Birth Injury Attorneys - How to Spot Medical Malpractice

During labor and delivery there are a variety of risks and complications. Medical professionals have a responsibility to adhere to the national standards and guidelines. If they fail to do so, it can lead to birth injuries.

Children who suffer birth injuries could require medical care and treatment for the rest of their lives. A successful lawsuit could aid parents in obtaining settlement funds to pay for these expenses.

Medical Malpractice

Bringing a new child into the world is a momentous event, but it is also a risk for the mother and the child. Even the most knowledgeable medical team is prone to making mistakes during the process, and if those mistakes result in long-term consequences for a family, they may have a case for medical negligence. Our Atlanta birth injury lawyers know how to spot these cases and how to ensure families receive the financial compensation they need.

A successful medical malpractice case requires evidence that the doctor violated their duty of care by an act or omission which deviated from standard practice in their profession. Often, these incidents are caused by the use of equipment, like vacuum extractors or forceps. Our legal team will work with medical experts in order to determine what standards of care were breached and how the injuries directly relate to this breach of duty.

Our firm has extensive experience in these cases, and has successfully represented victims of medical negligence for more than 25 years. We know how to build cases that are strong enough to withstand the abrasive tactics that insurance companies and hospitals frequently employ in these cases. We also understand how to provide compelling evidence that could convince juries and judges in the direction of a plaintiff's side.

Our lawyers can assist you in getting compensation for the victim's other losses, like suffering and pain. This includes non-economic damages such as pain and discomfort. Our lawyers are able to hire economic and financial experts to calculate a victim's losses and make convincing arguments to support the amount of compensation that a victim should receive.

Financial burdens can be enormous when birth injuries happen. The medical expenses can become overwhelming and trigger an unending cycle of stress that can leave families with no place to turn. A successful claim could provide the financial resources required to pay for these growing expenses and cover a child's ongoing care, therapy, assistive devices, and other necessities.

Damages

If a doctor violates the guidelines of care and results in an injury during delivery the patient could be eligible for compensation. Determining damages in these cases can be a daunting task. This is due to many factors that can impact the final settlement amount.

First, the extent of the injury at birth. This includes both the degree to which the injury has impacted the child's life as well as the severity of the parents suffering. The second aspect is the existence of a breach of duty. The defendant was bound to the victim of reasonable care, but did not meet the standard. It must also be proved that the breach caused the birth injury, and that it would not have happened without the error of the doctor.

In addition to economic damages, non-economic damages may be awarded. Economic damages can include the cost of medical treatments or therapies, as well as other essential services. Physical or occupational therapy, as well as speech therapy could be included. Damages can also be awarded to compensate for the loss of future earning potential. This is crucial when an injury results in a disability which affects the ability of a child in the future to perform certain jobs.

A reputable Atlanta birth injury lawyer could assist victims in understanding the full extent of their losses and the legal options they have. They should carefully examine the case to identify all potentially at-fault parties, including doctors, nurses, and medical equipment manufacturers. They could also preserve and analyze medical records, ask the appropriate questions and take the legal steps needed to ensure the rights of a victim.

A skilled Atlanta lawyer can assist victims in filing their claims prior to the time limit expiring. In Georgia this time frame is usually two years. However, the time limit can be extended for minors who would like to file on their own behalf. This is because of a state law provision. Kevin Race, a highly-experienced lawyer, has spent the last 25 years defending hospital malpractice claims. Kevin Race now employs his expertise to assist families get the compensation they require following an error in medical care.

Statute of Limitations

The legal claims available for families whose children suffer an injury at birth are extremely complex. In some instances, the injuries result in an unjust death, while other cause permanent disabilities that could cost thousands of dollars a month for medical bills and other services. In either case, a dedicated birth injury lawyer could assist parents in seeking compensation.

A lawyer would examine the medical documents to determine if there was any malpractice or negligence during the labor and delivery. They might consult medical experts and interview witnesses to create an argument that is strong. They would also consider the effects of birth injuries on the future, and a family's financial stability.

Medical malpractice claims must be filed within a certain time period, referred to as a statute of limitations. This time limit varies from state to state. It is essential to speak with an experienced attorney in order to make sure that the claim is filed during the permitted time. The longer it takes an attorney to submit a claim for medical malpractice, the harder it is to prove the negligence of a physician.

The timeframe for filing a claim can vary dependent on the kind of medical care provider is being sued. For instance, if the nurse or doctor is employed by a government agency, such as a state-owned or military hospital, then there is typically a different timeline for filing a claim due to of the additional procedures that must be completed when suing a government-owned facility.

State-specific exceptions apply to the statute of limitations. For example when a person has been declared legally incompetent most states will "toll" or pause the statute of limitations until they are declared competent to make an action.

Some states also limit the amount of compensation that victims are entitled to in medical malpractice cases. Georgia, however, does not have any of these limitations, and the state's highest court has ruled that compensation caps are in violation of a victim's right an open jury trial.

It is therefore important to speak with a birth injury lawyer immediately. This will allow them to look over the medical records, obtain expert witness testimony, and develop an outline of the timeline for filing a claim prior to the statute of limitations expires.

Representation

It's a wonderful time to have a child however, it can also be costly. Families who have been affected by medical malpractice that results in birth injuries are entitled to compensation for the additional costs and damages resulting from the child's condition. A knowledgeable Atlanta birth injury lawyer can assist families develop their case and seek an appropriate settlement to pay for all losses.

To be successful in a medical malpractice claim, a plaintiff must demonstrate that their doctor did not meet the appropriate standard of care during a particular pregnancy and delivery. This is usually proven by expert testimony from doctors who have examined the medical records and give insight into the manner in which a qualified obstetrician could respond to a specific circumstance.

A victim can be awarded compensation if a medical professional violates this standard of care, resulting in a birth injury. In the majority of cases, a birth injury attorney will seek to settle the claim outside of the court. They are prepared to fight for the rights of their clients if negotiations fail to result in an acceptable settlement. Their experience and knowledge of litigation can help them make an argument that is persuasive before jurors and judges.

Dealing with the consequences of a birth injury is emotionally and financially draining for families. A committed Georgia birth injury lawyer will offer empathy and help throughout the legal process. They will do their best to obtain their client an equitable settlement that covers all the victim's costs, including medical bills, ongoing needs for treatment loss of wages, pain, and suffering and other damages.

Medical professionals are trained in keeping mothers and babies safe. However, they may miss important warning signs and make mistakes during labor and delivery. If this happens it could lead to serious birth injuries. An experienced Atlanta birth injury lawyer will comprehend the complexities of these cases and be able to argue for fair compensation for their clients. They have a track of success in medical negligence cases and are able to effectively represent clients in negotiations with insurance companies and healthcare providers.