Birth Injury Lawsuits
If your child suffers an injury at birth as a result of medical negligence it could have long-lasting consequences. Our atlanta birth injury lawsuit (Recommended Browsing) birth injury lawyers assist families recover compensation to cover their medical bills for the long-term and loss of future earnings.
To build a strong case we must show that healthcare providers did not maintain a high level of care. We gather evidence from eyewitness testimony, expert medical opinions, and photographs and videos.
Duty of Care
OB-GYN doctors and medical personnel are required to provide patients with the highest standard of medical care. This obligation is derived from the laws that govern the healthcare industry, as well as the rules and regulations formulated by medical professionals’ professional organizations.
A doctor could be held liable for the harm caused by negligence if they fail to meet the standards. A successful malpractice claim will require a thorough investigation and a convincing case based on credible evidence such as medical records and eyewitness testimonies. An Atlanta birth injury lawyer is experienced in investigating these cases and know how to gather all the necessary information quickly while the evidence is fresh.
In a Georgia malpractice lawsuit, the plaintiff has to prove four elements that include: 1)) that the doctor owed an obligation to adhere to the standard of care, 2)) that there was a breach, 3) the defendant breach directly caused the injuries and 4) damages were triggered by the injuries. The determination of each of these elements requires an expert witness. They are medical professionals with extensive experience and knowledge in their field. A competent birth injury lawyer has experts across the country that they can call on to testify in every case.
Although the majority of birth injuries are the result of medical negligence, it’s not uncommon for doctors who are well-meaning to make mistakes and hurt a child. These mistakes can include misdiagnosis or failure to detect the presence of fetal stress and medication errors, surgical errors, or failure to perform a C-section in a hurry.
The damage that the child suffers is often severe. A compassionate Atlanta birth injury lawyer can help these families receive the compensation that they deserve for all of their losses and hardships. These losses could include medical expenses as well as loss of income, the cost of life-long medical and treatment in the form of pain and suffering and mental stress.
The lawyers at Grant Law Office are dedicated to helping the victims of medical malpractice and their families get the financial support they need to pay for their future medical needs. This includes hiring experts in the field of medicine and finance to estimate the current and future losses and devise a sound legal strategy to obtain the highest amount of compensation.
Breach of Duty
A duty is an obligation imposed by law that results from an agreement, like an expectation that you pay your taxes or a duty not to steal. If a medical professional owes you an obligation, they must take reasonable care to protect your best interests. In the case of medical malpractice the failure to adhere to this standard could be deemed negligence. Birth injuries, such as cerebral palsy, birth-related disabilities, and others are caused by this.
To prove medical malpractice, the plaintiff (in this instance the mother of the child) must demonstrate that the healthcare professional owed her the highest standard of care, and that they violated that duty by committing negligence. The breach must also be correlated to the injuries suffered 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.
One example of this is the failure of a doctor to order an emergency C-section when the mother and Atlanta Birth Injury Lawsuit baby are experiencing fetal distress. This is the most frequent type of medical malpractice that is being alleged in birth injury cases.
Healthcare professionals can also be guilty of a breach if they make rash decisions or exhibit poor judgment. Examples of this include administering the wrong medication or mishandling a surgical procedure. In many cases, negligence is preventable if medical professionals are aware of the dangers that can affect a birthing patient.
A successful medical malpractice case can help a family recover financially from a serious birth trauma. Compensation can cover medical costs as well as ongoing therapy, assistive equipment, and many other losses. Our Atlanta birth injury lawyers are prepared to help victims recover the compensation they are entitled to. The amount you will receive will depend on the severity of your child’s injuries as well as the impact they will affect their lives going forward. Our lawyers will carefully review your case, collect the necessary evidence, and determine what compensation you are owed. We will then negotiate a fair settlement with you. If a settlement cannot be reached then we will prepare for trial. Contact us today if you suspect your child’s physician was negligent.
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 obligation to patients by not adhering to the appropriate standard of care in their specialty. Expert testimony is used to establish this aspect of a claim for medical malpractice. Atlanta birth injury attorneys will consult with the top experts in their field to construct an argument that is convincing for their clients.
Causation is the next element in a medical malpractice case. This implies that the negligent acts or the failure to act, directly led to an injury for the patient. Again, this is an essential element and expert medical witnesses will prove that the medical professional deviated from the accepted standards of care in their area, which caused the victim to suffer an injury.
In order to prevail in a medical malpractice case, the plaintiff will also have to prove that their injuries are compensable under Georgia law. Compensation for medical malpractice damages may include both economic and other 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 for emotional distress as well as pain and discomfort and mental anguish resulting from the injury.
A skilled Atlanta birth injury lawyer will review the medical records to determine who was accountable for your child’s injuries and examine how these errors could have been avoided. Based on the circumstances, the hospital or other healthcare professionals may be responsible for the malpractice.
A dedicated Atlanta birth injury lawyer can help parents of children born with a serious disability like cerebral palsy, or severe spinal injuries. They can also get financial aid to improve the quality of life for their child as well as to pay future medical expenses. A lawyer will investigate your case and present a strong claim against the responsible parties. They know the science behind these types of injuries, the roles doctors and hospital staff play in them and how the consequences of a mishap can impact your family’s future.
Damages
Medical errors can happen regardless of how well-intentioned the doctors are. The consequences of medical mistakes can be devastating for families. The injuries could alter their lives for the rest of their lives and leave them with a constant need for medical attention and other costs that will never go away. The damages awarded will help them pay for these expenses and compensate for their other losses.
A family can bring a lawsuit based on birth injury to hold a medical professional accountable for their error and also to get financial compensation. The lawyer handling the case will first collect all relevant information, including medical records. Once they have gathered all the information and have it all, they will bring a lawsuit to court and name both the hospital and the doctor as defendants. They will then request a settlement however there is no guarantee they will agree to one.
A family could be awarded damages for pain and suffering, or non-economic damages, in addition to economic damages. These are meant to cover the emotional trauma and distress that a child and his or her family endured. These aren’t easy to determine however, a skilled lawyer could seek an equitable settlement for the child’s and his or her parents loss.
There are also punitive damages which are designed to punish the at-fault party for his or her egregious conduct and deter others from engaging in similar behavior. These damages are not common in medical malpractice cases, however they may be awarded if a jury finds that the defendant’s behavior was especially egregious.
If your child suffered an injury during birth because of the negligence of a health care professional, you may want to contact a dedicated Atlanta birth injury lawyer as soon as possible. The statute of limitations is the date by which you must file your claim for birth injury. Your lawyer can tell you the amount of time you have.