Birth Injury Lawsuits
When your child suffers an injury that is serious at birth due to medical negligence, the repercussions could last a lifetime. Our atlanta birth injury lawsuit birth injury attorneys help families seek compensation for their long-term medical costs and lost future income.
To build a strong case we must prove that healthcare providers did not maintain a high level of care. We gather evidence through eyewitness testimony, expert medical opinions, 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 stems from the laws that regulate the healthcare industry and the rules and regulations formulated by medical professionals’ professional organizations.
A physician who fails meet the standards of care may be held liable for injuries caused by 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 witness testimony. A birth injury lawyer in Atlanta is well-versed in the investigation of these cases and knows how to gather information quickly, while the evidence is still fresh.
In a Georgia malpractice lawsuit, the plaintiff has to establish four elements: 1.) the duty of a doctor to comply with the standards of care; two) an infringement of this duty occurred;) the defendant’s breach directly caused the injury; and four) the injury led to damages. In order to establish each element, they must have an expert witness. They are medical professionals who have vast experience and expertise in their area of expertise. A skilled birth injury attorney will have an extensive network of expert witnesses across the nation who they can rely on to testify in any case.
It is not unusual for doctors with good intentions to make errors that can harm children. These errors can result in mistakes in diagnosis or failure to recognize fetal stress or medication errors, surgical mistakes, or atlanta birth injury lawsuit inability to perform a C-section in a hurry.
The damage that the child suffers can be devastating. A compassionate Atlanta birth injury lawyer can help families get the compensation they deserve for their losses and hardships. These losses could include medical expenses as well as lost income, lifelong treatment, mental anguish, and suffering and pain.
Grant Law Office is dedicated to helping those affected by medical malpractice, as well as their families, receive the financial support they need to pay the future medical bills. This involves hiring medical and financial experts to assess the current and future losses and then putting together a legal strategy to seek maximum compensation.
Breach of Duty
A duty is an obligation imposed by law that results from a relationship, such as the expectation that you pay taxes or a promise not to rob. When a medical professional owes you a duty, they must take reasonable care to protect your best interests. In a medical malpractice case the failure to adhere to this standard is called negligence. This is what leads to birth injuries, such as cerebral palsy, as well as other birth-related disabilities.
In order to prove medical malpractice, the plaintiff (in this case, the mother of the child) must show that the healthcare professional was responsible for an exceptional standard of care, and that they violated that duty in their negligence. The breach must also be correlated to the injury sustained by the plaintiff and prove that the healthcare professional’s actions or inaction differed from what other medical experts 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 common form of medical malpractice that’s being alleged in birth injury cases.
Healthcare professionals can also be guilty of a breach if they make rash decisions or exhibit poor judgment. This could include administering improper medication or mishandling surgical procedures. In many instances 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 claim can help families financially recover from a severe birth injury. Compensation could cover the cost of medical treatment and ongoing therapy, as well as assistive devices and other expenses. Our Atlanta Birth injury Lawsuit birth injury lawyers are ready to help victims get the compensation they deserve. The damages you could get depend on the severity of your child’s injuries as well as the impact they will have on their life in the future. Our lawyers will review your case carefully, gather all the evidence needed, and determine how much you are owed in damages. We will then negotiate a fair settlement with you. If a settlement isn’t reached then we will prepare for trial. If you believe the medical professional who treated your child was guilty of negligence, please contact us now to start your birth injury claim.
Causation
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 duty to patients by failing to adhere to an acceptable standard of care in their field of expertise. This element of a medical malpractice claim is proven through evidence from experts, and Atlanta birth injury lawyers employ top experts in their fields to develop a convincing case for their clients.
Causation is the next element in a medical malpractice case. This means that the negligent actions or inactions directly caused the victim suffering an injury. Again, this is an essential element and expert medical witnesses can be able to prove that the medical professional deviated from the accepted standards of medical practice in their area, which resulted in the victim suffering an injury.
In order to prevail in a medical malpractice lawsuit, the plaintiff will also need to prove that their injuries are compensable under Georgia law. Compensation for medical malpractice may include both economic and non-economic damages. Economic damages are awarded to cover medical expenses and ongoing treatment, as well as loss in quality of life, atlanta birth injury lawsuit as well as lost earnings due to time off from work. Non-economic damages can be awarded for emotional distress or discomfort, and mental anguish resulting from the injury.
A experienced Atlanta birth injury lawyer will examine the medical records to determine who is accountable for your child’s injuries and will examine how these errors could have been avoided. Based on the circumstances the hospital or other healthcare professionals could be accountable for the error.
A dedicated Atlanta birth injury lawyer can assist parents who have a child born with a severe disability such as cerebral palsy or severe spinal injuries. They can also get financial assistance to improve the quality of life their child as well as to pay for future medical expenses. A lawyer will diligently to investigate your situation and file an effective claim against the responsible parties. They are aware of the scientific basis for these injuries, the roles that doctors and hospital staff plays in them, and how mistakes can impact the future of your family.
Damages
Medical errors can occur regardless of how careful the medical professionals may be. The consequences of medical mistakes can be devastating for families. Their lives may be forever altered by the injuries, and they will always need medical attention. The compensation they receive will allow them to pay for these expenses and pay for other losses.
A family can file a lawsuit for birth injury to hold a healthcare professional accountable for their mistake and to recover financial compensation. The lawyer handling the case will gather all pertinent information, including medical records. After they have gathered all the information and have it all, they will bring a lawsuit to court and name both the doctor and the hospital 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 pay for the emotional trauma and stress that the child and his or family suffered. These aren’t easy to determine however, a skilled lawyer could seek an equitable settlement for the child’s or her parents the losses.
Punitive damages are intended to punish the person who was at fault for their insidious behavior and discourage others from engaging in similar behaviour. They are rare in medical malpractice cases but could be awarded if the jury is convinced that the defendant’s actions were reckless or egregious.
If your child suffered a birth injury due to the negligence of a health professional, you may want to speak with an experienced Atlanta birth injury attorney as soon as possible. There is a strict deadline called the statute of limitations, within which you have to make a claim for birth injuries and the lawyer who works on these types of claims would be in a position to inform you of how much time you have left.