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Birth Injury Attorneys – How to Spot Medical Malpractice There are many complications and risks during labor and delivery. Medical professionals are required to adhere to the national standards and guidelines. If they don't birth injuries can occur. Children who suffer birth injuries typically require ongoing medical treatment. A successful lawsuit could help parents obtain settlement money to cover these expenses. Medical Malpractice The birth of a child is a joyous occasion. However it also carries certain risks to both the mother and child. Even the most skilled medical professionals are prone to errors during this process. If the mistakes have long-term consequences for the family, then they may have a medical malpractice case. Our Atlanta birth injury attorneys know how to spot these cases and help families get the financial compensation they are entitled to. A successful medical malpractice lawsuit requires proof that the doctor did not fulfill their duty of care by an act or omission that deviated from standard practice in their profession. Typically, these incidents involve a physician's use of equipment, like forceps or vacuum extractors. Our legal team will collaborate with medical experts to determine if the standards of care were breached and how the injuries directly relate to the breach of duty. Our firm has extensive experience in these cases. We have been fighting for the victims of medical negligence for over 25 years. We understand how to build solid cases that are able to withstand the aggressive defense strategies that hospitals and their 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 atlanta birth injury attorneys to securing compensation for past and future medical expenses resulting from the injury, our attorneys can also help to secure damages for other losses which a victim has sustained. This includes non-economic damages such as pain and discomfort. Our lawyers can hire experts in finance and economics to calculate the victim's losses and then make convincing arguments about the amount of compensation a the victim deserves. The financial burden that comes with many birth injuries can be huge. The medical expenses can quickly become overwhelming and trigger an unending cycle of stress that could leave families without a place to turn. A successful claim can provide the funds needed to cover these rising costs and help with continuing care, therapy, assistive devices, and other needs. Damages A victim may be entitled to compensation if a physician is in breach of the standard of care during the delivery and causes injuries. The determination of damages in these cases can be a difficult task. This is because many factors can affect the final settlement amount. First, the extent of the injury at birth. This includes both the degree to which the injury affected the child's life as well as the severity of the parents loss. The other aspect to examine is whether there was a breach of duty. This means that the defendant was owed by the victim the duty of reasonable care and failed to uphold the requirements. It must be established that the breach caused the birth injury, and that it wouldn't have happened if the doctor had not made the mistake. In addition to economic damages, non-economic damages can also be awarded. Economic damages refer to the cost of medical treatment, therapies as well as any other services. Physical, occupational, and even speech therapy can be included. Damages may also be awarded for the loss of earning capacity in the future. This is a crucial aspect to consider when an injury leads to a disability that affects the child's ability to perform certain occupations in life. A reputable Atlanta birth injury lawyer can assist victims in understanding their loss and legal options. They could carefully review the case to determine the parties at-fault, including doctors, nurses and medical equipment makers. They could also preserve medical records, ask the right questions and take legal actions to ensure the rights of the victim. A skilled Atlanta injury lawyer could assist victims with filing claims before the statute of limitation expiring. In Georgia this time frame is usually two years. The statute of limitations may be extended in situations where minors want to pursue their own case. This is due to a law of the state provision. Kevin Race, a highly-experienced lawyer, spent 25 years defending hospital malpractice claims. He is now using his experience to help families receive the justice they deserve following an error in medical care. Statute of limitations The legal options available to families when a child is injured a birth injury are highly complex. In some instances the injuries can lead to an unjust death, while other lead to lifelong disabilities that could cost thousands of dollars per month for medical expenses and other services. In either case a birth injury lawyer can help parents to obtain compensation. A lawyer would review the medical records in order to determine if there was 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 will also take into consideration the effects of birth injuries on the future of the family's financial stability. Medical malpractice claims must be filed within a specific time frame, called a statute of limitations. The deadline for filing a claim is different from state to state. It is important to consult an experienced attorney in order to ensure that the claim is filed during the time frame allowed. The longer a lawyer waits to file a claim, the more difficult it will be to prove the negligence of a physician caused the injury. The time frame for filing an action also varies based on the type of medical provider being sued. For instance, if the nurse or doctor is employed by a government agency such as a state-owned or military hospital, there is typically a different timeline for filing a claim due to of the extra procedures that must be followed when suing a government facility. State-specific exceptions are available to the statute of limitation. The majority of states “toll” or suspend the statute of limitations if someone has been declared legally incompetent. Certain states also restrict the amount of damages victims can receive in medical malpractice cases. Georgia however, does not have any of these limitations, and the state's supreme court has ruled that compensation caps violate a victim’s right to an open jury trial. As a result, it is crucial to discuss the circumstances of your case with an experienced birth injury lawyer as soon as possible. This will enable them to examine the medical records, get expert witness testimony, and develop a timetable for filing a claim before the statute of limitations expires. Representation Having a baby is a wonderful moment but it can also be costly. Families who have been affected by medical negligence that leads to birth injuries are entitled to compensation for any additional costs and other damages due to their child's health. A knowledgeable Atlanta birth injury lawyer can assist families in establishing an argument and seek settlements that cover all expenses. A plaintiff must prove that their doctor did not meet the appropriate standard of medical care during a pregnancy or birth in order to win a claim for medical malpractice. This is typically proven by the testimony of experts who have examined medical records. They can provide an insight into how an experienced Obstetrician would handle a specific situation. A victim can receive monetary compensation when a medical professional fails to meet this standard of care, causing a birth injury. A birth injury lawyer will usually attempt to settle the claim outside of court. They are prepared to fight for the rights of their clients when negotiations do not result in a fair settlement. Their experience and knowledge of litigation will help them present an argument that is persuasive in front of the judge and jury. Dealing with the consequences of a birth injury can be emotionally and financially draining for families. A Georgia birth injury attorney will provide compassion and guidance throughout the legal process. They will work tirelessly to secure their client an equitable settlement that covers all the victim's costs, including medical bills, ongoing demands for medical care and lost wages, pain, suffering and other damages. Medical professionals are trained to keep mothers and infants safe. However, they can miss important warning signs and commit mistakes during the labor and delivery. If this happens it could lead to serious birth injuries. A seasoned Atlanta birth injury lawyer will comprehend the complexities of these cases and be able to fight for fair compensation for their clients. They have a proven track record of winning medical malpractice cases and are able to effectively represent clients in negotiations with insurance companies and healthcare providers.