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How a Birth Injury Lawsuit Can Help Families Pursue Compensation Discovering that your child sustained a birth injury due to medical negligence is devastating. A dedicated Atlanta birth injuries lawyer could help your family receive compensation for the damage caused by the doctor’s mistake. A seasoned medical malpractice attorney understands the medicine at issue and what kind of errors are considered to be malpractice. They know how to value damages. Damages The injuries that children can suffer due to an error in medical care during labor and birth are often catastrophic. The child may be left with permanent disabilities, such as cerebral palsy and learning delays. Our Atlanta birth injury lawyers work hard to ensure that the victims receive the most compensation they can. In order for a Georgia family to be able to successfully bring a malpractice lawsuit, there are several factors that must be present. The defendant has to have violated the standard of medical treatment and there must be a causal link and the plaintiff is a victim of compensable damages. This can be proved through evidence like medical records, expert testimony and other documents. Our firm collaborates with experts from all over the country who can assist in establishing these aspects in a legal case. Our team is aware of how difficult it is to deal with a medical mistake that causes serious and life-changing injuries. We are committed to holding medical professionals accountable for their actions and ensuring they are liable for the victims' substantial losses. We can assist clients with the cost of therapy, medical bills aids, assistive equipment, and other costs related to birth injuries. In atlanta birth injury attorneys of severe or catastrophic birth injuries, punitive damages could be recoverable in addition to compensatory damages. These additional damages are intended to penalize the healthcare professional who is responsible for their reckless and deliberate behavior, and to discourage others from engaging in similar conduct. A medical malpractice lawsuit in Georgia requires evidence that the doctor's actions or inactions caused the injuries. The court's presiding judge will examine the evidence and award the plaintiff the amount they are due. The severity of the injury and its impact on a child's quality life will play an important role in determining the value of the claim. Our lawyers will engage medical and financial experts to determine the future cost of the child's medical treatment and other related expenses. We will then use aggressive strategies to fight for maximum compensation. Statute of limitations There is a specific standard of care that healthcare professionals must provide their patients, and when they fail to meet the standard of care, they can be held accountable in court. When a medical professional deviates from this standard it could have severe consequences for the patient, for example, birth defects and lifelong disabilities. A dedicated Atlanta birth injury lawyer can help clients pursue the compensation they deserve. Medical malpractice lawsuits are typically complex, however it is essential to consult with an attorney early on. Every state has a statute of limitations which sets the time frame within which lawsuits must be filed. This guarantees that the case will be filed while the evidence and witness reports are still fresh. In the majority of cases, lawsuits that are filed after the statute of limitations has been lapsed will be dismissed. The time frame for cases of birth injuries may differ based on the circumstances. This is because the majority of birth injuries don't show up until the child reaches school age. Certain states have extended the statute of limitation for medical negligence cases involving children. In Georgia, parents generally have two years to bring claims for birth injuries. This is the same for most other medical malpractice claims. If the injury occurs to a child younger than five, the statute of limitation is tolled until that child reaches five. This allows parents more time to assess the extent of the injury and determine how the compensation should be distributed. A successful claim for birth injuries includes both financial and other damages. These include the cost for the child's future medical and medical treatment, loss of wages due to parental leave as well as the pain and suffering and the loss of quality of life. The amount of damages is calculated in relation to the medical reason of the injury and the impact it has had on the child's life. A dedicated Atlanta birth injuries lawyer can use his knowledge of the law as well as medical documents to determine the best handle each case. Expert Witnesses While a lawsuit cannot undo 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 closely with an experienced lawyer who can locate and secure experts who are qualified to examine medical records, evaluate evidence and provide testimony on their behalf. This will increase a family's chances of successfully holding medical professionals accountable for their negligence and birth injuries. Finding out if a doctor acted in breach of their duty of care and caused harm is the first step in a case of medical malpractice. The law requires, however, that the plaintiff establish a direct link between the doctor's (or absence of) actions and the injuries suffered by the child. In addition the plaintiff must prove that the damages they seek are compensated. This includes the costs of any future or current medical treatment as well as disability, pain and suffering and lost income. To prove that the defendant was negligent in causing your child's injury, you will need an extensive understanding of medical science. Because jurors and judges don't have a deep medical knowledge Expert witness testimony is often necessary to make up the gap. Expert witnesses can present medical issues in terms that can be easily understood by the average person. They can also describe a standard of care in an instance and also demonstrate the doctor's actions, or lack thereof, that deviated from the norm. Other healthcare providers like nurses and nurse practitioners may also be accountable. A skilled medical malpractice attorney will be able to determine all of the potential defendants and determine who is responsible for the birth injury your child sustained. Medical malpractice cases can be extremely complex, and require an experienced lawyer to navigate the legal system and obtain justice for the injured. Parents should seek the assistance of an Atlanta birth injury lawyer who will evaluate the details of their case, create an effective case of negligence and hold a negligent hospital, doctor or other healthcare professional accountable for their careless actions. Medical Records Medical records are essential to determine damages in a birth-injury lawsuit. In addition to a financial award that pays for past and future medical expenses, parents of children who sustained injuries during the birth process can also receive a payment to compensate for the loss of income if their child's illness has caused them to miss work, as well as non-economic damages for pain and suffering. Our Atlanta lawyers have the required skills and resources to help families recover the full and fair amount of compensation. A successful medical malpractice case requires the proof of three essential elements: Breach of the Standard of Care, Causation, and damages. The standard of care can be defined as the standard of care that a healthcare professional in the same position would provide. The plaintiff must show that the healthcare provider violated the standard of care and caused their child's injury. They must also show that their child's injuries resulted in compensable damages, for example, medical expenses as well as loss of earnings, permanent disability and emotional distress. In certain cases, negligent healthcare professionals may be held accountable for punitive damage awards. They are intended to punish them for their extreme inattention or carelessness, and to deter others from doing the same in the future. A caring and skilled Atlanta birth injury lawyer can help victims pursue justice and hold responsible parties accountable. The first step in the legal procedure is for a lawyer to review the medical records and determine if there is any indications of negligence. A competent birth injury lawyer will consult with medical experts who can demonstrate that the doctor or the hospital did not adhere to the standard of care and that the failure resulted in your child's injuries. After the facts are established, an attorney will prepare a demand package and send it to the hospital's doctor or malpractice insurance provider. If a settlement cannot be reached, your attorney can start a court case. A skilled and experienced birth injury lawyer will be well-versed in the medical and legal aspects of this tangled legal issue, and he or she can negotiate with the insurance company or other responsible party for the best possible outcome.