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How a Birth Injury Lawsuit Can Help Families Pursue Compensation

It's devastating to discover that your child suffered a birth defect due to medical malpractice. A dedicated Atlanta birth injuries lawyer can help your family receive compensation for the damage caused by the doctor’s mistake.

A medical malpractice lawyer who is skilled knows the medicine involved and which mistakes are considered to be as malpractice. They also know how to assess damages.

Damages





An error in 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 attorneys strive to ensure that victims receive the maximum amount of compensation that is possible.

For a Georgia family to be able to successfully file a malpractice claim there are a variety of elements that must be present. These include: the defendant violated the standard of care; causation exists and the plaintiff was able to claim damages that could be compensated. This can be proved through evidence, like medical documents and expert testimony. Our firm works with top experts across the country who can assist in establishing the legal aspects of a case.

Our team is aware of how difficult it can be to confront an error in medical care that results in life-altering and serious injuries. We are committed to holding the responsible healthcare providers accountable for their actions and ensuring that they compensate their victims' significant losses. The financial assistance we provide to clients can be used to pay for medical expenses and therapy, as well as assistive devices, and other costs related to birth injuries.

In the case of serious or catastrophic birth injuries, punitive damages could be recouvable in addition to compensatory damages. These additional damages are intended to punish the at-fault health professional for their reckless or deliberate behavior and to deter others from engaging in similar conduct.

A medical malpractice lawsuit in Georgia requires proof that the doctor's actions or inactions caused the injuries. The judge who is in charge will look over the facts of the case and award the plaintiff the amount they are due.

The extent of an injury and the effect it has on a child's quality of life is a significant factor in determining what a claim is worth. Our lawyers will engage 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 use aggressive legal strategies to fight for the maximum available compensation.

Statute of Limitations

There is a certain standard of medical care that healthcare professionals are required to provide their patients, and when they fail to meet the standard of care, they can be accountable in the courtroom. If a healthcare professional stray from the norm it could have severe consequences for the patient including injuries like birth defects and permanent disabilities. A dedicated Atlanta birth injury lawyer can help clients seek the compensation they deserve.

It is important to consult an attorney as soon as you can. Medical malpractice claims can be complex. Every state has a statute of limitations that sets the time frame within which a lawsuit must be filed. This makes sure that the case can be filed while the evidence and witness reports are still fresh. In the majority of cases, a claim that is filed after the time limit has expired will be dismissed.

The time limit for cases involving birth injuries can differ based on the circumstances. This is because many birth injuries don't manifest until the child reaches school age. Certain states have widened the time limit for medical malpractice cases involving children.

In Georgia parents typically have two years to bring a claim for birth injury. This is the same as for other medical malpractice claims. If the injury occurs to a child who is younger than five years old the statute of limitations is tolled until the child reaches five. This gives the parents more time to figure out how serious the injury was and how it is to be compensated.

A successful claim for a birth injury usually includes both non-economic and economic damages. These include the cost of the future care of the child and medical treatment, the loss of wages due to parental leave and the pain and suffering and the diminished quality of life. The amount of damages is calculated in accordance with the medical cause of the injury, and the impact it had on the child's life. A dedicated Atlanta birth injury attorney would be able to apply their knowledge of the law and medical documents to determine the best approach to each case.

Expert Witnesses

While a lawsuit won't reverse the harm caused by mistakes made by medical professionals however, it could aid families in recovering compensation for medical expenses and other damages. However, it's essential for parents to work with an experienced lawyer who can locate and secure experts who are qualified to review medical records, analyze evidence, and testify on their behalf. This can increase a family's chances of successfully holding medical professionals accountable for their negligence and resulting birth injuries.

In a medical malpractice lawsuit, the first step is to prove that the doctor's actions violated their duty to care and caused injury. The law requires, however, that the plaintiff establishes a direct link between the physician's (or inability to perform) actions and the injuries suffered by the infant. The person who is injured must prove that the damages sought are to be compensated. This includes the cost of current and future medical treatment or disability, as well as suffering and loss of income.

A birth injury case requires a lot of medical knowledge and expertise to establish that the defendant's negligence was the cause of your child's injuries. Since jurors and judges are not equipped with a thorough medical knowledge, expert witness testimony is often needed to make up the gap. Expert witnesses can present medical issues in terms that are easily understood by the average person. They can also describe the standards of care that apply to a given situation and show the doctor's actions, or lack thereof, that deviated from the standard.

Other healthcare providers like nurses and nurse practitioners could also be held responsible. 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 are extremely complex, and it requires a skilled lawyer to navigate the legal system and obtain justice for the injured. Parents should seek out the assistance of an Atlanta birth injury lawyer who will evaluate the specifics of their case, develop a strong case for negligence, and hold a negligent doctor, hospital or any other healthcare professional accountable for their negligent actions.

Medical Records

The medical records available in a birth injury lawsuit are essential in determining the amount of damages that are to be awarded. In addition to a financial award that covers past and future medical expenses, families of children who suffered from injuries sustained during birth process can also receive a payout to cover the loss of income if their child's illness has caused them to be unable to work, and also non-economic damages for suffering and pain. Our Atlanta lawyers have the expertise and resources to assist families get fair and complete compensation for their losses.

To prove medical malpractice, you must show three elements: Breach of the Standard of Care (or the standard of care) as well as Causation and Damages. The standard of care refers to the level of care that a health professional with similar experience and training would provide in a similar circumstance. The plaintiff must prove that the healthcare provider did not follow the standard of care, which caused their child's injury. They must also prove that the child's injuries resulted in compensable damages, for example, medical expenses as well as loss of earnings, permanent disability and emotional distress.

In certain instances healthcare professionals who are negligent could be held accountable for punitive damages. atlanta birth injury lawsuit are intended to punish them for extreme carelessness or negligence, and to deter others from repeating the same mistakes in the future. A compassionate and knowledgeable Atlanta birth injury attorney can help victims seek justice and hold accountable individuals accountable.

The first step in the legal process is for an attorney to look over the medical records and determine if there are any indications of negligence. A skilled birth injury lawyer will then meet with expert medical witnesses, who can demonstrate that the doctor or hospital failed to meet the standard of care and this negligence was the primary cause of your child's injury.

After the facts are established, your lawyer will prepare and send a demand package to the malpractice insurance company of the doctor or hospital. If a settlement is not reached, your attorney can make a court filing. A birth injury lawyer who is knowledgeable and skilled will be well-versed with both the medical and legal aspects of this complex legal matter. He or she will find the best possible solution with the insurance company or the person responsible for the injury.