain tasks.
A skilled Atlanta birth injuries attorney could help victims understand their loss and legal options. They can review the case with care to identify the parties accountable, including doctors and nurses and medical equipment manufacturers. They can also save medical records, ask the correct questions and take legal action to ensure the rights of the victim.
A skilled Atlanta lawyer can assist victims with filing claims prior to the deadline for filing claims that expires. In Georgia the deadline is typically two years. The statute of limitations may be extended in situations where minors wish to file their own case. This is due to a law of the state provision. Kevin Race, a highly-experienced lawyer, has spent the last 25 years fighting hospital malpractice claims. He is now using his experience to help families get the justice they deserve following an error made by a doctor.
Statute of Limitations
The legal rights available to families after a child suffers an injury at birth are extremely complicated. In certain cases, the injuries result in an unjust death, while other lead to lifelong disabilities that can cost thousands of dollars per month for medical expenses and other services. In either case an experienced birth injury attorney could assist parents in seeking compensation.
A lawyer will examine medical documents to determine if there was malpractice or negligence during labor and delivery. They might consult medical experts and interview witnesses to build an argument that is strong. They should also take into account the consequences of the birth injury on a family in the future and their financial stability.
Statute of limitations is the period within which medical malpractice claims must be filed. This time limit differs from state to state. It is important to consult an experienced attorney to make sure that the claim is filed within the allowed window. The longer it takes an attorney to make a claim on medical malpractice, the more difficult it is to prove the negligence of a physician.
The timeframe for filing a claim varies according to the kind of medical care provider is being the subject of the lawsuit. If the doctor or nurse works for a government institution, such as a state-owned or military hospital, the timeframe to file a claim is different. This is because there are additional procedures to follow when suing government-owned facilities.
State-specific exemptions apply to the statute of limitation. Most states will "toll" or suspend, the statute of limitation when a person is declared legally incompetent.
Some states also limit the amount of damages that victims are entitled to in medical negligence cases. Georgia however, does not have any of these restrictions, and the state's supreme court declared that caps on compensation do not violate a victim's right to an open jury trial.
It is crucial to consult with a lawyer for birth injuries immediately. This will allow them to examine the medical records, request expert witness testimony, and establish an appropriate timetable to file a claim before the statute of limitations expires.
Representation
Being a parent is a joyful time, but it can also cost a lot. Families who have been impacted by medical negligence that results in birth injuries are entitled to compensation for the additional expenses and other damage related to their child's condition. A skilled
atlanta birth injury attorneys birth injury lawyer can help families develop their case and pursue an equitable settlement to cover all costs.
A plaintiff must show that their doctor failed to provide the proper standard of medical treatment during a pregnancy or delivery in order to be able to win an action for medical negligence. This is typically established through the testimony of experts who have reviewed medical records and provide an insight into how an experienced Obstetrician would handle a specific situation.
A victim can be awarded compensation when a medical professional fails to meet this standard of care, resulting in a birth injury.