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Birth Injury Lawsuits
When your child is injured during birth because of negligence by a medical professional it could have long-lasting consequences. Our Atlanta birth injury attorneys can help families recover compensation for their long-term medical bills and loss of future income.
To make a convincing case, we need to show that healthcare providers failed to maintain a high level of care. We gather evidence through eyewitness testimony as well as expert medical opinions and photographs and videos.
Duty of Care
OB-GYN doctors and Atlanta birth injury Lawsuit medical personnel are required to provide patients with the highest standard of medical care. This obligation is derived from the laws governing the healthcare industry as well as the rules and regulations established by medical professionals professional associations.
A doctor can be held accountable for the harm caused by negligence if they fail to adhere to the standard. A successful malpractice claim will require a thorough investigation, as well as a strong case that is based on reliable evidence such medical documents and eyewitness testimony. An Atlanta birth injury lawyer is skilled 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 establish four elements that include: 1)) that the doctor was under an obligation to adhere to the standard of care, 2) that a breach occurred, 3) the defendant breach directly caused the injuries and four) damages were triggered by the injuries. Establishing each element requires an expert witness. They are medical professionals with vast experience and expertise in their area of expertise. A competent birth injury lawyer has experts across the nation who they can use to testify in each case.
Although the majority of birth injuries are the result of medical negligence, it's not uncommon for well-intentioned doctors to make mistakes and hurt the child. These mistakes can include mistakes in diagnosis or failure to recognize the signs of stress in the fetus, medication errors, surgery 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 attorney can help these families receive the compensation they are entitled to for their losses and hardships. These losses could include medical costs, loss of income, the cost of life-long medical treatment and care as well as pain and suffering and mental stress.
Grant Law Office is dedicated to helping those affected by medical malpractice, as well as their families, receive the financial aid they require to pay their future medical expenses. This includes bringing in financial and medical experts to assess the current and future losses and devise a sound legal strategy for seeking the maximum amount of compensation.
Breach of Duty
A duty is a legal obligation that arises from an existing relationship. For example it is a duty to pay taxes or not steal. A medical professional who has a duty to you must act in your best interests. In a medical malpractice lawsuit the failure to adhere to this standard is termed negligence. This is what leads to birth injuries, such as cerebral palsy, as well as other birth-related disabilities.
To prove medical malpractice, the plaintiff (in this case, the mother of the child) must prove that the healthcare professional owed her the highest standard of care, and that they violated that duty in their negligence. The breach has to be tied to the harm suffered, which means that the healthcare professional’s actions or inactions have to be different from what other doctors would have done in similar situations.
A doctor who refuses to to order an emergency C-section when both mother and child are in fetal distress is an instance. This is the most common kind of medical malpractice that's being alleged in birth injuries.
A healthcare professional can also be in breach if they are reckless or display poor judgment. This could include administering improper medication or mishandling surgical procedures. In many cases the risk of negligence is avoided when medical professionals are aware of the risks that can affect a birthing patient.
A successful medical malpractice claim can aid a family financially to recover from a severe birth injury. Compensation can be used to cover medical expenses and ongoing therapy, as well as assistive devices, and other losses. Our Atlanta birth injury lawyers are ready to help victims receive the compensation they deserve. The amount of damages you are entitled to will depend on the extent and impact of your child's injury. Our lawyers will analyze your case with care, collect the required evidence and determine the amount you are entitled to in damages. 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 today if think your child's doctor has did not follow through.
Causation
Bringing a birth injury lawsuit against a healthcare provider needs the proof of several legal elements. One of the most crucial elements is that a medical professional failed to adhere to a reasonable standard in their area of expertise. Expert evidence is used to prove this element of a claim for medical malpractice. Atlanta birth injury attorneys will consult the best experts in their field to build a convincing case for their clients.
Causation is the next element in a medical malpractice case. This means that the negligent actions or the failure to act directly resulted in the victim suffering an injury. Again, this is a crucial aspect and expert medical witnesses will prove that the medical professional deviated from the accepted standards of care in their area, which resulted in the victim suffering an injury.
In order to win a medical malpractice lawsuit the plaintiff will have to prove that their injuries are legal under Georgia law. Compensation for medical malpractice may include both economic and non-economic damages. Economic damages are usually awarded to cover costs like medical expenses, rehabilitation and ongoing treatment, loss of quality of life, and lost wages resulting from taking off from work. Non-economic damages are awarded to cover emotional suffering, distress and mental trauma due to the injury.
A competent Atlanta birth injury lawyer will investigate the medical records to determine who was responsible for the injuries your child sustained and will examine how these errors could have been avoided. Based on the circumstances, other healthcare professionals or even the hospital itself may be liable for the medical malpractice.
When a person's child 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 [recent post by marvelvsdc.faith] birth injury atlanta injury attorney can assist them in obtaining financial aid to enhance their child's quality of life and to cover future medical needs. An attorney will be diligent to analyze your situation and bring an effective claim against the accountable parties. They are aware of the science behind these types of injuries, the roles doctors and hospital staff play in them and how the consequences of a mistake can impact your family's future.
Damages
Medical mistakes can happen regardless of how careful the doctors are. When they do, the consequences can be devastating for families. The injuries can alter their lives forever and leave them with an ongoing need for medical care and other expenses that will never go away. The damages awarded can assist in paying for these costs and help them recover for other losses.
A family can bring a lawsuit based on birth injuries to hold a medical professional accountable for their mistake and also to get financial compensation. The lawyer who handles the case will first gather all relevant information including medical records. Once they have all the information, they will file the lawsuit with the court including the doctor and hospital as defendants. Following this, they will seek an amount for a settlement, but there is no guarantee that they will agree to a settlement.
In addition to the economic damages, a family could be awarded non-economic or pain and suffering damages. These are a way to compensate for the emotional trauma and stress that the child and his or family suffered. Settlements aren't easy to calculate, however a savvy lawyer can try to negotiate an equitable settlement to compensate the child as well as his or her parents for the losses they suffered.
Punitive damages are meant to punish the party who was at fault for their insidious behaviour and deter others from engaging in similar conduct. They are rare in medical malpractice cases, but could be awarded if the jury believes that the defendant's actions were particularly reckless or inexplicably reckless.
If your child has suffered an injury during birth because of the negligence of a health professional, you should to consult a specialized Atlanta birth injury lawyer as soon as you can. The statute of limitations is the time limit by which you must file your claim for birth injury. Your lawyer will be able tell you how long you have.