10 Tips For Atlanta Birth Injury Lawsuit That Are Unexpected
Birth Injury Lawsuits
If your child suffers an injury of a serious nature at birth due to medical negligence, the repercussions could last a lifetime. Our Atlanta birth injury attorneys help families seek compensation for their long-term medical costs and future loss of income.
To make a convincing case, we need to demonstrate that healthcare providers did not maintain a high level of care. We gather evidence through eyewitness testimony, expert medical opinions, photos and videos.
Duty of Care
Medical staff and OB-GYN doctors 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 formulated by medical professionals' professional associations.
A physician who fails meet the standard of care can be held liable for injuries caused due to their negligence. However an effective malpractice claim requires a thorough investigation as well as a strong case built on solid evidence, such as medical documents and eyewitness testimony. A birth injury lawyer in Atlanta is experienced in investigating these cases and understands how to gather information quickly, while the evidence is still fresh.
In a Georgia malpractice lawsuit, the plaintiff has to prove four elements: 1)) the duty of a doctor to adhere to the standard of care; 2)) the breach of that duty occurred; 3) the breach by the defendant directly caused the injury; and four) the injury caused damages. Each element must be determined by an expert witness. They are medical professionals who have extensive experience and know-how in their area of expertise. A skilled birth injury lawyer will have a nationwide network of expert witnesses that they can call to provide evidence.
It is not unusual for doctors with good intentions to make mistakes that cause harm to children. These mistakes can include the wrong diagnosis or inability to recognize fetal stress, medication errors, surgery errors, or failure to perform a C-section in a hurry.
The harm suffered by the child may be substantial. A caring Atlanta birth injury attorney can help families get the compensation they are entitled to for their losses and hardships. These losses can include medical expenses loss of income, permanent treatment, mental anguish and suffering and pain.
The attorneys at Grant Law Office are dedicated to helping the victims of medical malpractice and their family members get the financial support they need to cover their future medical needs. This includes bringing in experts in the field of medicine and finance to assess the current and future losses and create a solid legal strategy to seek maximum compensation.
Breach of Duty
A duty is a legal obligation that arises out of the relationship. For example, a duty to pay taxes or not rob. A medical professional who is bound by the obligation to you must act in your best interest. In a lawsuit involving medical malpractice in which they fail to meet this standard is referred to as negligence. Birth injuries, like cerebral palsy, Atlanta Birth Injury Attorneys birth-related disabilities, and others are caused by this.
To prove medical malpractice, the plaintiff (in this instance the mother of the child) must show that the healthcare professional owed them a high duty of care and that the healthcare professional breached this duty by acting negligently. The breach has to be tied to the harm suffered, which means that the healthcare professional’s actions or inactions have to have been different from what other doctors would have done in similar situations.
One example of this is a doctor who fails to call for an emergency C-section even though the mother and baby are experiencing fetal distress. This is the most frequent type of medical malpractice that's accused in birth injury cases.
A healthcare professional may also be guilty of a breach if they are reckless or display poor judgment. Examples of this include administering the wrong medication or mishandling an operation. In many cases, negligence is preventable if medical professionals are aware of the dangers that could affect a newborn 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 costs as well as ongoing therapy, assistive devices, and other losses. Our Atlanta birth injury lawyers are available to assist victims receive the compensation they deserve. The amount you will get depend on the severity of your child's injuries as well as the impact they'll have on their lives going forward. Our attorneys will thoroughly review your case, gather the relevant evidence, and determine what damages you are owed. We will then negotiate an equitable settlement with you. If a settlement is not reached then we will prepare for trial. Contact us today if believe your child's doctor committed negligence.
Causation
To bring a lawsuit against a healthcare professional over a birth injury, you need to prove 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 testimony is used to establish this aspect of medical malpractice claims. Atlanta birth injury attorneys will consult with the top experts in their field to build an argument that is convincing for their clients.
The second element of a medical malpractice claim is causation. This means that the negligence or failures to act directly resulted in injury to the patient. This is an additional crucial element and expert medical witnesses can provide evidence that the medical professional strayed from the accepted norms in their field that caused the victim to be injured.
To win a medical malpractice case, the plaintiff will also need to prove that their injuries are compensable under Georgia law. The compensation for medical malpractice can include both economic and non-economic damages. Economic damages are typically granted to cover costs like rehabilitation costs, medical expenses of ongoing treatment, loss of quality of life, and lost earnings due to having to take off from work. Non-economic damages can be awarded to compensate for emotional distress, pain and suffering and mental stress due to the injury.
A competent Atlanta birth injury lawyer will investigate the medical records to determine who was accountable for your child's injuries, and they will look into how these mistakes could have been avoided. Depending on the circumstances, 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 or a serious spinal cord injury, or any other mental or Atlanta birth injury Attorneys physical disability, a dedicated Atlanta birth injury attorney can help them obtain financial support to improve the quality of their child's life and to cover future medical requirements. An attorney will be diligent to analyze your situation and file an argument that is persuasive against the accountable parties. They understand the research behind these injuries, the roles that doctors and hospital staff play in their care, and how a mistake could affect the future of your family.
Damages
Whatever the best intentions of doctors are, medical mistakes happen. When they do, the results can be devastating to families. The injuries could alter their lives for the rest of their lives, leaving them with an ongoing need for medical care and other expenses that will never end. The compensation they receive will help them pay for those expenses and help them recover from other losses.
A family can bring a lawsuit based on birth injury to hold a healthcare professional accountable for their error and to receive financial compensation. The lawyer handling the case will first gather all relevant information, including medical records. After they have gathered all the relevant information, they will bring a lawsuit to court with the hospital and the doctor as defendants. They will then request a settlement, but there is no guarantee that they will agree to one.
In addition to the economic damages, families may be awarded non-economic, pain and suffering damages. These are meant to cover the emotional trauma and stress that a child and his or her family endured. These settlements can be difficult to calculate, however a savvy lawyer could try to get a fair settlement to compensate the child as well as his or her parents for the losses they suffered.
Punitive damages are intended to punish the person responsible for their reckless behaviour and deter others from engaging in similar behavior. They are not common in medical malpractice cases, but can be awarded if a jury is convinced that the defendant's actions were egregious or reckless.
If you suspect that your child has suffered injuries related to birth because of the negligence or carelessness of the healthcare professional It is crucial to speak with an Atlanta birth injury lawyer as soon as possible. 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 the amount of time you have.