The Most Common Atlanta Birth Injury Lawsuit Debate Actually Isn't As Black And White As You Might Think
How a Birth Injury Lawsuit Can Help Families Pursue Compensation
It is devastating to learn that your child was born with birth defect as a result of medical negligence. A dedicated Atlanta birth injury lawyer can help your family get compensation for the damages caused by the error of the doctor.
A seasoned medical malpractice lawyer understands the medicine at issue and what kind of errors are considered to be malpractice. They also know how to evaluate the damages.
Damages
A medical error during the delivery could cause serious injuries to a child. The child may be left with permanent disabilities such as cerebral palsy and learning difficulties. Families have the right to compensation for their losses, and our Atlanta birth injury lawyers strive to ensure that victims receive the highest amount of compensation that is possible.
There are a number of factors that must be present for an individual or family to be able to file a successful malpractice claim in Georgia. The defendant did not meet the standards of care; causation exists; and the plaintiff suffered damages that are compensable. This can be proved by evidence, such as medical records and expert testimony. Our firm works with renowned experts across the country who can help establish the legal aspects of a case.
Our team is aware of how difficult it can be to confront an unintentional medical error that leads to life-changing injuries. We are committed to holding the responsible healthcare providers accountable for their actions and ensuring that they compensate the significant losses suffered by their victims. The monetary support that we provide to clients can help cover medical expenses and therapy, as well as assistive devices, and other expenses that arise from a birth injury.
In cases of severe or catastrophic birth injuries, punitive damages can be awarded in addition to compensatory damages. These additional damages are designed to punish the at-fault healthcare professional for their reckless or intentional actions and to discourage others from engaging in similar conduct.
A medical malpractice lawsuit in Georgia requires proof that the medical professional's actions or inactions led to the injuries. The judge will look over the facts and award the plaintiff what they deserve.
The extent of an injury and the impact it has on a child's quality of living will be a significant determinant in determining how much a claim is worth. Our attorneys will hire experts in the field of medicine and finance to determine the potential costs of medical treatment for a child and other expenses. We will then employ aggressive legal strategies to secure the most appropriate amount of compensation.
Statute of limitations
There is a specific standard of care that healthcare professionals must provide their patients. If they fail to live up to the standard of care, they can be accountable in court. If a physician does not meet the standard of care, it can result in serious consequences for patients, such as birth defects and disabilities that can last for the rest of their lives. A dedicated Atlanta birth injury lawyer can help clients pursue the compensation they deserve.
Medical malpractice claims are often complex, but it is crucial to speak with an attorney early. Each state has a statute that restricts the time within which a lawsuit may be filed. This guarantees that the case will be filed while the evidence and witness reports are still fresh. In the majority of cases, a claim that is filed after the deadline for filing has passed will be dismissed.
The statute of limitations for cases involving birth injuries can differ based on the circumstances. This is because the majority of birth injuries don't show up until a child reaches school age. As a result, some states extend the time period for medical malpractice claims involving children.
In Georgia, parents generally have two years to file a claim for birth injury. This is the same for other medical malpractice claims. If the injury is to a child under five years old the statute of limitation is extended until the child reaches the age of five. This gives the parents more time to figure out the severity of the injuries and how it should be compensated.
A successful claim for birth injury includes both financial and other damages. This includes the cost of the future care of the child and medical treatment, lost wages due to parental leave and the pain and suffering and the diminished quality of life. These damages are calculated according to the medical cause of the injury, and the impact it has had on the child's life. A dedicated Atlanta birth injuries attorney will be able to use his knowledge of the law and medical records to determine how to best handle each case.
Expert Witnesses
Although filing a lawsuit won't reverse the damage caused by a medical professional's mistakes but it can help families obtain compensation to pay medical expenses and other damage. It's important that parents work with an experienced lawyer who can identify and retain qualified expert witnesses to review medical records, analyze evidence, and testify on their behalf. This can significantly improve the chances of a family's success in holding accountable healthcare professionals for their negligent actions and resulting birth injury.
Proving that a doctor breached their duty of care and caused harm is the first step in a medical malpractice case. However, the law requires that the plaintiff establish a direct connection between the actions of the doctor (or lack thereof) and the injuries suffered by the child. In addition, the injured party must show that the damages they seek are compensated. atlanta birth injury lawyers includes the cost of future and current medical treatment, disability, pain, and suffering, as well as lost income.
In order to prove that the defendant was negligent in causing your child's injury you'll need an extensive understanding of medical science. Expert witness testimony is frequently required to bridge the gap between jurors and judges' lack of medical knowledge. Expert witnesses can explain medical issues in terms that are easily understood by the average person. They can also describe the standard of care needed for an individual situation and explain the way in which the doctor's actions or lack thereof departed from the norm.
Other healthcare professionals such as nurses and nurse practitioner may also be accountable. A medical malpractice lawyer will be able to identify all potential defendants, and determine who is accountable for the birth injury that occurred to your child.
Medical malpractice cases can be extremely complicated and require a skilled attorney to navigate the legal system in order to secure justice for the injured victims. Parents should seek out the help of an Atlanta birth injury lawyer who can evaluate the details of their case, develop an argument for negligence and hold a negligent doctor, hospital or other healthcare professional accountable for their careless actions.
Medical Records
The medical records that are available in the birth injury lawsuit are vital for determining the damages to be awarded. Families of children injured during labor and birth could be awarded financial compensation to cover past and future medical expenses, as well as a payment for lost income, in the event that the child's condition caused them to miss work. They may also be awarded non-economic damages, such as suffering and pain. Our Atlanta lawyers are equipped with the necessary skills and resources to help families recover full and fair compensation.
To prove medical malpractice, you need to prove three factors: Breach of Standard of Care (or the standard of care), Causation and Damages. The standard of care is defined as the amount of care a healthcare professional in the same position would offer. The plaintiff must demonstrate that the healthcare provider acted in violation of the standard of care, which led directly to the injury of their child. They must also prove that the injuries suffered by their child caused compensable damages, for example, medical expenses as well as loss of earnings, permanent disability, and emotional distress.
In some cases, negligent healthcare professionals may be found to be liable for punitive damage awards. These are intended to punish them for their extreme carelessness or negligence, and to deter others from repeating the same mistakes in the future. A compassionate and skilled Atlanta birth injury lawyer can help victims pursue justice and hold responsible parties accountable.
An attorney will go through the medical records to determine if there's any evidence of negligence. A competent birth injury lawyer will consult with medical experts who can prove that the doctor or the hospital did not adhere to a standard of care, and that this failure caused the injuries of your child.
Once the facts are gathered, your attorney will draft and send an order to the malpractice insurance company of the hospital or doctor. If a settlement is not reached, your attorney can make a court filing. A skilled and experienced birth injury lawyer is familiar with the medical and legal aspects of this complex legal matter, and he or she can negotiate with the insurance company or responsible party to ensure the best possible outcome.