How a Birth Injury Lawsuit Can Help Families Pursue Compensation
Finding out that your child was injured due to an injury at birth due to medical malpractice is devastating. A dedicated Atlanta birth injuries lawyer can help your family receive compensation for the harm caused by the doctor’s mistake.
A seasoned medical malpractice attorney understands the medicine in question and what kinds of mistakes are considered to be malpractice. They are able to assess the damages.
Damages
The injuries a child could suffer as a result of an error in medical care during labor and delivery are often catastrophic. They can leave the infant with permanent disabilities, like cerebral palsy or learning delays. Our Atlanta birth injury lawyers work hard to ensure that victims receive the most compensation they can.
There are a variety of elements that must be present in order for an individual or family to file a successful malpractice claim in Georgia. These include: the defendant violated the standard of care; causation is established; and the plaintiff suffered damages that could be compensated. This can be proved through evidence, including medical records and expert testimony. Our firm has relationships with top experts across the nation who can help establish these legal elements in the case.
Our team is aware of how difficult it can be to deal with an unintentional medical error that causes life-altering injuries. We are determined to hold healthcare providers responsible for their actions and ensuring they are liable for the victims’ substantial losses. The financial assistance we offer to our clients could help cover medical expenses as well as therapy, assistive devices, and other costs associated with birth injuries.
In the case of serious and catastrophic birth injuries, we may be able to obtain punitive damages in addition to compensatory damages. These additional damages are aimed to penalize the healthcare professional responsible for their reckless and irrational behavior, as well as to discourage others from engaging in similar behavior.
A medical malpractice lawsuit in Georgia requires evidence that the doctor’s actions or inactions caused the injuries. The presiding court will review the facts and award the plaintiff the compensation they deserve.
The severity of the injury and the impact it has on a child’s quality life will play a significant part in determining the value of the claim. Our attorneys will hire experts in the field of medicine and finance to determine the potential costs of a child’s medical treatment and other expenses. We will then use aggressive strategies to win the most compensation possible.
Statute of limitations
There is a specific standard of medical care that healthcare professionals are required to provide their patients. If they do not meet the standard of care, they can be held accountable in the courts. When a medical professional deviates from the norm this could have serious consequences for the patient for example, birth defects and lifelong disabilities. A dedicated atlanta birth injury lawsuit birth injury lawyer could assist clients in seeking the compensation they are entitled to.
It is important to consult an attorney as soon as possible. Medical malpractice cases can be complex. Each state has a statute that restricts the time within the period that a lawsuit can be filed. This ensures that the case can be filed while the physical evidence and witness reports are fresh. In most cases, claims that are filed after the statute of limitation has been lapsed will be dismissed.
The time frame for cases involving birth injuries can vary depending on circumstances. This is because many birth injuries don’t get noticed at the time of birth, and may not develop until a child is at school age. This is why some states extend the time limit for medical malpractice claims involving children.
In Georgia, parents generally have two years to bring an action for birth injuries. The same is true for other medical malpractice cases. However, if the injury occurs to a baby who is younger than five years old the statute of limitations is tolled until the child reaches five. This allows parents more time to consider the severity of the injury and how compensation should be paid.
A successful claim for birth injuries includes both financial and other damages. These include the cost of medical treatment and future care and lost wages due to parental leave in addition to pain and suffering and a diminished quality of life. The amount of damages is according to the medical cause of the injury and what it has done to the child’s future. A committed Atlanta birth injury attorney will be able to utilize their knowledge of the law and medical documents to determine the best way to approach each case.
Expert Witnesses
Although a lawsuit can’t stop the damage caused by a medical professional’s errors however, it can help families recover compensation to pay medical expenses as well as other damage. It is, however, essential for parents to work closely with an experienced lawyer who can identify and retain competent experts to review medical records, analyze evidence and give testimony on their behalf. This will increase a family’s chances of successfully bringing healthcare professionals accountable for their negligence and the resulting birth injuries.
Finding out if a doctor acted in breach of their duty of care and caused injury is the first step in a medical malpractice case. The law requires, however, that the plaintiff establish an immediate connection between the physician’s (or absence of) actions and the injuries suffered by the child. Additionally the plaintiff must show that the damages they seek are compensated. This includes the cost of current and future medical care and disability, as well as pain and suffering, as well as lost income.
To demonstrate that the defendant was negligent in causing your child’s injury you’ll need an extensive understanding of medical science. Because jurors and judges are not equipped with a thorough medical knowledge expert witness testimony is often necessary to bridge this gap. An expert witness can explain complex medical issues in a manner that is easily understandable by ordinary people. They can also outline the standard of care needed for specific situations and demonstrate the ways in which the doctor’s actions, or lack thereof deviated from this standard.
Other healthcare providers such as nurses and nurse practitioners may also be accountable. A skilled medical malpractice lawyer can identify all of the potential defendants and determine who was responsible for your child’s birth injury.
Medical malpractice cases are extremely complex, and require a skilled lawyer to navigate the legal system and get justice for patients who have suffered. Parents should seek out the help of an Atlanta birth injury lawyer who can evaluate their case, build up a strong case of negligence and claim a negligent hospital, doctor, or other healthcare professional accountable for their negligence.
Medical Records
Medical records are essential for determining damages in a birth-injury lawsuit. In addition to a financial award that pays for future and past medical expenses, families of children who sustained injuries sustained during birth process can also receive a payout to compensate for lost income if the child’s condition caused them to be unable to work, in addition to non-economic damages for suffering and pain. Our Atlanta lawyers have the necessary skills and resources to help families recover full and fair compensation.
A successful medical malpractice case requires the proof of three essential elements: Breach of Standard of Care, Causation, and damages. The standard of care is the level of care a healthcare professional with the same qualifications and experience would offer in a similar situation. The plaintiff must show that the healthcare provider did not follow the standard of care, which caused their child’s injury. They must also show that the injuries suffered by their child caused compensable damages, like medical expenses and loss of earnings, permanent disability and emotional distress.
In a few cases, negligent healthcare professionals are found to be responsible for punitive damages which are designed to punish those responsible for their carelessness or inattention and prevent others from committing similar acts in the future. A skilled and compassionate Atlanta birth injury lawyer can help victims seek justice and hold accountable the accountable parties.
The first step in the legal procedure is for a lawyer to review the medical records and determine if there is any evidence of negligence. A skilled birth injury attorney will consult with medical experts who can prove that the doctor or the hospital failed to meet the standards of care and that the failure resulted in the injuries of your child.
After the facts are established, an attorney will prepare a demand letter and send it to the doctor or hospital’s malpractice insurance provider. If a settlement is not reached, your lawyer can start a court case. A skilled and experienced birth injury lawyer is well-versed in the legal and medical aspects of this tangled legal issue, and he or she can negotiate with the insurance company or responsible party for the best possible outcome.
