10 Atlanta Birth Injury Lawsuit Techniques All Experts Recommend
Birth Injury Lawsuits
When your child suffers an injury of a serious nature in the birth due to medical negligence, the consequences can be a long-lasting issue. Our Atlanta birth injury lawyers assist families recover compensation to cover their medical bills for the long-term and lost future earnings.
To make a convincing case, we must prove that healthcare providers failed to keep up with the highest standards of care. We gather evidence using eyewitness testimonies, expert medical opinions, photos 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 as well as the rules and regulations established by medical professionals professional institutions.
A doctor can be held liable for injuries caused by negligence if they fail to meet the standards. However, a successful malpractice claim requires a thorough investigation and a strong case built on evidence that is credible, such as medical records and witness testimony. An Atlanta birth injury lawyer is skilled in investigating these cases and knows how to gather all the necessary information quickly while the evidence is still fresh.
In a Georgia malpractice lawsuit, the plaintiff has to prove four elements: 1)) the doctor's duty to comply with the standard of care; two) the breach of that duty occurred; 3) the defendant's breach directly caused the injury; and 4) the injury caused damages. Establishing each element requires an expert witness. These experts are medical professionals with vast experience and expertise in their area of expertise. A skilled birth injury attorney will have an extensive network of expert witnesses across the country that they can use to testify in every case.
It is not unusual for doctors with good intentions to make mistakes that can harm the child. These errors could be due to misdiagnosis, atlanta birth Injury Attorneys failure to detect fetal distress, medication errors, surgical errors, or the inability to perform an emergency C-section if needed.
Often, the damage suffered by the child may be 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 expenses, lost income, lifelong treatment, mental anxiety, and suffering and suffering.
The lawyers at Grant Law Office are dedicated to helping victims of medical malpractice as well as their families get the financial support they need to pay for their future medical expenses. This includes bringing in medical and financial experts to assess current and future losses, and to develop a legal plan to seek maximum compensation.
Breach of Duty
A duty is a legal obligation that arises from an agreement, like the expectation that you pay your taxes or a duty not to steal. If a medical professional owes you a duty, they have to use reasonable care to safeguard your best interests. In a medical malpractice case 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.
In order to prove medical malpractice, the plaintiff (in this case the mother of the child) must demonstrate that the healthcare professional was responsible for a high level of care, and that they acted in breach of the duty of care in their negligence. The breach must be linked to the injury sustained and the healthcare professional’s actions or inactions must be different from what other doctors would have done in similar circumstances.
A good example of this is a doctor who fails to request an emergency C-section if the mother and baby are experiencing distress in the fetus. This is the most frequent type of medical malpractice alleged in a birth injury case.
A healthcare professional can also commit a breach when they act recklessly or show poor judgment. This could include administering improper medications or ignoring surgical procedures. In many cases, medical professionals can prevent mistakes by being aware of the risks that could be posed to a patient during pregnancy.
A successful medical malpractice claim can help families financially recover from a serious birth injury. Compensation can pay for medical expenses and ongoing therapy, as well as assistive equipment, and many other losses. Our Atlanta birth injury attorneys are ready to help victims receive the compensation they need. The amount of damages you are entitled to depends on the severity and impact of your child's injuries. Our lawyers will review your case in detail, gather the required evidence, and determine how much you are due in damages. We will then collaborate with you to negotiate a fair settlement. If a settlement isn't reached then we will prepare for trial. If you believe that the medical professional who treated your child was guilty of error, call us today to start your birth injury claim.
Causation
A birth injury lawsuit against a healthcare provider needs the proof of several legal elements. One of the most crucial elements is that the medical professional violated their obligation to patients by failing to adhere to an acceptable standard of care in their field of expertise. Expert testimony is used to establish this element of medical malpractice claims. Atlanta birth injury attorneys will consult with the top experts in their field to create a strong argument for their clients.
Causation is the next element in a medical malpractice case. This means that the negligent act or the failure to act directly caused 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 to prevail in an action for medical malpractice, the plaintiff will also need to prove that their injuries are compensated under Georgia law. Compensation for medical malpractice damages can include both economic and non-economic damages. Economic damages are typically granted to cover costs like medical expenses, rehabilitation, ongoing treatment and loss of quality of life and lost earnings due to having to take off from work. Non-economic damages are awarded for emotional distress, pain and discomfort, and mental anguish that results from the injury.
A skilled Atlanta birth injury lawyer will scrutinize the medical records in order to determine who is responsible for the injuries suffered by your child and the ways they could have been prevented. Depending on the circumstances, the hospital or other healthcare professionals could be accountable for the negligence.
When a person's child is born with a serious condition such as cerebral palsy or a serious spinal cord injury, or other physical or mental disability, an experienced Atlanta birth injury attorney can help them get financial assistance to improve the quality of their child's life and provide for future medical requirements. A lawyer will work diligently to analyze your situation and bring an argument that is persuasive against the accountable parties. They understand the research behind these injuries, the roles that doctors and hospital staff plays in these accidents, and how errors can impact the future of your family.
Damages
No matter how well-intentioned doctors are, medical mistakes happen. If they do, the consequences can be devastating for families. Their lives can be forever altered due to the injuries, and they will require medical care. The compensation awarded could assist in paying for these costs and help them recover for other losses.
A family may file a lawsuit for birth injury to hold a medical professional accountable for their mistake and also to get financial compensation. The lawyer who handles the case will first collect all relevant information, including medical records. Once they have all the information, they will file the lawsuit with the court with the hospital and the doctor as defendants. After this, they will request a settlement amount, though there is no guarantee that they will accept one.
In addition to financial damages, families may be awarded non-economic, pain and suffering damages. These damages are meant to compensate a child's family for the emotional distress and trauma they suffered. These can be a challenge to estimate however, a skilled attorney could try to obtain a fair settlement for the child's as well as his or her parents' losses.
There are also punitive damages which are designed to punish the at-fault party for their indefensible conduct and deter others from engaging in similar actions. These damages are rare in medical malpractice cases, Atlanta Birth Injury Attorneys but they are awarded when the jury determines that the defendant's actions were especially egregious.
If your child has suffered an injury to their birth due to the negligence of a health professional, you may want to speak with an experienced Atlanta birth injury attorney as soon as you can. The statute of limitations is the deadline for filing your birth injury claim. Your lawyer will be able to tell you the amount of time you still have.