8 Tips For Boosting Your Atlanta Birth Injury Lawsuit Game
Birth Injury Lawsuits
If your child suffers an injury of a serious nature at birth due to medical negligence, the repercussions could last a lifetime. Our Atlanta birth injury lawyers can help families obtain compensation to cover their medical expenses for the long term and future loss of earnings.
To make a convincing argument, we must show that healthcare professionals did not maintain a high standard of care. We gather evidence from eyewitness testimony, expert medical opinions, and photos and videos.
Duty of Care
OB-GYN doctors and medical personnel are required to provide patients with the highest standard of care. This obligation is derived from the laws that govern the healthcare industry and the rules and regulations established by medical professionals' professional organizations.
A physician who fails meet the standards of care may be held liable for any injuries caused by their negligence. However the successful claim for malpractice requires a thorough investigation and a solid case based on solid evidence, such as medical records and witness testimony. An Atlanta birth injury lawyer has experience investigating these cases, and they know how to gather all the necessary information quickly, while evidence is fresh.
In a Georgia malpractice case, the plaintiff must establish four elements: 1) the duty of a doctor to comply with the standards of care; two) the breach of this duty occurred;) the defendant's breach directly caused the injury; and four) the injury caused damages. Each element must be determined by an expert witness. They are medical professionals with extensive experience in their field and knowledge of accepted methods. A competent birth injury lawyer has a network of expert witnesses across the nation who they can call on to testify in each case.
While most birth injuries result of medical negligence, it is not uncommon for doctors with good intentions to make mistakes and hurt a child. These mistakes could include the wrong diagnosis, inability to detect fetal distress, medication errors surgical errors, the inability to perform an emergency C-section when needed.
The harm suffered by the child can be severe. A caring Atlanta birth injury lawyer can help these families 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, pain and suffering, and mental anguish.
Grant Law Office is dedicated to helping patients affected by medical malpractice, and their families, receive the financial support they need to cover their medical bills in the future. This includes enlisting medical and financial experts to assess their future and current losses and devise a sound legal strategy to seek maximum compensation.
Breach of Duty
A duty is an obligation imposed by law that results from the relationship between two parties, for example, an expectation that you pay taxes or not to rob. A medical professional who owes the obligation to you must act in your best interests. In a medical malpractice case in which they fail to meet this standard is termed negligence. This is what leads to birth injury atlanta injuries, such as cerebral palsy, as well as other birth-related disabilities.
To prove medical malpractice, a plaintiff (in this instance, the child's mother) must demonstrate that the healthcare professional was obligated to them with a high standard of care, and that the healthcare professional breached the duty of care by committing a negligent act. The breach has to be tied to the injury sustained and the healthcare professional's actions or inactions should have been different 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 fetal distress. This is the most frequent form of medical malpractice being alleged in birth injury cases.
Another form of breach occurs when a healthcare professional acts recklessly or displays poor judgment. Examples of this include putting in the wrong medication or mishandling an operation. In many cases medical professionals can avoid negligence by being aware of the risks that could be posed to pregnant women.
A successful medical malpractice claim can help a family financially recover from a serious birth injury. Compensation could cover the cost of medical treatment and ongoing therapy, as well as assistive devices, and other losses. Our Atlanta birth injury attorneys are prepared to assist victims receive the compensation they need. The amount you will get depend on the severity of your child's injuries as well as the impact they will affect their lives for the next few years. Our lawyers will analyze your case with care, collect the evidence required and determine the amount you are entitled to in damages. We will then negotiate a fair settlement with you. If a settlement isn't reached then we will prepare for trial. Contact us now if you believe your child's doctor did not follow through.
Causation
In order to bring a lawsuit against a healthcare professional for birth injury, you need to prove several legal elements. One of the most important elements is that a medical professional failed to meet a reasonable standard within their area of expertise. Expert testimony is used to establish the basis of medical malpractice claims. Atlanta birth injury attorneys will consult with the top experts in their field to construct a strong argument for their clients.
Causation is the second element in the medical malpractice case. This means that the negligent act, or atlanta Birth Injury attorneys failures to act, directly led to an injury for the patient. Again, this 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 resulted in the victim suffering an injury.
In order to win a medical malpractice lawsuit the plaintiff will have to prove that their injuries are compensable under Georgia law. Compensation for medical malpractice may include both economic and Atlanta Birth Injury Attorneys non-economic damages. Economic damages are awarded to cover medical expenses, ongoing treatment, loss in quality of life, as well as lost wages due time off work. Non-economic damages can be awarded to cover emotional distress, pain and suffering, and mental anguish related to the injury.
A competent Atlanta birth injury lawyer will examine the medical records to determine who is responsible for the injuries your child sustained and how they could have been avoided. Depending on your circumstances the other healthcare professionals or even the hospital itself could be accountable for the malpractice committed by the doctor.
When a person's child is born with a serious condition such as cerebral palsy, a serious spinal cord injury, or other physical or mental disability, a dedicated Atlanta birth injury attorney can help them obtain financial support to improve their child's quality of life and provide for future medical needs. An attorney will look into your case and make an effective claim against the responsible parties. They are aware of the research behind these injuries, the role that doctors and hospital staff play in their care, and how a mistake can impact the future of your family.
Damages
Medical errors can happen regardless of how careful the medical professionals may be. When they do, the results could be devastating for families. The injuries can change their lives forever, leaving them with an ongoing need for medical attention and other expenses that will never go away. The damages awarded can help them pay for these expenses and pay for other losses.
A family can bring a lawsuit based on birth injuries to hold a medical professional accountable for their negligence and to receive financial compensation. The lawyer who handles the case will first gather all relevant information, including medical records. Once they have this information, they will file the lawsuit with the court, naming the hospital and the doctor as defendants. They will then ask for a settlement however there is no guarantee they will accept one.
A family may also be awarded damages for pain and suffering, or non-economic damages in addition to economic damages. These are meant to compensate for the emotional trauma and stress that the child and his or family suffered. Settlements aren't easy to calculate but a skilled lawyer can try to negotiate a fair settlement to compensate the child and/or parents for the losses they suffered.
There are also punitive damages, that are intended to punish the at-fault party for their egregious behavior and discourage others from engaging in similar behavior. They are not common in medical malpractice cases but could be awarded if the jury is convinced that the defendant's actions were reckless or inexplicably reckless.
If your child has suffered an injury to their birth due to the negligence of a medical professional, you should to contact a dedicated Atlanta birth injury attorney as soon as possible. There is a specific deadline known as the statute of limitations within which you must make a claim for birth injuries and the attorney who handles these kinds of claims is competent to tell you how much time you have left.