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Birth Injury Lawsuits
If your child suffers an injury that is serious in the birth due to medical negligence, the repercussions could last for a lifetime. Our Atlanta birth injury lawyers help families obtain compensation to cover their medical bills for the long-term and lost future earnings.
To establish a convincing argument, we must show that healthcare professionals failed to maintain the highest standards of medical care. We gather evidence by obtaining eyewitness testimony as well as expert medical opinions and photographs and videos.
Duty of Care
Medical staff and doctors who treat OB-GYN patients are obliged to offer patients the highest level of care. This obligation is derived from the laws that govern the healthcare industry, and the rules and regulations established by medical professionals' professional associations.
A doctor could be held accountable for injuries caused by negligence if they fail to meet the standards. However, a successful malpractice claim requires a thorough investigation and an argument that is based on credible evidence, including medical records and eyewitness testimony. A birth injury lawyer in Atlanta is familiar with investigating these cases and understands how to quickly collect information and efficiently, even though the evidence is still in its infancy.
In a Georgia malpractice lawsuit, the plaintiff needs to prove four things one of which is) that the doctor was under an obligation to adhere to the standard of care, 2) that a breach occurred, 3) the breach of the defendant directly caused the injuries, and 4) damages were triggered by the injuries. Each element must be determined by an expert witness. They are medical professionals who have extensive experience and know-how in their area of expertise. A skilled birth injury lawyer will have a nationwide network of expert witnesses they can rely on to be a witness.
It is not unusual for doctors with good intentions to make errors that cause harm to children. These mistakes can include the wrong diagnosis or inability to recognize the presence of fetal stress or medication errors, surgical errors, or failure to perform a C-section urgently.
The damage that the child suffers is often severe. atlanta birth injury lawsuit caring Atlanta birth injury lawyer can assist families to receive the compensation they deserve for their losses and hardships. These losses could include medical expenses loss of income, permanent treatment, mental anguish, and suffering and suffering.
Grant Law Office is dedicated to helping those affected by medical malpractice, and their families, receive the financial assistance they need to pay the future medical bills. This involves hiring medical and financial experts to calculate the current and future losses and then putting together a legal strategy to pursue the maximum amount of compensation.
Breach of Duty
A duty is an obligation that is borne out of an existing relationship. For example the obligation to pay taxes or not to steal. If a medical professional owes you a duty, they have to exercise reasonable care in your best interests. In the case of medical malpractice, failure to meet this standard can be called negligence. This is the reason for birth injuries, which include cerebral palsy, as well as other birth-related disabilities.
To prove medical malpractice, a plaintiff (in this case the child's mother) must prove that the healthcare professional had a duty of care and that the healthcare professional breached this duty by acting negligently. The breach must be connected to the injury sustained by the healthcare professional’s actions or inactions must differ from what other doctors would have done in similar circumstances.
A good example of this is the failure of a doctor to request an emergency C-section if the mother and baby are in distress in the fetus. This is the most frequent type of medical malpractice alleged in a case of birth injury.
A healthcare professional can also be guilty of a breach if they are reckless or display poor judgment. This could include administering improper medication or handling surgical procedures in a way that is not safe. In a lot of cases the risk of negligence is avoided by medical professionals who are aware of the risks that could affect a newborn patient.
A successful medical malpractice claim can help families financially recover from a severe birth injury. Compensation can pay for medical expenses as well as ongoing therapy, assistive equipment, and other expenses. Our Atlanta birth injury lawyers are prepared to assist victims in obtaining the compensation they deserve. The amount you will receive depend on the severity of your child's injuries as well as the impact they will have on their lives going forward. Our attorneys will carefully examine your case, gather the relevant evidence, and determine what damages you are owed. We will then assist you in negotiating an equitable settlement. If a settlement cannot be reached we will prepare for trial. Contact us today if suspect your child's physician committed negligence.
Causation
To bring a lawsuit against a healthcare professional over a birth injury, you must prove several legal elements. One of the most important elements is that the medical professional breached their obligation to patients by not adhering to the appropriate standard of care in their specialty. This element of a medical malpractice case is established by evidence from experts, and Atlanta birth injury lawyers will consult top-tier experts in their fields to develop a convincing case for their clients.
Causation is the next element in the medical malpractice case. This means that the negligent actions or the failure to act, directly led to injuries to the patient. Again, this is a crucial element and expert medical witnesses will provide evidence that the medical professional was deviating from the accepted standards of care in their field, which resulted in the victim suffering an injury.
In order to win an action for medical malpractice, the plaintiff will also have to prove that their injuries are legal under Georgia law. Compensation for medical malpractice can include both economic and non-economic damages. Economic damages are awarded to cover medical expenses as well as ongoing treatment, loss of quality of life, as well as lost earnings due to time off from work. Non-economic damages may be awarded for emotional distress as well as pain and discomfort and mental anguish that results from the injury.
A skilled Atlanta birth injuries lawyer will examine the medical records in order to determine who is accountable for the injuries your child sustained and the ways they could have been avoided. Depending on the circumstances, the hospital or other healthcare professionals may be accountable for the error.
When a person's child is born with a severe condition, such as cerebral palsy, serious spinal cord injury, or other physical or mental disability, a dedicated Atlanta birth injury attorney can assist them in obtaining financial support to improve their child's quality of life and help with future medical needs. An attorney will look into your case and file a strong claim against the accountable parties. They understand the scientific basis for these injuries, the role that doctors and hospital staff plays in their care, and how a mistake could affect the future of your family.
Damages
Regardless of how well-intentioned doctors are, medical mistakes happen. When they do, the consequences could be devastating for families. Their lives may be forever changed by the injuries, and they will continue to require medical attention. The compensation they receive will allow them to pay for those expenses and help them recover from other losses.
A family may bring a lawsuit based on birth injury to hold a medical professional accountable for their error and also to get financial compensation. The lawyer handling the case will first collect all relevant information, including medical records. Once they have gathered all the information and have it all, they will bring a lawsuit to court with the doctor and the hospital as defendants. They will then request an agreement but there is no guarantee that they will accept one.
In addition to financial damages, a family may be awarded non-economic or pain and suffering damages. These are meant to pay for the emotional trauma and stress that a child and his or family members endured. They aren't easy to determine however, a skilled lawyer could seek a fair settlement for the child's and his or her parents the losses.
There are also punitive damages which are designed to penalize the at-fault party for his or her egregious actions and discourage others from engaging in similar behavior. They are not common in medical malpractice cases but could be awarded if the jury believes that the defendant's actions were particularly egregious or reckless.
If you suspect that your child has suffered an injury related to birth due to the carelessness or negligence of the healthcare professional, it is important to speak with an Atlanta birth injury lawyer as quickly as possible. The statute of limitations is the time limit for filing your claim for birth injury. Your lawyer can tell you how long you have.
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