Birth Injury Attorneys - How to Spot Medical Malpractice
There are many risks and complications during labor and delivery. Medical professionals have a responsibility to adhere to national standards and guidelines. If they do not comply, it could cause birth injuries.
Children who suffer birth injuries could require medical care and treatment for the rest of their lives. A successful lawsuit could help parents obtain settlement funds to cover those expenses.
Medical Malpractice
The birth of a child is a joyful event. However it also poses certain risks to both the mother and child. Even the most experienced medical team is at risk of making mistakes during the process, and if those mistakes result in long-term consequences for families, they may be able to sue for medical malpractice. Our Atlanta birth injury lawyers are able to recognize these situations and how to help families get the financial compensation they deserve.
A successful medical malpractice claim requires proof that a doctor breached their duty of care by committing an act or omission which was not in accordance with from the norms of practice in the field of work. Often, these incidents involve the use of equipment, such as forceps or vacuum extractors. Our legal team will collaborate closely with medical experts to determine what standards of care have been violated and the connection between the injuries and this breach.
Our firm has a wealth of experience in these cases, and has fought for victims of medical malpractice for more than 25 years. We understand how to build solid cases that are able to withstand the aggressive defense tactics that hospitals and their insurance companies often employ in these cases. We also know how to provide compelling evidence that could convince juries and judges in favor of a plaintiff's case.
Our lawyers can assist with getting compensation for the victim's other losses, including suffering and pain. This includes damages that are not economic, like pain and suffering. Our lawyers can hire experts in economics and finance to estimate the losses of the victim and present convincing arguments regarding the amount of compensation a victim deserves.
Financial burdens can be enormous when birth injuries occur. Medical expenses can quickly become out of control and create a cycle stress, leaving families with no recourse. A successful claim can provide the funds needed to cover these rising costs and cover a child's regular treatment and therapy, as well as assistive devices, and other requirements.
Damages
When a doctor deviates from the guidelines of care and causes an injury during delivery the patient may be entitled to compensation. However, determining the amount of damages in these cases is usually a difficult task. This is because a myriad of factors can impact 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 as well as the severity of the parents' losses. The other factor is the existence of a breach of duty. This means that the defendant was owed by the victim the reasonable care standard and failed to uphold the standard. It must also be proven that the breach led to the birth injury, and that it would not have happened except for the error of the doctor.
There are a myriad of damages that can be awarded to victims of birth injuries, including economic and non-economic damages. Economic damages refer to the cost of treatments, medical care as well as any other services. Physical occupational, occupational, and even speech therapy could be included. Damages may also be awarded due to the loss of earning capacity in the future. This is crucial when an injury results in a disability which affects a child's ability in the future to perform certain jobs.
A reputable Atlanta birth injury lawyer can help victims understand their loss and legal options. They can carefully analyze the case to identify the parties at-fault including nurses, doctors and medical equipment manufacturers. They could also save and analyze medical records, ask the right questions, and take the legal steps required to ensure the rights of a victim.
A qualified Atlanta lawyer can assist victims in filing their claims prior to the deadline for filing claims that expires. The deadline is two years in Georgia for the majority of cases. However, the statute of limitations can be extended for minors who want to file on their own behalf. This is because of an amendment to the state's law. Kevin Race, a highly-experienced lawyer, spent 25 years fighting hospital malpractice claims. He now uses his expertise to assist families in obtaining the justice they deserve following an error made by a doctor.
Statute of Limitations
Legal claims that families may file after a child has suffered a birth injury can be complex. In some instances, birth injuries can cause wrongful deaths, and in other instances, they can cause lifelong disabilities, which can cost thousands of dollars per month for medical costs and other services. In either case a birth injury lawyer could help parents to obtain compensation.
A lawyer would examine the medical documents to determine if there was malpractice or negligence during the birth and labor. To make a convincing argument they could consult medical experts or interview witnesses. They will also take into consideration the consequences of a birth injury on the future of the family's financial stability.
Medical malpractice claims must be filed within a certain time period, also known as a statute of limitations. This time limit differs from state to state. It is important to consult with an experienced attorney in order to make sure that the claim is filed during the allowed window. The longer a lawyer waits to file a claim the more difficult it is to prove that a physician's negligence caused the injury.
The time frame for filing a claim can vary dependent on the kind of medical provider is being sued. For example, if the doctor or nurse is employed by a government-owned entity, such as a state-owned or military hospital, there is typically a different timeline for filing a claim because of the additional procedures that must be completed when suing a government facility.
There are some exceptions to the statute of limitations which differ by state. For example when a person is declared legally incompetent, then the majority of states will "toll" or suspend the statute of limitations until they are declared competent to submit a claim.
Additionally, there are some states that have laws limiting the amount of damages that can be awarded to victims of medical malpractice lawsuits. Georgia however, does not have any of these limitations and the state's supreme court ruled that caps on compensation violate a victim’s right to a jury trial.
It is therefore important to speak with an attorney for birth injuries as soon as you can. This will allow them to examine medical records, get expert testimony, and develop an timeline for filing a lawsuit prior to the statute expires.
Representation
It is a joyous time to have a child however, it can also be costly. Families that have been affected by medical malpractice that causes birth injuries are entitled to compensation for any additional costs and damages related to the child's condition. A skilled Atlanta birth injury Atlanta injury lawyer can assist families build their case and pursue an appropriate settlement to pay for all losses.
A plaintiff must prove that their doctor failed to provide the proper standard of medical care during a pregnancy or delivery in order to prevail on an action for medical negligence. This is typically proven by the expert testimony of doctors who have reviewed medical records and can give an insight into how an experienced doctor would handle a particular situation.
A victim may be eligible for financial compensation in the event that a medical professional breaches the standards of care, resulting in a birth injury. In the majority of cases, a birth trauma attorney will seek to settle the claim outside of court. However they are prepared to fight for their clients' rights should negotiations fail to yield an equitable settlement. Their experience and expertise in litigation can help them present an argument that is convincing in front of jurors and judges.
Dealing with the aftermath of a birth injury is emotionally and financially overwhelming for families. A committed Georgia birth injury lawyer will offer empathy and assistance throughout the legal process. They will do their best to obtain their client an equitable settlement that covers all of the victim's costs, including medical bills, ongoing needs for care and lost wages, pain, and suffering, and other damages.
Medical professionals are trained to keep pregnant mothers and their babies safe. However, they may overlook important warning signs and make mistakes during labor and delivery. When this occurs it could result in serious birth injuries. A skilled Atlanta birth injury lawyer will be able to comprehend the complicated nature of these cases and be able to argue for fair compensation for their clients. They have a track record of winning medical negligence claims and can effectively represent clients in negotiations with insurers and healthcare providers.