Birth Injury Attorneys - How to Spot Medical Malpractice
During labor and birth there are a lot of dangers and complications. Medical professionals have a duty to follow national standards and guidelines. When they fail to follow these guidelines, it could lead to birth injuries.
Children with birth injuries often require ongoing medical treatment. A successful lawsuit could assist parents to obtain settlement money to pay for these expenses.
Medical Malpractice
The birth of a child is a joyful event. However, it also comes with certain risks to both the mother and baby. Even the most experienced medical team is susceptible to making mistakes during this process, and if those mistakes have long-term consequences for the family, they could be the victim of medical malpractice. Our
Atlanta birth injury lawyers are able to recognize these instances and how to help families get the financial compensation they deserve.
A successful medical malpractice claim requires proof that a doctor breached their obligation of care when committing an act or omission that deviated from the standard of practice in his or her profession. These cases typically involve the use of medical equipment such as vacuum extractors or forceps. Our legal team will collaborate with medical experts to establish what standards of care were not met and how the injuries directly relate to the breach of duty.
Our firm has a wealth of experience in these cases, having been fighting for the victims of medical negligence for more than 25 years. We know how to construct cases that are strong enough to withstand the abrasive tactics that insurance companies and hospitals frequently employ in these cases. We know how to present evidence that will sway judges and juries in favor of the plaintiff's side.
In addition to obtaining compensation for past and future medical expenses related to the injury, our lawyers can help obtain damages for any other losses that a victim has suffered. This includes damages that are not economic, such as pain and suffering. Our lawyers can hire economic and financial experts to estimate the losses of a victim and present convincing arguments to support the amount of compensation a victim is entitled to.
Financial burdens can be huge when birth injuries happen. Medical costs can quickly spiral out of control and create a cycle stress,
Atlanta birth injury lawyers leaving families with no recourse. A successful claim will provide the funds needed to cover these mounting costs and will also provide for the children's ongoing needs, such as therapy, assistive equipment,
atlanta Birth Injury lawyers and other necessities.
Damages
A victim may be entitled to compensation if a doctor does not meet the standard of care during delivery and causes injury. However, determining the amount of damages in these cases is often an extremely difficult process. This is because there are many factors that could impact the final settlement amount.
First, the severity of the injury that occurred at birth. This includes the effect of the injury on the child and the losses suffered by the parents. The second factor to consider is whether there was a breach of responsibility. The defendant was bound to the victim of reasonable care, however, they failed to meet the requirements of this standard. It must also be proven that the breach contributed to the birth injury, and that it would not have occurred except for the error of the doctor.
There are a variety of damages that could be given to the victims of birth injuries, which include non-economic and economic damages. Economic damages may include the cost of medical treatments or therapies, as well as other services that are required. These can include occupational, physical, and speech therapy. Damages may also be awarded due to the loss of future earning capacity. This is a significant aspect to consider when an injury leads to disabilities that limit the child's ability to do certain occupations in life.
A skilled Atlanta birth injuries lawyer could help victims better understand their losses and legal options. They should carefully examine the case to identify the parties at-fault such as doctors, nurses and medical equipment manufacturers. They can also save medical records, ask the correct questions, and take legal steps to protect the victim's rights.
A skilled Atlanta injury attorney could also assist victims with filing claims before the statute of limitation expiring. In Georgia the time frame is usually two years. The time limit for filing a case can be extended in cases where minors are able to pursue their own case. This is because of a provision in the law of the state. Kevin Race is a highly skilled lawyer who spent more than 25 years fighting hospitals against malpractice claims. He now uses his skills to assist families in obtaining the compensation they need 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 lead to wrongful deaths, while in other cases they can result in lifelong disabilities, which can cost thousands of dollars each month for medical expenses and other services. In either situation, a specialized birth injury lawyer could assist parents in seeking compensation.
A lawyer will review medical documents to determine if there was any malpractice or negligence during labor and delivery. They might consult experts in the field and interview witnesses to build an evidence-based case. They would also consider the consequences of a birth injury on the future of the family's financial stability.
Medical malpractice claims must be filed within a specified time period, referred to as a statute of limitations. The time limit for filing a claim varies from state to state, and it is essential to consult an experienced attorney to ensure the claim is filed within the allowed window. The longer it takes for an attorney to file a claim for a medical malpractice, the harder it is to prove the negligence of a physician.
The timeframe to file an action also varies based on the kind of medical care provider being the subject of the lawsuit. For instance, if a nurse or doctor is employed by a government-owned entity, such as an army hospital or a state-owned hospital, then there is usually a different timeframe for filing a claim because of the additional procedures to be followed when suing a government institution.
State-specific exceptions apply to the statute of limitation. For instance when an individual has been declared legally incompetent, the majority of states will "toll" or suspend the statute of limitations until they are competent to make an action.
Certain states also restrict the amount of damages victims are entitled to in medical malpractice cases. However, Georgia does not have any of these limitations, and the state supreme court has ruled that limits on compensation infringe on the right of a patient to a trial by jury.
In this regard it is essential to discuss the specifics of your case with a knowledgeable birth injury lawyer as quickly as you can. This will allow them to look over the medical records, get expert witness testimony, and create a timetable for filing a claim before the statute of limitations runs out.
Representation
It is a joyous time to have a child, but it can be expensive. Families that have been affected by medical malpractice that results in birth injuries are entitled compensation for the additional costs as well as damages that are related to the child's health. A knowledgeable
Atlanta birth injury lawyer can assist families establish their case and negotiate an appropriate settlement to pay for all losses.