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How a Birth Injury Lawsuit Can Help Families Pursue Compensation The realization that your child suffered an injury at birth due to medical malpractice is a devastating experience. A devoted Atlanta birth injury lawyer can help you get your family compensation for the harm caused by the mistake of a doctor. A seasoned medical malpractice attorney understands the medicine at issue and what kind of errors are considered malpractice. They know how to value the damages. Damages The injuries that children may sustain due to a medical mistake during labor and birth can be devastating. The child could suffer permanent disabilities such as cerebral palsy and learning delays. Families are entitled to compensation for their losses, and our Atlanta birth injury lawyers are dedicated to helping victims receive the maximum amount of damages possible. There are several elements that must be present in order for an individual or family to be able to successfully file a malpractice claim in Georgia. The defendant must have violated the standard of medical care There must be a causation and the plaintiff has suffered compensable damages. This can be proven through evidence, including medical records and expert testimony. Our firm collaborates with experts from all over the country that can help establish these elements in a legal matter. Our team understands how difficult it can be to confront an error in medical care that leads to serious and life-changing injuries. We are determined to hold accountable healthcare providers for their actions and ensuring that they pay for the losses of their victims. The financial support we provide to clients can help cover medical expenses, therapy, assistive devices, and other costs that arise from birth injuries. In the case of serious and catastrophic birth injuries, we may be able to obtain punitive damages in addition to the underlying compensatory damages. These additional damages are designed to penalize the healthcare professional who is responsible for their reckless and irrational behavior, and to discourage others from engaging in similar actions. A medical malpractice lawsuit in Georgia requires evidence that the doctor's actions or inactions caused the injuries. The judge will look over the facts and give the plaintiff what they deserve. The severity of the injury and its impact on a child's quality life will play an important part in determining the value of the claim. Our lawyers will engage experts in both financial and medical fields to estimate the future costs of a child's medical treatment, as well as other expenses. We will then use aggressive legal strategies to fight for the highest amount of compensation available. Statute of Limitations Healthcare professionals are required to provide a certain amount of care to their patients. If they fail to fulfill this obligation, they can be held accountable by the court. When a medical professional deviates from the norm this could have serious consequences for the patient including injuries like birth defects and lifelong disabilities. A dedicated Atlanta birth injury lawyer could help clients pursue the compensation they deserve. Medical malpractice cases are usually complicated, but it is essential to consult with an attorney early on. Every state has a law which limits the period in the period that a lawsuit can be filed. atlanta birth injury attorneys is to ensure that the case is filed when physical evidence and witness accounts are still fresh. In most instances, a claim that is submitted after the time limit has expired will be dismissed. The time limit for cases involving birth injuries can vary based on the specific circumstances. This is due to the fact that many birth injuries don't become apparent until the child is of school age. Certain states have extended the time limit for medical malpractice cases involving children. In Georgia the state, parents generally have two years to bring an action for birth injuries. The same is true for the majority of medical malpractice claims. However, if the injury is sustained by a child who is less than five years of age, then the limitation period is extended until the child is five years old. This gives the parents more time to figure out the severity of the injury 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, the 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 reason for the injury and the damage it has caused to the child's future. A committed Atlanta birth injuries lawyer will be able to utilize his knowledge of the law as well as medical documents to determine the best approach each case. Expert Witnesses Although a lawsuit can't stop the damage caused by a medical professional's errors however, it can help families obtain compensation to pay medical expenses and other related damages. It is, however, essential for parents to work with an experienced lawyer who can identify and retain competent experts to examine medical records, evaluate evidence and give testimony on their behalf. This can greatly increase a family's chances of successfully making accountable healthcare professionals for their careless actions and the birth injury that resulted. In a medical malpractice lawsuit, the first step is to show that the doctor breached their duty of caring and caused an injury. However, the law requires that the plaintiff establish a direct link between the actions of the doctor (or absence of them) and the injuries suffered by the infant. The person who is injured must establish that the damages sought are compensated. This includes the cost for future and present medical care and disability, as well as pain and suffering, as well as lost income. In order to show that the defendant was negligent in causing your child's injuries, you will need vast medical knowledge. Expert witness testimony is often needed to bridge the gap between jurors and judges' lack of knowledge in medical matters. Expert witnesses can present medical issues in terms that are easy to comprehend by the average person. They can also explain the standards of care required for specific situations and demonstrate the way in which the doctor's actions or lack thereof deviated from the norm. Other healthcare professionals such as nurses and nurse practitioners could be held accountable. An experienced medical malpractice attorney will be able to identify all of the potential defendants and determine who is responsible for your child's birth injury. Medical malpractice cases are extremely complex, and require an experienced lawyer to navigate the legal system and obtain justice for injured patients. Parents should seek the assistance of an Atlanta birth injury lawyer who can assess the specifics of their case, create a strong case for negligence and hold a negligent hospital, doctor or other healthcare professional accountable for their negligent actions. Medical Records The medical records provided in a birth injury lawsuit are vital to determine the amount of damages awarded. In addition to a financial award that covers future and past medical costs, families of children who suffered from injuries sustained during birth and labor process could also receive a payout to replace lost income if their child's illness has caused them to miss work, and also non-economic damages for pain and suffering. Our Atlanta lawyers have the expertise and resources to assist families recover full and fair compensation for their losses. A successful medical malpractice claim requires the proof of three essential elements: Breach of Standard of Care, Causation, and Damages. The standard of care can be defined as the level of care that a healthcare professional in a similar position would provide. The plaintiff must show that the healthcare provider did not meet the standard of care which directly led to the injuries suffered by their child. They must also prove their child's injuries caused compensable damages like medical expenses, loss of income, permanent disability, or emotional distress. In certain cases, negligent healthcare professionals may be held accountable for punitive damages. These are intended to punish them for their extreme inattention or carelessness and also to discourage others from committing acts similar in the future. A caring and experienced Atlanta birth injury attorney can help victims seek justice and hold the accountable parties accountable. The first step in the legal procedure is for an attorney to look over the medical records and determine if there's any indications of negligence. A qualified birth injury attorney will consult with medical experts who can demonstrate that the doctor or hospital failed to meet the standard of care and that the failure resulted in the injuries to your child. Once the facts are established, your lawyer will draft and send a demand letter to the malpractice insurance company of the hospital or doctor. If a settlement cannot be reached, your attorney may file a court case. A birth injury lawyer who is experienced and skilled will be well-versed with both the legal and medical aspects of this complex legal matter. He or she can find the best possible solution with the insurance company or the person responsible for the injury.