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Birth Injury Lawsuits
When your child suffers an injury that is serious at birth due to medical negligence, the effects can last for a lifetime. Our Atlanta birth injury attorneys help families recover compensation for their long-term medical costs and loss of future income.
In order to build a strong case we must demonstrate that healthcare providers did not keep up with the highest standards of care. We gather evidence through eyewitness testimony, expert medical opinions, atlanta birth injury lawsuit as well as photographs and videos.
Duty of Care
OB-GYN physicians and medical staff are required to provide the best standard of care for their patients. This obligation stems from healthcare laws and the rules and regulations imposed by medical professionals and professional organizations.
A doctor who fails to meet the standards of care could be held liable for any injuries caused through their negligence. However an effective malpractice claim requires a thorough investigation as well as a solid case based on solid evidence, such as medical records and eyewitness testimony. A birth injury lawyer in Atlanta is well-versed in investigating these cases and understands how to quickly collect information while the evidence is still in its infancy.
In a Georgia malpractice lawsuit, the plaintiff has to prove four elements: 1) that the doctor had a duty to follow the standard of care, 2)) that the breach occurred,) the defendant breach directly caused the injuries and 4) damages were triggered by the injuries. Each element must be determined by an expert witness. These experts are medical professionals who have extensive experience and knowledge in their field. A skilled birth injury attorney will have experts across the nation who they can call on to testify in each case.
Although the majority of birth injuries are the result of medical negligence, it is not uncommon for well-intentioned doctors to make mistakes and harm a child. These errors can include misdiagnosis, failure to detect the presence of fetal distress, medication mistakes surgical errors, the inability to perform an emergency C-section if needed.
The harm that a child suffers can be devastating. A compassionate Atlanta birth injury lawyer can help families receive the compensation they deserve for all their difficulties and losses. These losses can include medical expenses, loss of income and the cost of long-term treatment and care, pain and suffering, and mental anguish.
The lawyers at Grant Law Office are dedicated to helping those affected by medical malpractice as well as their family members get the financial assistance they need to cover their future medical expenses. This includes bringing in experts in the field of medicine and finance to calculate the current and future losses and develop a sound legal strategy to obtain the maximum amount of compensation.
Breach of Duty
A duty is a legal obligation that arises from the relationship between two parties, for example, an expectation that you pay taxes or a promise not to steal. A medical professional who owes an obligation to you must act in your best interest. In a medical malpractice case, failure to meet this standard can be called negligence. Birth injuries, such as 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 show that the healthcare provider owed them a high duty of care, and that the healthcare professional violated this duty by acting negligently. The breach must also be linked to the injuries that the plaintiff suffered and this requires proving that the healthcare professional's actions or lack of action deviated from what other medical professionals would have done in similar circumstances.
A doctor who refuses to to order an emergency C-section when both mother and child are in distress is one instance. This is the most frequent kind of medical malpractice alleged in birth injuries.
Another form of breach occurs when a healthcare professional acts recklessly or exhibits poor judgment. Examples of this include putting in the wrong medication or mishandling the procedure. In a lot of cases, medical professionals can prevent from committing a mistake by being aware the potential risks for pregnant women.
A successful medical malpractice case can help a family recover financially from a severe birth trauma. Compensation could cover medical costs as well as ongoing therapy, assistive devices, and other losses. Our Atlanta birth injury lawyers are ready to help victims recover the compensation they deserve. The amount of compensation you may be entitled to depends on the severity and impact of your child's injury. Our attorneys will thoroughly review your case, collect the necessary evidence, and determine what damages you are owed. We will then collaborate with you to negotiate an acceptable settlement. If a settlement isn't reached then we will prepare for trial. Contact us now if you suspect your child's physician was negligent.
Causation
A birth injury lawsuit against a healthcare provider requires the presentation of a number of legal aspects. One of the most important elements is that the medical professional breached their obligation to patients by failing to adhere to the appropriate standard of care within their specialty. This aspect of a medical malpractice case is proven through evidence from experts, and Atlanta birth injury lawyers employ top experts in their field to build a strong case for their clients.
The next element of a claim for medical malpractice is causation, which means that the negligent actions or failures to act directly led to an injury to the patient. This is an additional crucial element and medical experts can prove that the medical professional deviated from the accepted standards of their field and resulted in the victim being injured.
In order for a medical malpractice claim to be successful the plaintiff must prove that their injuries were legally compensable under Georgia's law. The compensation for medical malpractice may include both economic and non-economic damages. Economic damages are usually awarded to cover costs such as rehabilitation costs, medical expenses and ongoing treatment, loss of quality of life, and lost wages due to taking off from work. Non-economic damages are awarded to compensate for emotional suffering, pain and distress and mental trauma due to the injury.
A skilled Atlanta birth injury lawyer will review the medical documents to determine who was responsible for your child's injuries, and they will look into how these mistakes could have been avoided. Depending on the circumstances the other healthcare professionals or even the hospital itself could be liable for the malpractice committed by the doctor.
If a child of a parent is born with a severe condition, such as cerebral palsy, serious spinal cord injury or other mental or physical disabilities, an experienced atlanta birth injury lawsuit - visit the next internet site, birth injury lawyer can help them get financial assistance to improve their child's quality of life and to cover future medical requirements. A lawyer will work diligently to analyze your situation and make an argument that is persuasive against the parties responsible. They understand the science behind these injuries, the role that doctors and hospital staff play in their care, and how a mistake can affect the future of your family.
Damages
No matter how well-intentioned doctors are, medical mistakes happen. The consequences of medical errors can be devastating for families. Their lives can be forever altered by the injuries, and they will always need medical care. The compensation awarded could aid in the payment of these expenses and also compensate them for 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 seek financial compensation. The lawyer handling the case will gather all pertinent information, including medical records. Once they have gathered all the relevant information, they will bring a lawsuit to court with the doctor and the hospital as defendants. Following this, they will ask for an amount for a settlement, but there is no guarantee they will accept one.
In addition to financial damages, a family may be awarded non-economic or pain and suffering damages. These damages are meant to compensate a child's family for atlanta birth injury lawsuit the emotional stress and trauma they experienced. They can be difficult to calculate but a savvy lawyer can try to negotiate an appropriate settlement for the child's and his or her parents' losses.
There are also punitive damages, which are designed to punish the at-fault party for their indefensible behavior and discourage others from engaging in similar behavior. These damages are not common in medical malpractice cases, but they may be awarded if juries find that the defendant's behavior was particularly egregious.
If your child has suffered an injury during birth because of the negligence of a health care professional, you should to contact a dedicated Atlanta birth injury lawyer immediately. The statute of limitations is the deadline by which you must file your claim for birth injury. Your lawyer will be able to tell you how long you have left.