Birth Injury Attorneys – How to Spot Medical Malpractice
During labor and birth there are a lot of risks and complications. Medical professionals are required to adhere to the national standards and guidelines. If they do not birth injuries can occur.
Children who suffer birth injuries typically require ongoing medical treatment. A successful lawsuit could help parents secure settlement money to pay for these expenses.
Medical Malpractice
The birth of a baby is a happy time. However, it also comes with certain risks for both the mother and the baby. Even the most knowledgeable medical team is prone to making mistakes during the process and if the mistakes have long-term consequences for a family, they may be able to sue for medical negligence. Our Atlanta birth injury lawyers know how to recognize these instances and how to help families get the financial compensation they deserve.
A successful medical malpractice case requires proof that the doctor did not fulfill their duty of care with an act or omission which deviated from standard practice in their field of. Typically, these incidents involve a physician’s use of equipment, such as vacuum extractors or forceps. Our legal team will work closely with medical experts to determine which standards of care were violated and the connection between the injuries and the violation.
Our firm has a wealth of experience in these cases. We have been fighting for victims of medical negligence for over 25 years. We understand how to build strong cases that stand up to the aggressive defense tactics that hospitals and their insurance companies frequently employ in these cases. We also know how to present convincing evidence that can sway juries and judges in favor of a plaintiff’s position.
Our lawyers can assist with securing damages for other losses, including pain and suffering. This includes non-economic damages, such as pain and suffering. Our lawyers can hire experts in finance and economics to estimate the losses of the victim, and make persuasive arguments regarding the amount of compensation that the victim is entitled to.
Financial burdens can be huge when birth injuries occur. The medical expenses can become overwhelming and create an unending cycle of stress that can leave families with no place to turn. A successful claim will offer the financial resources needed to cover these mounting costs and will also provide for the children’s ongoing needs, such as therapy, assistive equipment and other necessities.
Damages
When a doctor deviates from the standards of care and causes an injury during the delivery the patient could be eligible for compensation. However, determining damages in these cases is often an arduous task. This is due to the fact that a variety of factors can impact the final settlement amount.
First, the severity of the injury at birth. This includes both the degree to which the injury has affected the child’s development as well as the severity of the parents’ losses. The other aspect to examine is whether there was a breach of duty. This means that the defendant was owed by the victim the duty of reasonable care and failed to meet the requirements. It must also be established that the breach led to the birth injury and that it would not have occurred without the error of the doctor.
In addition to the economic damages, non-economic damages can also be awarded. Economic damages could include the cost of medical treatment or therapies, as well as other services that are required. These can include physical, occupational, and speech therapy. Damages can also be repaid in the event of a loss in future earning potential. This is important when an injury causes disabilities that limit the ability of a child in the future to do certain jobs.
A reputable Atlanta birth injury lawyer can help victims comprehend the full scope of their losses and the legal options available to them. They can review the case in detail to determine all parties that may be accountable including doctors and nurses and medical equipment manufacturers. They could also save and analyze medical records, ask the appropriate questions and make the necessary legal steps to protect a victim’s rights.
A qualified Atlanta injury lawyer might be able to assist victims to file their claims before the statute of limitations expires. This deadline is two years in Georgia for the majority of cases. However, the time limit 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, has spent over 25 years defending hospital malpractice claims. Kevin Race now employs his expertise to assist families in obtaining the money they need following an error made by a doctor.
Statute of limitations
The legal options available to families when a child is injured an injury at birth are extremely complex. In some instances, birth injuries can lead to wrongful deaths, and in other instances they can result in permanent disabilities, which could cost thousands of dollars per month for medical expenses and other services. In any case an experienced birth injury attorney could help parents seek compensation.
A lawyer would review the medical records to determine if there was any malpractice or negligence during labor and delivery. To make a convincing argument they could consult medical experts or interview witnesses. They will take into consideration the impact of the birth injury on the family’s future and their financial stability.
Medical malpractice claims must be filed within a specific time period, also known as a statute of limitations. The time limit for filing a claim varies from state to state, and it’s important to speak with an experienced attorney to ensure that 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 doctor.
The time frame for filing an action also varies based on the kind of medical care provider being accused of being sued. If the nurse or doctor is employed by a government-owned institution like 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 institutions.
State-specific exemptions apply to the statute of limitation. For example the case where a person is declared legally incompetent, then most states will “toll” or pause the statute of limitations until they are competent to submit claims.
Some states also limit the amount of compensation that victims are entitled to in medical malpractice cases. Georgia, however, is not subject to any of these limitations and the state’s highest court has ruled that compensation caps violate a victim’s right to the right to a jury trial.
It is therefore important to speak with a lawyer for birth injuries as soon as you can. This will allow them to review medical records, get expert testimony, and develop an timeline to file a lawsuit before the statute expires.
Representation
The birth of a child is a joyous moment however, it can cost a lot. Families who have been impacted by medical malpractice that leads to birth injuries are entitled compensation for the additional costs as well as damages that are related to the child’s condition. A skilled Atlanta birth injury lawyer can assist families develop their case and seek a fair settlement to cover all expenses.
In order to win a medical malpractice claim, the plaintiff must show that their doctor did not meet the proper standard of care during a particular pregnancy and birth. This is typically established through the expert testimony of doctors who have reviewed medical records and can give insights into how an experienced Obstetrician would handle a specific situation.
When a medical professional deviates from the standard of care and causes birth injuries the victim is entitled to monetary compensation for their injuries. In the majority of instances, a birth injury attorney will seek to settle the claim outside of the court. They are ready to fight for the rights of their clients in the event that negotiations do not result in an acceptable settlement. Their experience and expertise in litigation will enable them to present a compelling argument before jurors and judges.
Dealing with the aftermath of a birth injury can be emotionally and financially overwhelming for families. A committed Georgia birth injury lawyer will provide compassion and support throughout the legal process. They will strive to ensure that their client receives a reasonable settlement to cover the expenses of the victim’s medical bills, ongoing care requirements, lost wages suffering and pain, as well as other damages.
Medical professionals are trained to keep pregnant mothers and their babies safe. However, they can miss crucial warning signs and make errors during labor and delivery. When this occurs, it can lead to serious birth injuries. An experienced Atlanta birth injury lawyer will be able to comprehend the complex nature of these cases and be able to advocate for fair compensation for their clients. They have a proven of winning medical negligence cases and can effectively represent clients in negotiations with insurers and healthcare providers.