Birth Injury Lawsuits
If your child is injured during birth because of medical negligence, it can have long-lasting consequences. Our Atlanta birth injury lawyers help families seek compensation to pay for their long-term medical needs and lost future earnings.
To make a convincing case, we need to demonstrate that healthcare providers did not keep up with the highest standards of care. We gather evidence through eyewitness accounts, medical experts’ opinions, photos and videos.
Duty of Care
OB-GYN doctors and medical personnel are obliged to offer patients the highest level of care. This obligation is derived from the laws that regulate the healthcare industry, atlanta birth injury Attorneys and the rules and regulations set by medical professional associations.
A doctor who fails to meet the standards of care could be held liable for any injuries caused by their negligence. A successful malpractice case will require a thorough investigation, and a convincing case based on credible evidence such medical documents and eyewitness testimony. An Atlanta birth injury lawyer is skilled in investigating these cases and know how to gather the necessary information quickly while the evidence is fresh.
In a Georgia malpractice lawsuit, the plaintiff has to establish four elements: 1) the duty of the doctor to comply with the standard of care; 2) an infringement of that duty occurred; 3) the defendant’s breach directly caused the injury; and 4) the injury resulted in damages. Establishing each element requires an expert witness. They are medical professionals with years of experience in their field and familiarity with accepted practices. A qualified birth injury lawyer will have access to a nationwide network of expert witnesses that they can call to be a witness.
It is not unusual for doctors with good intentions to make mistakes that cause harm to children. These errors can result in the wrong diagnosis or inability to recognize the signs of stress in the fetus or medication errors, surgical errors, or failing to perform a C-section in a hurry.
The harm suffered by the child could be substantial. A compassionate Atlanta birth injury lawyer can help families receive the compensation that they deserve for all their difficulties and losses. These losses can include medical expenses loss of income, permanent treatment, mental anguish, and suffering and suffering.
The lawyers at Grant Law Office are dedicated to helping victims of medical malpractice as well as their families get the financial assistance they require to cover their future medical needs. This includes bringing in financial and medical experts to calculate their current and future losses and create a solid legal strategy to obtain maximum compensation.
Breach of Duty
A duty is a legal obligation that arises from an agreement, like the expectation that you pay taxes or atlanta birth injury Attorneys a promise not to rob. A medical professional who has an obligation to you must act in your best interests. In the case of medical malpractice, failure to meet this standard could be deemed negligence. This is the reason for 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 demonstrate that the healthcare professional was obligated to provide an exceptional level of care, and that they breached this duty by committing negligence. The breach must also be linked to the injury that the plaintiff suffered and prove that the healthcare professional’s actions or inaction deviated from what other medical professionals would have done in similar circumstances.
A doctor who refuses to order an emergency C section when both mother and child are in distress is a prime example. This is the most frequent kind of medical malpractice that is alleged in a birth injury lawsuit.
A healthcare professional can also commit a breach when they make rash decisions or exhibit poor judgment. This could be due to administering incorrect medications or ignoring surgical procedures. In a lot of cases the risk of negligence is avoided by medical professionals who are aware of the dangers that can affect a birthing patient.
A successful medical malpractice case can aid a family financially to recover from a severe birth injury. Compensation can pay for medical expenses and ongoing therapy, as well as assistive equipment, and other expenses. Our Atlanta birth injury lawyers are prepared to help victims recover the compensation they deserve. The damages you could receive will depend on the severity of your child’s injuries and the impact they’ll affect their lives in the future. Our attorneys will thoroughly review 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 is not reached, we will then prepare for trial. Contact us now if you believe your child’s doctor was negligent.
Causation
The process of bringing a birth injury lawsuit against a healthcare provider requires the proof of several legal elements. One of the most crucial elements is that the medical professional breached their obligation to patients by failing to adhere to a reasonable standard of care in their field of expertise. Expert testimony is used to establish the basis of an action for medical malpractice. Atlanta birth injury attorneys – telegra.ph – will consult with the top experts in their field to build an argument that is convincing for their clients.
The second aspect of a medical malpractice claim is causation. This means that the negligent actions or inactions caused injury to the patient. This is an additional crucial element, and expert medical witnesses can provide evidence that the medical professional deviated from the accepted standards in their field which led to the victim being injured.
For a medical malpractice claim to succeed, the plaintiff must also demonstrate that their injuries were legally compensable under Georgia’s law. The compensation for medical malpractice can include both economic and other damages. Economic damages are usually awarded to cover expenses like rehabilitation, medical expenses, ongoing treatment loss of quality of life, and lost earnings due to having to take time off from work. Non-economic damages are awarded to compensate for emotional suffering, distress and mental stress due to the injury.
A experienced Atlanta birth injury lawyer will review the medical records to determine who is responsible for the injuries your child sustained and examine how these errors could have been avoided. Depending on the circumstances, the hospital or other healthcare professionals may be accountable for the negligence.
If a child of a parent is born with a serious condition such as cerebral palsy, serious spinal cord injury or other physical or mental disability, a dedicated Atlanta birth injury attorney can help them get financial assistance to enhance their child’s quality of life and to cover future medical requirements. An attorney will look into your case and present an argument that is convincing against the responsible parties. They know the science behind these injuries, the role hospital staff and doctors play in these accidents, and how errors can affect the future of your family.
Damages
No matter how well-intentioned doctors are, medical errors occur. If they do, the repercussions could be devastating for families. Their lives can be forever altered by the injuries, and they will continue to require medical care. The damages awarded can assist in paying for these costs and also compensate them for other losses.
A family may bring a birth injury lawsuit to hold the healthcare professional responsible for his or her mistake and to recover financial compensation. The lawyer who handles the case will gather all pertinent information, including medical records. Once they have gathered all the relevant information, they will file a lawsuit in court and name both the hospital and the doctor as defendants. After this, they will seek a settlement amount, though there is no guarantee that they will accept one.
In addition to financial damages, families may be awarded non-economic or pain and suffering damages. These damages are meant to compensate a child’s family for the emotional stress and trauma they experienced. These aren’t easy to determine however, a skilled lawyer could seek a fair settlement for the child’s as well as his or her parents’ losses.
Punitive damages are designed to penalize the party responsible for their reckless behavior and deter others from engaging in similar behavior. These damages are not common in medical malpractice cases, but they are awarded when a jury finds that the defendant’s behavior was particularly indecent.
If you believe that your child has suffered a birth-related injury due to the carelessness or negligence of the healthcare professional it is essential to contact an Atlanta birth injury lawyer as quickly as possible. There is a strict deadline known as the statute of limitations within which you can file a birth injury claim and the lawyer who handles these types of claims will be able to advise you on how long you have left.