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Birth Injury Lawsuits
When your child suffers an injury that is serious during birth due to medical negligence, the consequences can be a long-lasting issue. Our Atlanta birth injury lawyers help families obtain compensation for long-term medical bills and loss of future income.
To establish a convincing argument, we must show that healthcare professionals did not maintain a high standard of care. We gather evidence by obtaining eyewitness testimony, expert medical opinions, and photos and videos.
Duty of Care
Medical staff and doctors who treat OB-GYN patients have a duty to offer patients the highest level of medical care. This obligation is derived from the healthcare laws as well as the rules and regulations established by medical professionals' professional organizations.
A physician can be held responsible for injuries caused by negligence if they fail to adhere to the standard. However, a successful malpractice claim requires a thorough investigation and an argument that is based on credible evidence, including medical documents and eyewitness testimony. An Atlanta birth injury lawyer is experienced in investigating these cases and know how to gather all the necessary information quickly while the evidence is fresh.
In a Georgia malpractice lawsuit, the plaintiff has to establish four elements: 1) the duty of the doctor to follow the standard of care; 2)) the breach of that duty occurred; 3) the breach by the defendant directly caused the injury and 4) the injury resulted in damages. Each element must be determined by an expert witness. They are medical professionals who have extensive experience and knowledge in their field. A qualified birth injury attorney has a network of expert witnesses across the nation who they can use to testify in any case.
Although most birth injuries are the result of medical negligence, it is not uncommon for doctors who are well-meaning to make mistakes that harm the child. 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 a C-section in a hurry.
The damage that the child suffers can be devastating. A caring Atlanta birth injury lawyer can help families get the compensation they deserve for their hardships 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 stress.
The lawyers at Grant Law Office are dedicated to helping the victims of medical malpractice and their family members get the financial assistance they require to cover their future medical needs. 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 a legal obligation that arises from a relationship, such as an expectation that you pay taxes or not to take something from someone else. A medical professional who owes an obligation to you must act in your best interest. In a medical malpractice lawsuit the failure to adhere to this standard is termed negligence. Birth injuries, like cerebral palsy and birth-related disabilities are caused by this.
In order to prove medical malpractice the plaintiff (in this instance the mother of the child) must prove that the healthcare professional was responsible for a high level of care and that they violated that duty by acting negligently. The breach must also be linked to the injuries suffered by the plaintiff and this requires proving that the healthcare professional's actions or inaction deviated from what other medical professionals would have done under similar circumstances.
A good example of this is the doctor who does not order an emergency C-section when the mother and baby are in distress in the fetus. This is the most common kind of medical malpractice that's being alleged in birth injury cases.
Another type of breach is when a healthcare professional acts recklessly or exhibits poor judgment. This can include administering incorrect medications or ignoring surgical procedures. In many cases, medical professionals can prevent mistakes by being aware of the possible risks to pregnant women.
A successful medical malpractice case can help a family recover financially from a severe birth trauma. Compensation could cover medical expenses, ongoing therapy, assistive equipment, and other losses. Our Atlanta birth injury lawyers are prepared to assist victims in obtaining the compensation they are entitled to. The damages you could receive depend on the severity of your child's injuries as well as the impact they'll have on their life in the future. Our attorneys will thoroughly review your case, gather required evidence, and then determine what compensation you are entitled to. We will then collaborate with you to negotiate an acceptable settlement. If no settlement is reached, we will then prepare to go to trial. Contact us today if you believe your child's doctor committed negligence.
Causation
The process of bringing a birth injury lawsuit against a healthcare professional requires the presentation of a number of legal aspects. One of the most crucial elements is that the medical professional breached their obligation to patients by not adhering to a reasonable standard of care within their field of expertise. Expert testimony is used to establish the basis of a claim for medical malpractice. Atlanta birth injury attorneys will consult the best experts in their field to build a strong argument for their clients.
The next element of a medical malpractice case is causation, meaning that the negligent actions or failures to act directly resulted in injury to the patient. It is an essential element and expert medical witnesses will prove that the medical professional was deviating from the accepted standards of medical practice in their field, which resulted in the victim suffering an injury.
In order for a claim based on medical malpractice to be successful, the plaintiff must also show that their injuries are legally compensable under Georgia's law. The compensation for medical malpractice can be a combination of economic and non-economic damages. Economic damages are usually awarded to cover costs such as medical expenses, rehabilitation of ongoing treatment loss of quality of life, and lost wages due to taking off from work. Non-economic damages are awarded for emotional distress or discomfort, and mental anguish that results from the injury.
A experienced Atlanta birth injuries lawyer will examine the medical records to determine who is responsible for your child’s injuries and how they could have been avoided. Based on the circumstances, other healthcare professionals or even the hospital itself may be liable for the medical malpractice.
If a child is born with a severe condition such as cerebral palsy or a serious spinal cord injury or other mental or physical disabilities, a dedicated Atlanta birth injury lawyer can assist them in obtaining financial assistance to improve the quality of their child's life and to cover future medical requirements. An attorney will be diligent to investigate your situation and file a compelling claim against the parties responsible. They know the science behind these kinds of injuries, the roles that hospital staff and doctors have in them, and the consequences of a mishap can affect the future of your family.
Damages
Whatever the best intentions of doctors are, medical errors occur. If they do, the repercussions can be devastating to families. Their lives can be forever changed due to the injuries, and they will require medical attention. The damages that are awarded will allow them to pay for those expenses and compensate for their other losses.
A family may start a lawsuit for birth injuries to ensure that the healthcare professional is held accountable for the error and to recover the financial compensation. atlanta birth injury attorneys handling the case will first gather all relevant information, including medical records. After they have gathered all the information they will present a lawsuit in court and name both the doctor and the hospital as defendants. They can then ask for an agreement, but there is no guarantee that they will agree to one.
A family could be awarded damages for pain and suffering or non-economic damages in addition economic damages. atlanta birth injury lawsuit are meant to compensate the family of a child for the emotional distress and trauma they suffered. These settlements can be difficult to calculate, but a knowledgeable lawyer can try to negotiate an equitable settlement to compensate the child as well as his or her parents for the losses they suffered.
There are also punitive damages which are designed to punish the party at fault for their egregious behavior and discourage others from engaging in similar behavior. They are not common in medical malpractice cases, however they could be awarded if the jury believes that the defendant's actions were particularly reckless or egregious.
If you suspect that your child has suffered injuries related to birth because of the inattention or negligence of the healthcare professional it is essential to speak with an Atlanta birth injury lawyer as soon as you can. The statute of limitations is the deadline by which you must file your claim for birth injury. Your lawyer can tell you how long you have left.
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