Birth Injury Lawsuits
If your child suffers an injury during birth because of medical negligence It can have lasting consequences. Our Atlanta birth injury lawyers can help families recover compensation to cover their medical bills for the long-term and loss of future earnings.
To make a convincing case, we must prove that healthcare professionals did not adhere to a high standard of care. We gather evidence from eyewitness testimony as well as expert medical opinions and 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 stems from the laws that regulate the healthcare industry, as well as the rules and regulations established by medical professionals' professional organizations.
A physician who fails adhere to the standards of care can be held liable for any injuries caused by their negligence. A successful malpractice case will require a thorough investigation and a convincing case based on credible evidence like medical documents and eyewitness testimony. A birth injury lawyer in Atlanta is well-versed in investigating these cases and knows how to gather information quickly while the evidence is still in its infancy.
In a Georgia malpractice lawsuit, the plaintiff needs to prove four elements one of which is) that the doctor was under a duty to follow the standard of care, 2)) that there was a breach, 3) the defendant breach directly caused the injuries and four) damages were triggered by the injuries. Establishing each element requires an expert witness. These experts are medical professionals with vast experience and expertise in their field. A qualified birth injury attorney will have an extensive network of expert witnesses across the country that they can call on to testify in every case.
Although https://vimeo.com/706781628 are the result of medical negligence, it's not uncommon for doctors who are well-meaning to make mistakes and hurt a child. These errors could be due to misdiagnosis, failure to detect the signs of distress in the fetus, medication errors, surgical errors, or the failure to perform an emergency C-section if needed.
The damage that the child suffers can be devastating. A compassionate Atlanta birth injury lawyer can help these families get the compensation they are entitled to for all their troubles 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 stress.
Grant Law Office is dedicated to helping patients affected by medical malpractice, as well as their families, obtain the financial support they need to pay the future medical bills. This involves hiring medical and financial experts to assess current and future losses, and then putting together a legal strategy to obtain the highest amount of compensation.
Breach of Duty
A duty is an obligation legally enforceable that stems from an agreement, like the expectation that you pay your taxes or a duty not to take something from someone else. If a medical professional is obligated to you an obligation, they must exercise reasonable care in your best interests. In a medical malpractice lawsuit in which they fail to meet this standard is termed negligence. Birth injuries, like cerebral palsy and birth-related disabilities are caused by this.
To prove medical malpractice, the plaintiff (in this case the mother of the child) must demonstrate that the healthcare provider was obligated to them with a high standard of care and that the healthcare professional violated the duty of care by committing a negligent act. The breach has to be tied to the injury suffered by the healthcare professional's actions or inactions must differ from what other doctors 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 baby are in fetal distress. This is the most typical form of medical malpractice that's accused in birth injuries.
A healthcare professional can also be guilty of a breach if they make rash decisions or exhibit poor judgment. This can include administering incorrect medication or handling surgical procedures in a way that is not safe. In many cases it is possible to avoid negligence if medical professionals are aware of the dangers that could affect a newborn patient.
A successful medical malpractice case can help a family recover financially from a severe birth trauma. Compensation can cover medical costs and ongoing therapy, as well as assistive equipment, and many other losses. Our Atlanta birth injury lawyers are ready to help victims get the compensation they deserve. The amount of damages you may be entitled to is contingent upon the extent and impact of your child's injuries. Our lawyers will review your case carefully, gather all the evidence needed and determine the amount you are owed in damages. We will then negotiate an equitable settlement with you. If a settlement cannot be reached then we will prepare for trial. If you believe the medical professional treating your child committed error, call us today to get started on your birth injury claim.
Causation
In order to bring a lawsuit against a healthcare professional over a birth injuries, you must prove several legal elements. One of the most crucial elements is that a medical professional did not to meet a reasonable standard within their field of expertise. Expert testimony is used to establish this aspect of an action for medical malpractice. Atlanta birth injury attorneys will consult with the top experts in their field to create a strong argument for their clients.
The next step is to establish the cause in the medical malpractice case. This means that the negligent actions or inactions directly resulted in injuries to the patient. This is an additional crucial element and expert medical witnesses can provide evidence that the medical professional strayed from the accepted standards of their field and led to the victim being injured.
In order for a medical malpractice claim to be successful the plaintiff must show that their injuries are legal under Georgia's law. Compensation for medical malpractice can include both economic and non-economic damages. Economic damages are awarded to cover medical expenses as well as ongoing treatment, loss of quality of life, and loss of wages due to time off work. Non-economic damages may be awarded to compensate for emotional distress, pain and suffering and mental stress due to the injury.
A experienced Atlanta birth injury lawyer will review the medical records to determine who was responsible for your child's injuries, and they will examine how these errors could have been prevented. Depending on the circumstances medical professionals, other healthcare professionals, or even the hospital itself could be accountable for the malpractice committed by the doctor.
If a child of a parent is born with a severe condition such as cerebral palsy, a serious spinal cord injury or any other mental or physical disability, an experienced Atlanta birth injury attorney can help them obtain financial aid to improve the quality of their child's life and help with future medical needs. A lawyer will work diligently to investigate your situation and file an effective claim against the accountable parties. They know the science behind these kinds of injuries, the roles hospital staff and doctors play in them and how the consequences of a mishap could affect your family's future.
Damages
Medical mistakes can happen regardless of how well-intentioned the doctors are. The consequences of medical errors can be devastating for families. Their lives may be forever changed due to the injuries, and they will require medical attention. The compensation awarded could help pay for these expenses and compensate them for their other losses.
A family may file a lawsuit for birth injuries to hold a medical professional accountable for their negligence and to recover financial compensation. The lawyer handling 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 hospital and doctor as defendants. They will then ask for an agreement, but there is no guarantee that they will agree to one.
In addition to financial damages, a family could be awarded non-economic, pain and suffering damages. These are a way to cover the emotional trauma and stress that the child and his or family members endured. These settlements can be difficult to calculate, but a knowledgeable lawyer can try to negotiate a fair settlement to compensate the child as well as his or her parents for the losses they suffered.
There are also punitive damages, that are intended to punish the party at fault for their egregious behavior and discourage others from engaging in similar behavior. These damages are not common in medical malpractice cases, however they can be awarded when a jury finds that the defendant's actions were particularly indecent.
If your child sustained an injury to their birth due to the negligence of a health care professional, you should to speak with an experienced Atlanta birth injury attorney as soon as possible. The statute of limitations is the time limit for filing your claim for birth injury. Your lawyer will be able tell you how long you have left.