5 Must-Know Atlanta Birth Injury Lawsuit Practices For 2023
Birth Injury Lawsuits
When your child suffers an injury of a serious nature at birth due to medical negligence, the effects can last a lifetime. Our Atlanta birth injury lawyers help families seek compensation to pay for their long-term medical needs and lost future earnings.
To build a strong case we must show that healthcare providers did not keep up with the highest standards of care. We gather evidence by using eyewitness testimony, expert medical opinions, photographs and videos.
Duty of Care
Medical staff and OB-GYN doctors are required to provide the best quality of care to their patients. This obligation is derived from the laws governing the healthcare industry and the rules and regulations imposed by medical professionals professional institutions.
A doctor can be held accountable for any injuries resulting from negligence if they fail adhere to the standard. A successful malpractice case will require a thorough investigation as well as a solid case based on credible evidence such medical records and eyewitness testimony. An atlanta birth injury lawyer (Click On this page) has experience investigating these cases and know how to gather the required information quickly, while evidence is fresh.
In a Georgia malpractice lawsuit, the plaintiff needs to prove four things that include: 1)) that the doctor had a duty to follow the standard of care, 2)) that a breach occurred, 3) the breach by the defendant directly caused the injuries and 4) damages were caused by the injuries. Each of these elements must be proven by an expert witness. These experts are medical professionals with extensive experience in their field and knowledge of accepted practices. A qualified birth injury attorney will have an extensive network of expert witnesses throughout the country who they can rely on to testify in each case.
Although most birth injuries are the result of medical negligence, it is not uncommon for doctors with good intentions to make mistakes and hurt children. These errors can result in mistakes in diagnosis or failure to recognize the presence of fetal stress, medication errors, surgery mistakes, or inability to perform an urgent C-section.
The damage that the child suffers can be severe. A compassionate Atlanta birth injury atlanta injury lawyer can help families receive the compensation they deserve for all their losses and hardships. These losses can include medical expenses, loss of income and the cost of long-term medical treatment and care, pain and suffering, and mental anguish.
Grant Law Office is dedicated to helping patients affected by medical malpractice, as well as their families, get the financial aid they require to cover the future medical bills. This includes hiring medical and financial experts to assess their current and future losses and Atlanta birth injury lawyer develop a sound legal strategy to seek maximum compensation.
Breach of Duty
A duty is an obligation that is borne out of an existing relationship. For example, a duty to pay taxes or not rob. A medical professional who has the obligation to you must act in your best interest. In the event of a medical malpractice lawsuit the failure to adhere to this standard can be called negligence. This is what causes birth injuries, which include cerebral palsy, as well as other birth-related disabilities.
To prove medical malpractice, the plaintiff (in this instance the mother of the child) must prove that the healthcare professional was obligated to provide an exceptional level of care, and that they acted in breach of that duty in their negligence. The breach must also be linked to the injuries that the plaintiff suffered and this requires proving that the healthcare professional's actions or inaction deviated from what other medical professionals would have done in similar circumstances.
A doctor who does not order an emergency C section when both mother and child are in distress is one example. This is the most typical kind of medical malpractice that is alleged in a birth injury lawsuit.
Another form of breach occurs when healthcare professionals are reckless or displays poor judgment. This could include administering improper medications or ignoring surgical procedures. In a lot of cases, negligence is preventable by medical professionals who are aware of the dangers that can affect a birthing patient.
A successful medical malpractice claim can help a family financially recover from a severe birth injury atlanta injury. Compensation can cover the cost of medical treatment as well as ongoing therapy, assistive devices and other losses. Our Atlanta birth injury lawyers are ready to assist victims in obtaining the compensation they deserve. The amount you will get depend on the severity of your child's injuries and the impact they'll have on their lives in the future. Our attorneys will carefully examine your case, collect the relevant evidence, and determine the amount of damages you are entitled to. 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
Bringing a birth injury lawsuit against a healthcare provider requires the presentation of a number of legal aspects. One of the most crucial elements is that the medical professional violated their obligation to patients by failing to adhere to an acceptable standard of care in their area of expertise. This aspect of a medical malpractice claim is established through expert testimony, and Atlanta birth injury lawyers will seek out top experts in their fields to create a compelling case for their clients.
The second aspect of a medical malpractice claim is causation. This means that the negligence or inactions resulted in injury to the patient. This is an essential element and expert medical witnesses can provide evidence 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 case the plaintiff will be required to prove that the injuries are compensable under Georgia law. Compensation for medical malpractice damages may comprise both economic and other damages. Economic damages are usually granted to cover costs such as medical expenses, Atlanta birth injury lawyer rehabilitation of ongoing treatment loss of quality of life and lost earnings due to having to take time off from work. Non-economic damages can be awarded for emotional distress as well as pain and discomfort and mental anguish resulting from the injury.
A skilled Atlanta birth injury lawyer will investigate the medical documents to determine who was accountable for your child's injuries and will examine how these errors could have been avoided. Depending on the circumstances, the hospital or other healthcare professionals may be accountable for the negligence.
A dedicated Atlanta birth injury lawyer can aid parents who have a child born with a disability that is severe like cerebral palsy, or a serious spinal injury. They can also seek financial assistance to improve the quality of life of their child and pay for future medical expenses. A lawyer will diligently to investigate your situation and bring an effective claim against the accountable parties. They understand the science behind these types of injuries, the roles doctors and hospital personnel play in them and how the consequences of a mishap can affect the future of your family.
Damages
Whatever the best intentions of doctors are, medical errors occur. When they do, the consequences can be devastating for families. Their lives may be forever altered due to the injuries, and they will always need medical attention. The compensation they receive can help them pay for these expenses as well as pay for other losses.
A family may file a birth injury lawsuit to make the healthcare professional accountable for their error and to seek the financial compensation. The lawyer who handles the case will collect all pertinent information, including medical records. Once they have all this information they will file the lawsuit with the court with the hospital and the doctor as defendants. After that, they'll request an amount for a settlement, but there is no guarantee that they will agree to a settlement.
A family could be awarded damages for pain and suffering or non-economic damages, in addition to economic damages. These damages are designed to compensate the family of a child for the emotional stress and trauma they suffered. These can be difficult to calculate, but a skilled lawyer can try to negotiate an equitable settlement for the child's and his or parents the losses.
Punitive damages are intended to punish 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 may be awarded if the jury determines that the defendant's actions were especially egregious.
If you suspect that your child has suffered an injury related to birth due to the inattention or negligence of the healthcare professional, it is important to contact an Atlanta birth injury lawyer as quickly as you can. The statute of limitations is the time limit by which you must file your birth injury claim. Your lawyer will be able to tell you how much time you still have.