Birth Injury Attorneys - How to Spot Medical Malpractice
During labor and delivery there are a lot of dangers and complications. Medical professionals owe a duty to adhere to national standards and guidelines. If they do not comply, it could cause birth injuries.
Children who suffer birth injuries typically require ongoing medical treatment. A successful lawsuit can help parents obtain settlement funds to cover those expenses.
Medical Malpractice
A new baby entering the world is a momentous event, but it also poses a number of risks for both the mother and the child. Even the most skilled medical staff are prone to errors during this process. If these mistakes cause long-term consequences for the family, then they may have a medical malpractice claim. Our Atlanta birth injury lawyers know how to recognize these cases and how to get families the financial compensation they need.
A successful medical malpractice lawsuit requires proof that the doctor violated their duty of care with an act or omission which differed from the norms of their field. These incidents often involve the use of medical equipment such as vacuum extractors or forceps. Our legal team will collaborate with medical experts in order to establish what standards of care were breached and how the injuries directly relate to this breach of duty.
Our firm has extensive experience in these cases. We have been fighting for the victims of medical negligence for over 25 years. We understand how to build solid cases that are able to withstand the aggressive defense strategies that hospitals and their insurance companies frequently employ in these claims. We also know how to present convincing evidence that could convince juries and judges in the direction of a plaintiff's case.
In addition to securing compensation for future and past medical expenses related to the injury, our attorneys can help obtain compensation for other losses a victim has suffered. This includes noneconomic damages like discomfort and pain. Our lawyers can engage experts in economics and finance to determine the loss of the victim and then make convincing arguments regarding the amount of compensation that the victim is entitled to.
The financial burden associated with birth injuries can be a huge burden. Medical costs can quickly become out of control and create a cycle of stress, leaving families with no recourse. A successful claim will provide the funds needed to cover these growing costs and will also provide for the child's needs over time for therapy, assistive equipment and other necessities.
Damages
If a doctor violates the guidelines of care and results in an injury during delivery the patient may be eligible for compensation. The determination of damages in these cases is a challenging task. This is due to the fact that a variety of variables can affect the final settlement amount.
The first factor is the severity of the birth injury. This includes the impact of the injury on the child as well as the loss suffered by parents. Another aspect to examine is whether there was a breach of duty. This means that the defendant owed the victim the reasonable care standard and failed to uphold the standard. It must be established that the breach led to the birth injury, and that it wouldn't have occurred if the doctor hadn't committed the error.
In addition to the economic damages,
atlanta birth injury lawyer non-economic damages may be awarded. Economic damages could include the cost of medical treatments, therapies, and other necessary services. These can include occupational, physical and speech therapy. Damages can be awarded for loss of future earning capacity. This is a crucial consideration when an injury causes a disability that affects the child's capacity to perform certain jobs throughout their lives.
A qualified Atlanta birth injury lawyer could help victims understand the full scope of their losses as well as the legal options available to them. They could carefully review the case to identify any at-fault parties that could be involved including nurses, doctors and medical equipment manufacturers. They can also keep and analyze medical records, ask the appropriate questions and make the necessary legal steps to protect a victim's rights.
A skilled Atlanta injury lawyer might be able to assist victims claim their compensation before the statute of limitations expires. The deadline is two years in Georgia in the majority of cases. However, the time limit can be extended for minors who wish to file on their own behalf. This is because of an exemption in the state's law. Kevin Race, a highly-experienced lawyer, has spent the last 25 years defending hospital malpractice claims. He is now using his experience to help families get the compensation they deserve after an error made by a doctor.
Statute of Limitations
The legal options available to families after a child suffers a birth injury are highly complicated. In some instances birth injuries could result in wrongful deaths while in others, they can cause permanent disabilities that can cost thousands of dollars each month for medical costs and other services. In any case, a dedicated birth injury lawyer can assist parents seeking compensation.
A lawyer will review medical documents to determine if there was any malpractice or negligence during labor and delivery. They could consult with medical experts and speak with witnesses to construct an argument that is strong. They will also take into consideration the impact of birth injuries on the future, and a family's financial stability.
Statute of limitations is the period within which medical malpractice claims have to be made. The time limit for filing a claim varies from state to state, so it is important to speak with an experienced attorney to ensure that the claim is filed within the legal 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 differs according to the type of medical care provider is being accused of being sued. For example, if the nurse or doctor is employed by a government entity like an army hospital or a state-owned hospital, there is usually an additional time frame for filing a claim due to of the additional procedures that must be followed when suing a government facility.
There are some exceptions to the statute of limitations, which vary by state. For instance when a person has been declared legally incompetent, the majority of states will "toll" or suspend the statute of limitations until they are competent to file claims.
Additionally there are a few states that have laws that limit the amount of damages that can be awarded to victims of medical malpractice claims. However, Georgia does not have any of these limitations and the state's supreme court has ruled that limits on compensation violate the right of a victim to a trial by jury.
As a result it is imperative to discuss the details of your case with a seasoned birth injury attorney as soon as you can. This will enable them to review medical records, get expert testimony, and establish an outline of the timeline for filing a lawsuit before the statute runs out.
Representation
It's a wonderful time to have a child however, it can also be expensive. Families that have been affected by medical malpractice that results in birth injuries are entitled compensation for additional expenses as well as damages that are related to the child's condition. A skilled
atlanta birth injury lawyer (
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To be successful in a medical malpractice claim the plaintiff must prove that their doctor failed to provide the appropriate level of care during a given pregnancy and delivery.
