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Birth Injury Lawsuits
When your child suffers a serious injury during birth due to medical negligence, the consequences can last for a lifetime. Our Atlanta birth injury lawyers help families recover compensation to cover their medical bills for the long-term and loss of future earnings.
To make a strong case we must demonstrate that healthcare providers failed to ensure a high standard of care. We gather evidence through eyewitness testimony and expert medical opinions and photos and videos.
Duty of Care
Medical staff and OB-GYN doctors are required to provide the best standard of care for their patients. This obligation is derived from the healthcare laws and the rules and regulations imposed by medical professionals and professional organizations.
A doctor who fails to meet the standards of care may be held liable for any injuries caused due to their negligence. However, a successful malpractice claim requires a thorough investigation as well as a solid case based on credible evidence, including medical records and witness testimony. An Atlanta birth injury lawyer has experience investigating these cases and know how to gather all the necessary details quickly, while the evidence is fresh.
In a Georgia malpractice lawsuit, the plaintiff is required to prove four elements: 1) that the doctor had a duty to follow the standard of care,) that a breach occurred, 3) the breach of the defendant directly caused the injuries and four) damages were triggered by the injuries. Each of these elements must be proven by an expert witness. These experts are medical professionals with extensive knowledge of their field and familiarity with accepted methods. A skilled birth injury attorney has a network of expert witnesses across the country that they can use to testify in any case.
It is not unusual for doctors with good intentions to make mistakes that harm children. These mistakes can include mistakes in diagnosis or failure to recognize the signs of stress in the fetus and medication errors, surgical errors, or failing to perform an urgent C-section.
The harm that a child suffers is often severe. A compassionate Atlanta birth injury lawyer can help these families get the compensation they deserve for all of their difficulties and losses. These losses can include medical expenses and income loss as well as the cost of ongoing medical treatment and care, pain and suffering, and mental anguish.
Grant Law Office is dedicated to helping those affected by medical malpractice, and their families, obtain the financial assistance they need to pay their future medical expenses. This includes enlisting experts in the field of medicine and finance to estimate the current and future losses and devise a sound legal strategy for seeking the maximum amount of compensation.
Breach of Duty
A duty is an obligation imposed by law that results from the relationship between two parties, for example, an expectation that you will pay your taxes or a duty not to take something from someone else. If a medical professional is obligated to you a duty, they must take reasonable care to protect your best interests. In a medical malpractice lawsuit, failing to meet this standard is termed negligence. Birth injuries, such as cerebral palsy and birth-related disabilities, are caused by this.
To prove medical malpractice, a plaintiff (in this instance the mother of the child) must prove that the healthcare professional owed them a high duty of care, and that the healthcare professional breached the duty of care by committing a negligent act. The breach must be connected to the injury suffered, which means that the healthcare professional's actions or inactions must have been different from what other doctors would have done in similar situations.
A doctor who fails to order an emergency C-section when both mother and child are in fetal distress is an instance. This is the most typical kind of medical malpractice that is claimed in a birth injury lawsuit.
A healthcare professional can also commit a breach when they act recklessly or show poor judgment. This could include administering improper medication or handling surgical procedures in a way that is not safe. In many cases medical professionals can avoid from committing a mistake by being aware the potential risks for a patient during pregnancy.
A successful medical malpractice case can help a family recover financially from a serious birth trauma. Compensation can pay for medical expenses and ongoing therapy, as well as assistive equipment, and other expenses. Our Atlanta birth injury lawyers are prepared to help victims recover the compensation they deserve. The amount of compensation you could be entitled to depends on the severity and the impact of your child's injuries. Our lawyers will carefully review your case, gather necessary evidence, and determine the amount of damages you are owed. We will then negotiate a fair settlement with you. If a settlement cannot be reached then we will prepare for trial. Contact us now if you believe your child's doctor did not follow through.
Causation
A birth injury lawsuit against a healthcare professional requires the presentation of a number of legal aspects. One of the most important elements is that the medical professional breached their obligation to patients by failing to adhere to a reasonable standard of care within their area of expertise. This aspect of a medical malpractice claim is proven through expert testimony. Atlanta birth injury lawyers employ top experts in their fields to develop a convincing case for their clients.
The next step is to establish the cause in a medical malpractice case. birth injury atlanta means that the negligent act or inactions, directly led to the victim suffering an injury. This is another crucial element and medical experts can prove that the medical professional departed from the accepted standards of their field and led to the victim being injured.
In order for a medical malpractice claim to be successful the plaintiff must prove that their injuries were legal under Georgia's law. Compensation for medical malpractice damages can include both economic and non-economic damages. Economic damages are usually granted to cover costs like rehabilitation, medical expenses and ongoing treatment loss of quality of life, and lost earnings due to having to take off from work. Non-economic damages are awarded to compensate for emotional distress, pain and suffering and mental trauma due to the injury.
A skilled Atlanta birth injury lawyer will investigate the medical documents to determine who was responsible for your child's injuries and examine how these errors could have been avoided. Depending on the circumstances the hospital or other healthcare professionals could be accountable for the error.
When a person's child is born with a serious condition, such as cerebral palsy or a serious spinal cord injury, or other mental or physical disabilities, a dedicated Atlanta birth injury lawyer can help them get financial assistance to improve their child's quality of life and help with future medical requirements. A lawyer will examine your case and present a strong claim against the parties responsible. They are aware of the science behind these types of injuries, the roles that doctors and hospital personnel play in them and how the consequences of a mishap can impact your family's future.
Damages
Whatever the best intentions of doctors are, medical errors occur. If they do, the repercussions could be devastating for families. The injuries may alter their lives for the rest of their lives and leave them with a constant need for medical treatment and other costs that will never end. The compensation awarded could help pay for these expenses and help them recover for other losses.
A family could file a birth injury lawsuit to hold the healthcare professional responsible for his or her mistake and to seek the financial compensation. The lawyer who handles the case will first gather all relevant information, including medical records. After they have gathered all the relevant information and have it all, they will present a lawsuit in court, naming both the doctor and the hospital as defendants. After that, they'll request an amount of settlement, although there is no guarantee that they will agree to a settlement.
In atlanta birth injury attorneys to the economic damages, a family could be awarded non-economic or pain and suffering damages. These are intended to cover the emotional trauma and stress that the child and his or her family endured. These aren't easy to determine however, a skilled lawyer could seek a fair settlement for the child's and his or parents the losses.
Punitive damages are intended to penalize the party at fault for their egregious behavior and deter others from engaging in similar behaviour. These damages are not common in medical malpractice cases, but they can be awarded when juries find that the defendant's conduct was particularly egregious.
If your child sustained an injury during birth due to the negligence of a medical professional, you might want to consult a specialized Atlanta birth injury lawyer immediately. The statute of limitations is the date for filing your claim for birth injury. Your lawyer will be able to tell you how long you have left.
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