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Birth Injury Lawsuits
When your child is injured during birth as a result of negligence by a medical professional it could have long-lasting consequences. Our Atlanta birth injury attorneys can help families seek compensation for their long-term medical costs and future loss of income.
To build a strong argument, we must show that healthcare professionals did not maintain the highest standards of care. We gather evidence by obtaining eyewitness testimony and expert medical opinions and photographs and videos.
Duty of Care
OB-GYN doctors and medical staff are required to provide patients with the highest standard of care. This obligation is derived from the laws governing the healthcare industry and rules and regulations set by medical professionals professional institutions.
A doctor can be held accountable for injuries caused by negligence if they fail to adhere to the standard. However, a successful malpractice claim requires a thorough investigation and a strong case built on solid evidence, such as medical records and eyewitness testimony. A birth injury lawyer in Atlanta is experienced in investigating these cases and understands how to quickly gather information and efficiently, even though the evidence is still in its infancy.
In a Georgia malpractice lawsuit, the plaintiff has to establish four elements that include: 1)) that the doctor was under a duty to follow the standard of care,) that a breach occurred, 3) the defendant breach directly caused the injuries, and four) damages were triggered by the injuries. Establishing each element requires an expert witness. They are medical professionals with years of knowledge of their field and expertise in accepted methods. A qualified birth injury lawyer will have access to a nationwide network of expert witnesses they can rely on to provide evidence.
It is not uncommon for doctors with good intentions to make mistakes that harm a child. These mistakes can include misdiagnosis or failure to detect the presence of fetal stress and medication errors, surgical mistakes, or inability to perform a C-section in a hurry.
The harm suffered by the child may be significant. A compassionate Atlanta birth injury lawyer can help families get the compensation they are entitled to for their hardships and losses. These losses could include medical expenses as well as lost income, lifelong treatment, mental anguish and suffering and suffering.
The lawyers at Grant Law Office are dedicated to helping victims of medical malpractice and their families receive the financial support they need to cover their future medical expenses. This includes enlisting experts in the field of medicine and finance to estimate their current and atlanta birth injury lawsuit future losses and devise a sound legal strategy to obtain the highest amount of compensation.
Breach of Duty
A duty is a legal obligation that is borne out of an existing relationship. For example it is a duty to pay taxes or not rob. A medical professional who owes a duty to you must act in your best interests. In a medical malpractice case failing to meet this standard can be called negligence. Birth injuries, like cerebral palsy and birth-related disabilities are caused by this.
To prove medical malpractice, the plaintiff (in this case the mother of the child) must demonstrate that the healthcare professional was responsible for an exceptional standard of care, and that they violated this duty by committing negligence. The breach must be connected to the harm suffered and the healthcare professional’s actions or inactions should have been different from what other doctors would have done in similar circumstances.
One example is a doctor who fails to call for an emergency C-section even though the mother and baby are suffering from fetal distress. This is the most typical kind of medical malpractice that is alleged in a birth injury lawsuit.
A healthcare professional can also be in breach if they make rash decisions or exhibit poor judgment. Examples of this include administering the wrong medication or not properly handling the procedure. In many instances, negligence is preventable if medical professionals are aware of the risks that could affect a newborn patient.
A successful medical malpractice case can help families financially recover from a severe birth injury. Compensation could cover medical expenses and ongoing therapy, as well as assistive devices, and other losses. Our atlanta birth injury lawsuit birth injury attorneys are available to assist victims receive the compensation they need. The amount of compensation you could be entitled to depends on the severity and impact of your child's injury. Our attorneys will thoroughly review your case, gather the necessary evidence, and determine the amount of damages you are entitled to. We will then negotiate an acceptable settlement with you. If a settlement cannot be reached, we will prepare for trial. If you believe the medical professional who treated your child was guilty of negligence, contact us today to begin your birth injury claim.
Causation
In order to bring a lawsuit against a healthcare professional over a birth injuries, you must prove several legal elements. One of the most important elements is that the medical professional breached their duty to patients by failing to adhere to the appropriate standard of care within their field of expertise. This element of a medical malpractice case is established by expert testimony. Atlanta birth injury lawyers will seek out top experts in their fields to create a compelling case for their clients.
The second element of a medical malpractice case is causation. This means that the negligence or failures to act directly caused injury to the patient. It is a crucial aspect and expert medical witnesses can be able to prove that the medical professional acted in a manner that was different from the accepted standards of medical practice in their field, which in turn caused the victim to suffer an injury.
In order for a medical malpractice claim to be successful, the plaintiff must also show that their injuries are legally compensable under Georgia's law. Compensation for medical malpractice can include both economic and other damages. Economic damages are awarded to pay for medical expenses, 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 competent Atlanta birth injury lawyer will scrutinize the medical records to determine who is accountable for your child’s injuries and the ways they could have been avoided. Depending on the circumstances medical professionals, other healthcare professionals, or even the hospital itself may be held accountable for the malpractice committed by the doctor.
If a child is born with a serious condition, such as cerebral palsy, serious spinal cord injury, or other mental or physical disabilities, a dedicated Atlanta birth injury attorney can assist them in obtaining financial aid to improve the quality of their child's life and provide for future medical requirements. An attorney will be diligent to investigate your situation and bring a compelling claim against the accountable parties. They understand the science behind these kinds of injuries, the roles doctors and hospital staff play in them and how the consequences of a mishap could affect your family's future.
Damages
Medical errors can happen, no matter how well-intentioned the doctors are. The consequences of medical errors can be devastating for families. The injuries may change their lives forever and leave them with a constant need for medical attention and other costs that will never end. The damages awarded can assist in paying for these costs and help them recover for other losses.
A family may file a birth injury lawsuit to make the healthcare professional accountable for their error and seek the financial compensation. The lawyer who handles the case will collect all relevant information, including medical records. Once they have gathered all the information, they will bring a lawsuit to court with the doctor and the hospital as defendants. Following this, they will ask for a settlement amount, though there is no guarantee that they will agree to one.
A family may also 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 pain and trauma they experienced. These aren't easy to determine but a savvy lawyer can try to negotiate a fair settlement for the child's or parents' losses.
Punitive damages are meant to punish the person at fault for their egregious behavior and deter others from engaging in similar conduct. They are not common in medical malpractice cases but can be awarded if a jury finds that the defendant's actions were particularly reckless or egregious.
If your child suffered an injury during birth due to the negligence of a health professional, you may want to contact a dedicated Atlanta birth injury attorney as soon as you can. The statute of limitations is the date to file your claim for birth injury. Your lawyer will be able to tell you how long you have.