How Atlanta Birth Injury Lawsuit Altered My Life For The Better
Birth Injury Lawsuits
When your child suffers an injury of a serious nature during birth due to medical negligence, the effects can last a lifetime. Our Atlanta birth injury attorneys help families obtain compensation for long-term medical bills and future loss of income.
To build a strong case, we must demonstrate that healthcare professionals failed to maintain the highest standards of medical care. We gather evidence from eyewitness testimony, expert medical opinions, as well as photographs and videos.
Duty of Care
OB-GYN physicians and medical staff are required to provide the best standard of care for their patients. This obligation is derived from the laws that govern the healthcare industry, and the rules and regulations established by medical professional associations.
A doctor can be held accountable for injuries caused by negligence if they fail meet the standards. A successful malpractice case will require a thorough investigation, as well as a solid case based on evidence that is credible such as medical records and eyewitness testimony. An Atlanta birth injury lawyer has experience investigating these cases and knows how to gather all the necessary details quickly, while the evidence is fresh.
In a Georgia malpractice lawsuit, the plaintiff has to prove four elements one of which is) that the doctor was under a duty to follow the standard of care,) that there was a breach, 3) the breach by the defendant directly caused the injuries, and 4) damages were caused by the injuries. Each of these elements must be proven by an expert witness. These experts are medical professionals who have vast experience and expertise in their field. A skilled birth injury attorney has a network of expert witnesses across the country that they can rely 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 misdiagnosis, failure to detect the presence of fetal distress, medication mistakes surgical errors, the failure to perform an emergency C-section if needed.
The damage caused by the child may be significant. A caring Atlanta birth injury lawyer can assist families to receive the compensation they deserve for their hardships and losses. These losses can include medical expenses and income loss and the cost of long-term medical treatment and care in the form of pain and suffering and mental anguish.
The attorneys at Grant Law Office are dedicated to helping victims of medical malpractice as well as their families receive the financial assistance they need to cover their future medical expenses. This involves hiring medical and financial experts to analyze current and future losses, and develop a legal strategy to obtain the highest amount of compensation.
Breach of Duty
A duty is an obligation that is borne out of the relationship. For instance it is a duty to pay taxes or not rob. If a medical professional owes you a duty, they must take reasonable care to protect your best interests. In a medical malpractice case failing to meet this standard can be called negligence. This is what leads to birth injuries, which include cerebral palsy and 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 owed her the highest level of care and that they breached this duty by acting negligently. The breach must be linked to the harm suffered, which means that the healthcare professional's actions or inactions must differ from what other doctors would have done in similar situations.
One example is a doctor who fails to call for an emergency C-section even though the mother and baby are in fetal distress. This is the most common kind of medical malpractice that's being alleged in birth injuries.
Healthcare professionals can also be in breach if they make rash decisions or exhibit poor judgment. This could be due to administering incorrect medication or mishandling surgical procedures. In a lot of cases it is possible to avoid negligence 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 devastating birth trauma. Compensation can cover medical costs and ongoing therapy, as well as assistive devices and other expenses. Our Atlanta birth injury lawyers are prepared to assist victims receive the compensation they need. The damages you can receive depend on the severity of your child's injuries as well as the impact they'll have on their life for the next few years. Our attorneys will examine your case carefully, Atlanta Birth Injury Attorneys gather all the evidence needed, and determine how much you are due in damages. We will then work with you to negotiate an acceptable settlement. If a settlement is not reached, we will prepare for trial. Contact us today if suspect your child's physician was negligent.
Causation
A birth injury lawsuit against a healthcare professional requires the proof of several legal elements. One of the most important elements is that a medical professional failed to meet a reasonable standard within their field 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 create a strong argument for their clients.
The second element of a claim for medical malpractice is causation, which means that the negligent actions or failures to act directly led to an injury to the patient. This is a crucial aspect and expert medical witnesses will be able to prove that the medical professional was deviating from the accepted standards of medical practice in their area, which caused the victim to suffer an injury.
For a medical malpractice claim to succeed the plaintiff must show that their injuries are legal under Georgia's law. Compensation for medical malpractice may include both economic and non-economic damages. Economic damages are usually granted to cover costs such as rehabilitation costs, medical expenses of ongoing treatment and loss of quality of life, and lost wages resulting from taking time off from work. Non-economic damages are awarded for emotional distress or discomfort, and mental anguish that results from the injury.
A skilled Atlanta birth injuries lawyer will examine the medical records to determine who is accountable for your child’s injuries and how they could have been avoided. Depending on the circumstances, the hospital or other healthcare professionals could be accountable for the negligence.
A dedicated Atlanta birth injury lawyer can aid parents whose children are born with a severe disability such as cerebral palsy or severe spinal injuries. They can also seek financial assistance to improve the quality of life their child and pay future medical expenses. An attorney will look into your case and present a strong claim against the parties responsible. They know the science behind these types of injuries, the roles doctors and hospital staff are involved in, and the consequences of a mishap can impact your family's future.
Damages
Whatever the best intentions of doctors are, medical errors happen. If they do, the consequences can be devastating for families. Their lives could be forever altered by the injuries and they will continue to require medical attention. The damages awarded can help pay for these expenses and compensate them for their other losses.
A family may bring a lawsuit based on birth injuries to hold a medical professional accountable for their negligence and to recover financial compensation. The lawyer handling the case will collect all pertinent information, including medical records. Once they have collected all the information they will present a lawsuit in court with the doctor and the hospital as defendants. Following this, they will seek an amount of settlement, although there is no guarantee that they will agree to one.
In addition to financial damages, families may be awarded non-economic, pain and suffering damages. These are meant to pay for the emotional trauma and distress that the child and her family endured. These aren't easy to determine however, a skilled lawyer can try to negotiate an appropriate settlement for the child's and his or her parents' losses.
There are also punitive damages which are designed to punish the at-fault party for his or her egregious actions and discourage others from engaging in similar actions. These damages are rare in medical malpractice cases, however they can be awarded when a jury finds that the defendant's conduct was particularly egregious.
If you suspect that your child has suffered an injury related to birth due to the inattention or negligence of the healthcare professional, it is important to speak with an atlanta birth injury lawsuit birth injury lawyer as soon as you can. The statute of limitations is the deadline to file your birth injury claim. Your lawyer can tell you how much time you still have.