How a Birth Injury Lawsuit Can Help Families Pursue Compensation

It's devastating to discover that your child suffered an birth defect due to medical malpractice. A dedicated Atlanta birth injuries lawyer could assist your family in obtaining compensation for the harm resulted from the mistake of a doctor.

A seasoned medical malpractice lawyer knows the specific medicine that is at issue and the kind of errors are considered to be malpractice. They also know how to evaluate the damages.

Damages

The injuries that children may sustain due to an error made by a doctor during labor and birth can be devastating. The infant may suffer permanent disabilities like cerebral palsy and learning difficulties. Families are entitled to compensation for their losses, and our Atlanta birth injury attorneys are dedicated to helping victims receive the maximum amount of damages that are possible.

For a Georgia family to be able to successfully make a claim for malpractice, there are several factors that must be present. The defendant must have violated the standard of medical treatment and there must be a causal link and the plaintiff has suffered compensable losses. This can be proved through evidence, such as medical records and expert testimony. Our firm works with renowned experts across the nation who can assist in establishing the legal aspects of the case.

Our team is aware of how difficult it is to deal with a medical mistake that results in life-altering and serious injuries. We are committed to holding the responsible healthcare providers accountable for their actions and making sure that they compensate their victims' significant losses. We can help clients cover medical costs, therapy, assistive equipment, and other expenses related to birth injuries.

In the case of serious or catastrophic birth injuries, punitive damages may be recouvable in addition to compensatory damages. These additional damages are aimed to penalize the healthcare professional who is responsible for their reckless and irrational behavior, and to discourage others from engaging in similar actions.


In order to start a medical malpractice suit in Georgia you must show that the doctor's actions and inactions led to the injuries. The presiding court will review the evidence and give the plaintiff what they deserve.

The severity of an injury and the effect it has on a child’s quality of life will be a major factor in determining the amount 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 employ aggressive strategies to win the most compensation possible.

atlanta birth injury lawsuit of Limitations

There is a certain standard of care that healthcare professionals must provide their patients, and when they fail to meet this expectation, they can be accountable in court. If a doctor does not adhere to the standards of care, it may cause serious harm to patients, such as birth defects and disabilities that can last for a lifetime. A dedicated Atlanta birth injury lawyer can assist clients in obtaining the compensation they deserve.

It is crucial to speak with an attorney as soon as you can. Medical malpractice claims can be complicated. Each state has a statute of limitations that sets the time frame within which a lawsuit must be filed. This is to ensure that the case is filed when the evidence and witness accounts are still fresh. In the majority of cases, lawsuits that are filed after the statute of limitations has expired will be dismissed.

The time frame for cases of birth injuries may differ based on the circumstances. This is because a lot of birth injuries aren't discovered immediately, and may not develop until a child is at school age. Certain states have widened the time limit for medical negligence cases involving children.

In general, parents have two years to file a birth injury claim in Georgia. The same is true for other medical malpractice cases. However, if the injury occurs to a child who is less than five years of age, then the time limit for a claim is extended until the child reaches five. This is to allow parents more time to figure out how serious the injury was and how it should be compensated.

A successful claim for birth injuries includes both financial and other damages. These include the cost of the child's medical treatment and future healthcare and lost wages due to parental leave in addition to pain and suffering and a diminished quality of life. These damages are figured in accordance with the medical cause of the injury, as well as the impact it had on the child's life. A dedicated Atlanta birth injuries attorney will be able to utilize his knowledge of the law and medical records to determine how to best approach each case.

Expert Witnesses

Although filing a lawsuit won't reverse the damage caused by a medical professional's mistakes however, it can help families obtain compensation to pay medical expenses and other damages. It's important to work closely with an attorney who is experienced in identifying and retaining competent experts to look over medical records, examine evidence, and provide testimony for them. This can significantly improve a family's chances of successfully holding accountable healthcare professionals for their negligence and the resulting birth injury.

Proving that a doctor breached their duty of care and caused injury is the first step in a medical malpractice lawsuit. However the law requires the plaintiff establish a direct link between the physician's actions (or the lack of) and the injuries sustained by the child. The party who was injured must establish that the damages sought are compensable. This includes the costs of any future or current medical treatment or disability, as well as pain and suffering and lost income.

A birth injury case requires a lot of medical expertise and knowledge to prove that the defendant's negligence was the cause of your child's injuries. Expert witness testimony is frequently required to bridge the gap between jurors and judges' lack of medical expertise. Expert witnesses can present medical problems in terms easy to comprehend by the average person. They can also describe a standard of care in a given situation and show the doctor's actions, or inactions that were not in line with the norm.

Although the main medical experts in a birth injury case are doctors, other healthcare professionals, such as nurses and nurse practitioners, may also be held liable. A medical malpractice lawyer can identify all potential defendants, and determine who is responsible for the birth injury suffered by your child.

Medical malpractice cases can be extremely complex, and it requires an experienced attorney to navigate the legal system to get justice for injured victims. Parents should seek the help of an Atlanta birth injury lawyer who can evaluate the details of their case, build a strong case for negligence and hold the negligent doctor, hospital or other healthcare professional accountable for their negligent actions.

Medical Records

Medical records are crucial to determine the extent of damages in a birth injury lawsuit. In addition to a financial award that covers future and past medical expenses, families of children who suffered from injuries during the birth process can also receive a payment to cover the loss of income if their child's condition caused them to be unable to work, and also non-economic damages for pain and suffering. Our Atlanta lawyers have the experience and resources to help families receive fair and full 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 can be defined as the amount of care a healthcare professional in the same position would provide. The plaintiff must prove that the healthcare provider acted in violation of the standard care, which resulted in the injury of their child. They must also prove that their child's injuries resulted in compensable damages such as medical costs or loss of income, permanent disability, or emotional distress.

In a few cases, negligent healthcare professionals are found liable for punitive damages, which are designed to punish those responsible for their carelessness or negligence and discourage others from repeating the same mistakes in the future. A compassionate and knowledgeable Atlanta birth injury lawyer can help victims get justice and hold accountable the accountable parties.

An attorney will go through the medical documents to determine if there's any evidence of negligence. A competent birth injury lawyer will consult with medical experts who can prove that the doctor or hospital failed to meet a standard of care, and that this failure caused your child's injuries.

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 can make a court filing. A skilled and experienced birth injury lawyer will be well-versed in the legal and medical aspects of this complex legal issue and can negotiate with the insurance company or responsible party to ensure the best possible outcome.