Birth Injury Lawsuits
If your child suffers an injury that is serious in the birth due to medical negligence, the consequences can be a long-lasting issue. Our Atlanta birth injury attorneys can help families obtain compensation for long-term medical bills and lost future income.
To make a convincing case, we need to show that healthcare providers did not maintain a high level of care. We gather evidence through eyewitness testimony, expert medical opinions, as well as photographs and videos.
Duty of Care
The OB-GYN medical staff and doctors are required to provide the best standard of care for their patients. This obligation is derived from the laws that regulate the healthcare industry, and the rules and regulations established by medical professional associations.
A physician can be held liable for the harm caused by negligence if they fail meet the standard. However the successful claim for malpractice requires a thorough investigation and a solid case based on solid evidence, such as medical records and eyewitness testimony. An Atlanta birth injury lawyer has experience investigating these cases and know how to gather all the necessary information quickly, while evidence is still fresh.
In a Georgia malpractice lawsuit, the plaintiff has to prove four things: 1) that the doctor owed obligation to observe the standard of care,) that the breach occurred,) the breach by the defendant directly caused the injuries, and four) damages were triggered by the injuries. Each of these elements must be proven by an expert witness. They are medical professionals who have extensive knowledge of their field and knowledge of accepted practices. A qualified birth injury attorney will have an extensive network of expert witnesses across the nation who they can call on to testify in each case.
It is not unusual for doctors with good intentions to make errors that cause harm to children. These errors can include mistakes in diagnosis, failure to recognize the presence of fetal distress, medication mistakes surgical errors, the inability to perform an emergency C-section if needed.
The damage that the child suffers can be devastating. A caring Atlanta birth injury lawyer can help these families get the compensation they deserve for all of their losses and hardships. These losses could include medical costs and income loss, the cost of life-long medical and treatment, pain and suffering, and mental stress.
Grant Law Office is dedicated to helping victims of medical malpractice, and their families, get the financial aid they require to pay the future medical bills. This includes enlisting experts in the field of medicine and finance to estimate their current and future losses and develop a sound legal strategy to seek the highest amount of compensation.
Breach of Duty
A duty is a legal obligation that arises from a relationship, such as an expectation that you pay taxes or a promise not to steal. A medical professional who has an obligation to you must act in your best interests. In a medical malpractice case the failure to adhere to this standard is called negligence. birth injury atlanta injuries, like cerebral palsy and birth-related disabilities are caused by this.
To prove medical malpractice, a plaintiff (in this case the mother of the child) must show that the healthcare professional owed them a high duty of care, and that the healthcare professional breached this duty by committing negligence. The breach must also be connected to the injuries that the plaintiff suffered and prove that the healthcare professional’s actions or inaction differed from what other medical professionals would have done in similar circumstances.
A doctor who refuses to request an emergency C section when both mother and child are in distress is a prime example. This is the most typical kind of medical malpractice that is claimed in a birth injury lawsuit.
Another type of breach is when medical professionals act recklessly or displays poor judgment. Examples of this include administering the wrong medication or not properly handling a surgical procedure. In many instances it is possible to avoid negligence 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. Compensation can cover medical expenses as well as ongoing therapy, assistive devices and other losses. Our Atlanta birth injury lawsuit birth injury lawyers are ready to help victims receive the compensation they are entitled to. The damages you can get depend on the severity of your child’s injuries and the impact they will have on their lives going forward. Our attorneys will examine your case with care, collect the required evidence, and determine how much you are due in damages. We will then work with you to negotiate an equitable settlement. If a settlement isn’t reached, we will prepare for trial. Contact us today if think your child’s doctor has was negligent.
Causation
In order to bring a lawsuit against a healthcare professional over a birth injury, you need to prove several legal elements. One of the most crucial elements is that a medical professional did not to meet a reasonable standard in their field of expertise. Expert testimony is used to establish this element of medical malpractice claims. Atlanta birth injury attorneys will seek out the top experts in their field to build a strong argument for their clients.
Causation is the second element in the medical malpractice case. This means that the negligent actions, or failures to act, directly led to injuries to the patient. This is an additional crucial element and medical experts can prove that the medical professional departed from the accepted norms in their field that led to the victim being injured.
In order to win a medical malpractice case the plaintiff will need to prove that their injuries are compensated under Georgia law. Compensation for medical malpractice damages can be a combination of economic and non-economic damages. Economic damages are usually awarded to cover expenses like medical expenses, rehabilitation of ongoing treatment and loss of quality of life, and lost earnings due to having to take time off work. Non-economic damages can be awarded to compensate for emotional suffering, distress and mental trauma due to the injury.
A competent Atlanta birth injury lawyer will review the medical records 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 hospital or other healthcare professionals could be responsible for the malpractice.
If a child is born with a severe condition, such as cerebral palsy, a serious spinal cord injury or other mental or physical disabilities, atlanta birth injury lawsuit a dedicated Atlanta birth injury attorney can help them obtain financial aid to enhance their child’s quality of life and provide for future medical needs. A lawyer will investigate your case and file a strong claim against the responsible parties. They know the science behind these kinds of injuries, the roles that hospital staff and doctors are involved in, and the consequences of a mishap could affect your family’s future.
Damages
Whatever the best intentions of doctors are, medical errors happen. When they do, the results can be devastating for families. Their lives can be forever changed by the injuries and they will require medical attention. The damages awarded can help pay for these expenses and also compensate them for other losses.
A family can start a lawsuit for birth injury to hold a medical professional accountable for their negligence and to receive financial compensation. The lawyer who handles the case will first collect all relevant information including medical records. Once they have this information they will file the lawsuit with the court including the doctor and hospital as defendants. They can then ask for an agreement but there is no guarantee they will accept one.
A family could be awarded damages for pain and suffering, or non-economic damages in addition economic damages. These damages are designed to compensate the family of a child for the emotional distress and trauma they experienced. They aren’t easy to determine however, atlanta birth injury Lawsuit a skilled lawyer can try to negotiate an equitable settlement for the child’s as well as his or parents loss.
There are also punitive damages, which are designed to penalize the party at fault for his or her egregious behavior and discourage others from engaging in similar conduct. These damages are rare in medical malpractice cases, but they may be awarded if a jury finds that the defendant’s actions were particularly egregious.
If you believe your child has suffered an injury related to birth due to the negligence or carelessness of a healthcare professional it is essential to speak with an Atlanta birth injury lawyer as soon as possible. There is a specific deadline called the statute of limitations, within which you have to file a birth injury claim and the attorney who handles these kinds of claims would be able to advise you on how long you have left.