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Birth Injury Lawsuits
When your child is injured during birth as a result of medical negligence, it can have long-lasting consequences. Our Atlanta birth injury attorneys help families recover compensation for their long-term medical bills and loss of future income.
To build a convincing case, we need to prove that healthcare providers failed to ensure a high standard of care. We gather evidence through eyewitness testimony and expert medical opinions and photographs and videos.
atlanta birth injury lawyer of Care
OB-GYN physicians and medical staff are required to provide the highest standard of care for their patients. This obligation stems from the laws that govern the healthcare industry and the rules and regulations set by medical professional associations.
A physician can be held responsible for injuries caused by negligence if they fail to adhere to the standard. A successful malpractice case will require a thorough investigation as well as a solid case based on credible evidence like medical documents and eyewitness testimony. A birth injury lawyer in Atlanta is familiar with investigating these cases and knows how to quickly collect information, while the evidence is still in its infancy.
In a Georgia malpractice lawsuit, the plaintiff is required to prove four elements: 1) that the doctor owed obligation to observe the standard of care, 2)) that a breach occurred, 3) the defendant breach directly caused the injuries and four) damages were caused by the injuries. Each of these elements must be proven by an expert witness. These experts are medical professionals who have extensive experience in their field as well as expertise in accepted practices. A qualified birth injury lawyer will have access to a nationwide network of expert witnesses they can rely on to testify.
While most birth injuries are the result of medical negligence, it is not uncommon for doctors who are well-meaning to make mistakes and hurt a child. These mistakes could include mistakes in diagnosis or failure to recognize fetal stress, medication errors, surgery errors, or failure to perform a C-section in a hurry.
The damage that the child suffers can be devastating. A compassionate Atlanta birth injury lawyer can assist families to receive 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 and treatment in the form of pain and suffering and mental anguish.
Grant Law Office is dedicated to helping patients affected by medical malpractice, as well as their families, receive the financial support they need to cover their medical bills in the future. This involves hiring medical and financial experts to assess current and future losses, and develop a legal strategy to obtain the highest amount of compensation.
Breach of Duty
A duty is a legal obligation that arises from an agreement, like the expectation that you pay taxes or a promise not to rob. A medical professional who has a duty to you must act in your best interest. In the event of a medical malpractice lawsuit, failure to meet this standard could be deemed negligence. This is what leads to birth injuries, including cerebral palsy and other birth-related disabilities.
To prove medical malpractice, the plaintiff (in this case the mother of the child) must prove that the healthcare professional owed her an exceptional level of care, and that they breached that duty in their negligence. The breach has to be tied to the injury sustained, which means that the healthcare professional's actions or inactions should differ 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 a prime example. This is the most typical type of medical malpractice accused in birth injury cases.
A healthcare professional can also be guilty of a breach if they are reckless or display poor judgment. This could be due to administering incorrect medication or handling surgical procedures in a way that is not safe. In a lot of cases, medical professionals can prevent mistakes by being aware of the potential risks for a patient during pregnancy.
A successful medical malpractice case can aid a family in recovering financially from a devastating birth trauma. Compensation can cover medical costs and ongoing therapy, as well as assistive devices and other expenses. Our Atlanta birth injury lawyers are prepared to help victims receive the compensation they deserve. The amount you could be entitled to depends on the severity and the impact of your child's injury. Our attorneys will carefully examine your case, gather necessary evidence, and determine what compensation you are entitled to. We will then collaborate with you to negotiate a fair settlement. If a settlement cannot be reached, we will prepare for trial. If you believe that the medical professional treating your child committed negligence, please contact us now to start your birth injury claim.
Causation
To bring a lawsuit against a healthcare professional over a birth injury, you must prove several legal elements. One of the most crucial elements is that the medical professional breached their duty to patients by failing to adhere to an acceptable standard of care in their area of expertise. This aspect of a medical malpractice case is proven through expert testimony, and Atlanta birth injury lawyers will employ top experts in their field to develop a convincing case for their clients.
The second element of a claim for medical malpractice is causation, which means that the negligent act or failures to act directly caused injury to the patient. It is a crucial element and expert medical witnesses can be able to prove that the medical professional deviated from the accepted standards of medical care in their field, which resulted in the victim suffering an injury.
In order to win a medical malpractice lawsuit the plaintiff will need to prove that their injuries are legal under Georgia law. Compensation for medical malpractice damages may include both economic and non-economic damages. Economic damages are awarded to pay for medical expenses as well as ongoing treatment, loss of quality of life and lost earnings due to time off from work. Non-economic damages may be awarded for emotional distress, pain and discomfort, and mental apprehension resulting from the injury.
A skilled Atlanta birth injury lawyer will scrutinize the medical records in order to determine who is responsible for the injuries your child sustained and the ways they could have been avoided. Based on the circumstances, other healthcare professionals or even the hospital itself may be liable for the medical malpractice.
A dedicated Atlanta birth injury lawyer can aid parents whose children are born with a serious disability such as cerebral palsy or severe spinal injuries. They can also seek financial assistance to improve the quality of life for their child and pay for future medical expenses. An attorney will be diligent to investigate your situation and file an argument that is persuasive against the accountable parties. They are aware of the science behind these kinds of injuries, the roles doctors and hospital personnel have in them, and the consequences of a mishap can impact your family's future.
Damages
No matter how well-intentioned doctors are, medical errors occur. The consequences of medical mistakes can be devastating for families. The injuries could alter their lives forever and leave them with a constant need for medical treatment and other expenses that will never cease. The damages awarded can assist in paying for these costs and also compensate them for other losses.
A family can start a lawsuit for birth injuries to ensure that the healthcare professional is held accountable for the error and to seek financial compensation. The lawyer who handles the case will gather all pertinent information, including medical records. After they have gathered all the relevant information, they will present a lawsuit in court and name both the hospital and the doctor as defendants. After that, they'll ask for an amount of settlement, although there is no guarantee that they will agree to a settlement.
In addition to financial damages, a family may be awarded non-economic, pain and suffering damages. These are meant to pay for the emotional trauma and stress that the child and his or family suffered. They aren't easy to determine but a savvy attorney could try to obtain an equitable settlement for the child's as well as his or her parents' losses.
Punitive damages are designed to punish the person at fault for their egregious behavior and deter others from engaging in similar behavior. They are not common in medical malpractice cases but could be awarded if the jury finds that the defendant's actions were particularly reckless or egregious.
If you believe that your child has suffered a birth-related injury due to the negligence or carelessness of the healthcare professional, it is important to speak with an Atlanta birth injury lawyer as soon as you can. The statute of limitations is the date by which you must file your claim for birth injury. Your lawyer will be able tell you how much time you have.
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