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During labor and birth, there are many risks and complications. Medical professionals have a responsibility to adhere to national standards and guidelines. If they don't birth injuries could result.
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Medical Malpractice
Bringing a new child into the world is an exciting occasion, but it also involves certain risks for both the mother and the baby. Even the most skilled medical team is at risk of making mistakes during this process, and if the mistakes result in long-term consequences for a family, they may be the victim of medical negligence. Our Atlanta birth injury lawyers are able to recognize these cases and how to ensure families receive the financial compensation they deserve.
A successful medical malpractice claim is based on proof that a doctor violated his or her duty of care by engaging in an act or omission that deviated from the norms of practice in the field of work. Typically, these incidents involve a physician's use of equipment, like forceps or vacuum extractors. Our legal team will work closely with medical experts to determine which standards of care have been breached and the relationship between the injuries and this breach.
Our firm has a wealth of experience in these cases, and has successfully represented victims of medical malpractice for over 25 years. We are able to create cases that are strong enough to withstand the aggressive tactics that insurance companies and hospitals often employ in these cases. We know how to present evidence that will convince juries and judges towards the plaintiff's side.
Our attorneys can assist in securing damages for the victim's other losses, like suffering and pain. This includes damages that are not economic, such as suffering and pain. Our lawyers can hire experts in the field of finance and economics to estimate the losses of a victim and present convincing arguments on the amount of compensation a victim deserves.
Financial burdens can be huge when birth injuries happen. The medical expenses can become overwhelming and trigger a vicious cycle of stress that can leave families without a place to turn. A successful claim can provide the financial resources required to address these mounting expenses and provide for a child's regular care, therapy, assistive devices, and other needs.
Damages
When a doctor deviates from the standard of care and causes injury during delivery the patient could be eligible for compensation. However, determining damages in these cases is usually an arduous task. This is because there are many factors that can impact the final settlement amount.
First, the extent of the injury at birth. This includes the effect of the injury on the child as well as the loss suffered by parents. The other factor is the existence of a breach of duty. The defendant was bound to the victim of reasonable care, however, they failed to meet the requirements of this standard. It must also be established that the breach led to the birth injury and it would not have occurred but for the doctor's error.
There are many damages that can be granted to those suffering from birth injuries, including non-economic and economic damages. Economic damages are the price of treatments, medical care and other services. Physical or occupational therapy, as well as speech therapy are all possible. Damages may also be awarded for loss of future earning potential. This is an important aspect to consider when an injury leads to a disability that affects the child's ability to do certain jobs throughout their lives.
A reputable Atlanta birth injury attorney could help victims comprehend the full scope of their losses as well as the legal options they have. They can carefully analyze the case to identify the parties at-fault, including doctors, nurses and medical equipment manufacturers. They could also preserve and analyze medical records, ask the right questions, and make the necessary legal steps to protect a victim's rights.
A reputable Atlanta injury lawyer could help victims file their claims before the time limit expiring. In Georgia the deadline is typically two years. However, the time limit can be extended for minors who want to file on their own behalf. This is because of a provision in the law of the state. Kevin Race is a highly experienced lawyer who has spent the last 25 years defending hospitals from malpractice claims. Kevin Race now applies his knowledge to help families get the compensation they deserve after an error in medical care.
Statute of Limitations
Legal claims that families can claim after a child suffered a birth injury can be a bit complicated. In some cases birth injuries can lead to wrongful deaths, while in others they can lead to lifelong disabilities, which can cost thousands of dollars each month for medical costs and other services. In any situation an experienced birth injury lawyer could assist parents seeking compensation.
A lawyer will go through the medical records to determine if there was negligence or malpractice during labor and delivery. To make a convincing argument they could consult with medical experts or interview witnesses. They would take into consideration the effects of the birth injury on a 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. This limit varies by state, and it is crucial to consult an experienced attorney to ensure that the claim is filed within the allowed time frame. The longer an attorney waits to file a claim, the more difficult it is to prove that the negligence of a doctor caused the injury.
The timeframe to file an action also varies based on the type of medical provider being sued. If the doctor or nurse works for a government entity like a state-owned or military hospital, the timeframe to file a claim will be different. This is because there are extra procedures required when suing government facilities.
There are a few exceptions to the statute of limitations that vary from state to state. The majority of states "toll" or stop, the statute of limitation when a person is declared legally incapable.
In addition there are states that have laws limiting the amount of damages that can be awarded to victims in medical malpractice lawsuits. However, Georgia does not have any of these limitations, and the state supreme court has ruled that caps on compensation violate the right of a patient to a trial before a jury.
As a result, it is crucial to discuss the specifics of your case with a seasoned birth injury attorney as soon as you can. This will allow them to look over the medical records, request expert witness testimony, and establish an outline of the timeline for filing a claim prior to the statute of limitations runs out.
Representation
It's a wonderful time to have a baby, but it can be costly. Families who have been impacted by medical malpractice that causes birth injuries are entitled to compensation for any additional costs and damages resulting from the child's condition. A skilled atlanta birth injury attorneys birth injury lawyer can assist families establish their case and seek an equitable settlement to cover all expenses.
To win a medical malpractice lawsuit, the plaintiff must show that their doctor failed to meet the appropriate standard of care in a specific pregnancy and delivery. This is often established by experts from doctors who have examined the medical records and can give insight into how a qualified obstetrician would take care of a particular situation.
When a medical professional deviates from the standard of care and causes birth injuries, the victim is entitled to financial compensation for their injuries. In the majority of cases, a birth injury attorney will seek to settle a case outside of the court. They are prepared to fight for the rights of their clients when negotiations fail to result in an equitable settlement. Their experience and expertise in litigation will enable them to present an argument that is persuasive before an arbitrator and judge.
Dealing with the aftermath of a birth injury can be financially and emotionally draining for families. A dedicated Georgia birth injury lawyer will offer compassion and assistance throughout the legal process. They will work tirelessly to obtain their client an affordable settlement that covers all the victim's costs, including medical bills, ongoing demands for treatment, lost wages, pain, suffering and other damages.
Medical professionals are trained to keep mothers and infants safe. However, they may miss crucial warning signs and commit mistakes during birth and labor. If this happens, it can lead to serious birth injuries. A seasoned atlanta birth injury lawsuit birth injury lawyer will understand the complex nature of these cases and be able to fight for fair compensation for their clients. They have a proven track of success in medical negligence cases and can effectively represent clients in negotiations with insurers and healthcare providers.
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