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Birth Injury Attorneys – How to Spot Medical Malpractice During labor and birth, there are many risks and complications. Medical professionals are required to follow the national standards and guidelines. If they fail to comply, it could result in birth injuries. Children who suffer injuries at birth may require medical treatment and medical care for the rest of their lives. A successful lawsuit could help parents secure settlement money to cover those expenses. Medical Malpractice A new baby entering the world is a momentous occasion, but the process also poses a number of risks for the mother and the child. Even the most skilled medical personnel are prone to errors during the process. If these errors have long-term effects for a family, then they could be the subject of an medical malpractice case. Our Atlanta birth injury attorneys know how to spot these cases and help families get the financial compensation that they deserve. A successful medical malpractice case requires proof that a physician did not fulfill his or her duty of care by engaging in an act or omission that deviated from the accepted standard of care in the profession he or she practices. Often, these incidents are caused by the use of equipment, such as vacuum extractors or forceps. Our legal team will work closely with medical experts to determine what standards of care have been violated and the direct relationship between the injuries and this violation. Our firm has extensive experience in these cases. We have been fighting for victims of medical negligence for more than 25 years. We are able to create cases that are strong enough to withstand the aggressive tactics that hospitals and insurance companies frequently employ in these cases. We know how to present evidence that will convince juries and judges in favor of the plaintiff's side. In addition to securing compensation for future and past medical expenses that are related to the injury, our lawyers can also help to secure damages for any other losses that which a victim has sustained. This includes non-economic damages such as pain and discomfort. Our lawyers can engage economists and financial experts to estimate the losses of the victim, and make persuasive arguments on the amount of compensation that the victim deserves. Financial burdens can be enormous when birth injuries happen. Medical costs can quickly become out of control and create a cycle stress, leaving families with no recourse. A successful claim will offer the financial resources needed to cover these growing expenses and also cover the children's ongoing needs for therapy, assistive equipment, and other essentials. Damages A patient may be entitled to compensation if a physician does not meet the standard of care during the delivery and causes injuries. However, determining damages in these instances is often an extremely difficult process. This is because a myriad of variables can affect the final settlement amount. The first factor is the severity of the birth injury. This includes both the degree to which the injury has affected the child's development as well as the extent of the parents' losses. The second factor to consider is whether there was a breach of obligation. This means that the defendant owed the victim the reasonable care standard and failed to meet that standard. It must be established that the breach led to the birth injury, and that it wouldn't have occurred if the doctor hadn't committed the error. In addition to economic damages, non-economic damages may be awarded. Economic damages may include the cost of medical treatment as well as therapies and other necessary services. These can include physical, occupational, and speech therapy. Damages can also be awarded to compensate for the loss of future earning potential. This is important when an injury causes an impairment that affects a child's ability in the future to do certain tasks. A skilled Atlanta birth injuries lawyer could help victims understand their loss and legal options. They can review the case carefully to identify the parties accountable, including doctors and nurses and medical equipment manufacturers. They could also preserve medical records, ask the correct questions and take legal action to ensure the rights of the victim. A qualified Atlanta injury lawyer could also assist victims claim their compensation before the statute of limitations expires. The deadline is two years in Georgia for the majority of cases. However, the statute of limitations can be extended for minors who wish to file on their own behalf. This is due to a provision in the law of the state. Kevin Race, a highly-experienced lawyer, has spent over 25 years fighting hospital malpractice claims. atlanta birth injury lawsuit is now using his expertise to help families recover the compensation they need after a medical mistake. Statute of Limitations Legal claims families can file after a child has suffered a birth injury could be complex. In some instances the injuries can lead to the death of a child, while others cause permanent disabilities that could cost thousands of dollars per month for medical bills and other services. In any situation, a specialized birth injury lawyer can assist parents in seeking compensation. A lawyer will go through the medical records to determine if there was any malpractice or negligence during labor and delivery. They could consult with medical experts and speak with witnesses to construct an argument that is strong. They would also consider the impact of a birth injury on the future, and a family's financial stability. Medical malpractice claims must be filed within a specified time period, also known as a statute of limitations. The time limit for filing a claim varies from state to state, and it is crucial to consult an experienced attorney to ensure the claim is filed within the permitted time frame. The longer a lawyer waits to file a claim the more difficult it will be to prove that the negligence of a physician caused the injury. The time frame for filing a claim also varies depending on the type of medical care provider being the subject of the lawsuit. If the nurse or doctor works for a government entity like a state-owned or military hospital, the timeframe to file a claim will be different. This is due to the fact that there are extra procedures required when suing government-owned facilities. State-specific exemptions apply to the statute of limitations. Most states will “toll”, or pause, the statute of limitation if someone has been declared legally incapable. Additionally there are states that have laws that limit 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 infringe on the right of a victim to a trial before a jury. In this regard it is imperative to discuss the details of your case with a knowledgeable birth injury lawyer as quickly as possible. This will allow them to examine medical records, get expert testimony, and develop an outline of the timeline for filing a lawsuit before the statute expires. Representation Having a baby is a wonderful moment, but it can also be costly. Families that have been impacted by medical negligence that causes birth injuries are entitled to compensation for the additional costs and other damages due to their child's health. A skilled Atlanta birth injury lawyer can help families develop their case and negotiate a fair settlement to cover all losses. A plaintiff must prove that their doctor failed to meet the required standard of medical treatment during a pregnancy or birth in order to prevail on a claim for medical malpractice. This is typically proven by the expert testimony of doctors who have examined medical records. They can provide an insight into how an experienced Obstetrician would handle a specific situation. A victim may be eligible for financial compensation if a medical professional violates this standard of care, causing a birth injury. A birth injury lawyer is likely to try to settle the case outside of the courtroom. However they will defend their clients' rights in the event that negotiations fail to yield a fair settlement. Their expertise and litigation skills can assist them in presenting an argument that is convincing before an arbitrator and judge. Families are financially and emotionally overwhelmed by the aftermath of an injury to the birth canal that is serious. A Georgia birth injury attorney will be there to help and support throughout the legal process. They will strive to ensure that their client receives a fair settlement that covers all costs of medical bills, ongoing care requirements, lost wages pain and suffering, and other damages. Medical professionals are trained to keep mothers and babies secure, but they could ignore warning signs that are crucial and mistakes can occur during labor and delivery. When this occurs it could result in serious birth injuries. An experienced Atlanta birth injury lawyer will understand the complicated nature of these cases and be able to fight for fair compensation for their clients. They have a proven record of winning medical negligence cases and are able to effectively represent clients in negotiations with insurers and healthcare providers.