Say "Yes" To These 5 Atlanta Birth Injury Lawsuit Tips
Birth Injury Lawsuits
If your child suffers an injury during birth as a result of negligence by a medical professional It can have lasting consequences. Our Atlanta birth injury lawyers can help families recover compensation to cover their long-term medical needs and future loss of earnings.
To make a convincing argument, we must show that healthcare professionals failed to uphold a high standard of care. We gather evidence through eyewitness testimony and expert medical opinions and photos and videos.
Duty of Care
Medical staff and doctors who treat OB-GYN patients are obliged to offer patients the highest level of treatment. This obligation stems from healthcare laws and rules and regulations set by medical professionals and professional institutions.
A physician who fails meet the standards of care may be held accountable for injuries caused through their negligence. However an effective malpractice claim requires a thorough investigation as well as a solid case based on evidence that is credible, such as medical records 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 is required to establish four elements: 1) that the doctor owed a duty to follow the standard of care, 2)) that the breach occurred,) the breach of the defendant directly caused the injuries and four) damages were triggered by the injuries. Each element must be determined by an expert witness. These experts are medical professionals with years of knowledge of their field and familiarity with accepted procedures. A competent birth injury lawyer will have a nationwide network of expert witnesses they can call upon to testify.
Although the majority of birth injuries are the result of medical negligence, it is not uncommon for doctors who are well-meaning to make mistakes that harm a child. These errors can result in mistakes in diagnosis or failure to recognize the signs of stress in the fetus or medication errors, surgical errors, or failure to perform a C-section urgently.
The damage that the child suffers can be devastating. A compassionate Atlanta birth injury lawyer can assist these families receive the compensation they are entitled to for all their difficulties and losses. These losses could include medical expenses loss of income, permanent treatment, mental anxiety, and pain and suffering.
Grant Law Office is dedicated to helping patients affected by medical malpractice, and their families, obtain the financial assistance they need to cover the future medical bills. This includes hiring financial and medical experts to calculate their future and current losses and develop a sound legal strategy to seek the highest amount of compensation.
Breach of Duty
A duty is an obligation imposed by law that results from an agreement, like an expectation that you pay taxes or atlanta birth injury Lawyers a promise not to take something from someone else. When a medical professional owes you an obligation, they must take reasonable care to protect your best interests. In the case of medical malpractice the failure to adhere to this standard is referred to as negligence. Birth injuries, such as cerebral palsy, 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 was obligated to provide an exceptional standard of care, and that they violated that duty by acting negligently. The breach has to be tied to the harm suffered by the healthcare professional’s actions or inactions must have been different from what other doctors would have done in similar situations.
One example is the doctor who does not order an emergency C-section when the mother and baby are in distress in the fetus. This is the most frequent kind of medical malpractice alleged in birth injury cases.
Another form of breach occurs when healthcare professionals are reckless or exhibits poor judgment. Examples of this include administering the wrong medication or mishandling a surgical procedure. In a lot of cases, negligence is preventable if medical professionals are aware of the dangers that could affect a pregnant patient.
A successful medical malpractice case can help a family financially recover from a severe birth injury. Compensation could cover the cost of medical treatment as well as ongoing therapy, assistive devices and other expenses. Our atlanta birth injury lawyers (Fargate writes) are ready to assist victims in obtaining the compensation they are entitled to. The amount of compensation you could be entitled to is contingent upon the extent and impact of the injury to your child. Our lawyers will analyze your case with care, collect the required evidence, and determine how much you are owed in damages. We will then work with you to negotiate a fair settlement. If a settlement is not reached we will prepare for trial. If you believe that the medical professional who treated your child was guilty of negligence, please contact us now to begin your birth injury claim.
Causation
The process of bringing a birth injury lawsuit against a healthcare provider needs proving several legal elements. One of the most crucial elements is that a medical professional failed to adhere to a reasonable standard in their field of expertise. This element of a medical malpractice claim is established by expert testimony, and Atlanta birth injury lawyers will seek out top experts in their field to build a strong case for their clients.
Causation is the second element in a medical malpractice case. This means that the negligent act or inactions, directly led to an injury for the patient. Again, this is a crucial element and expert medical witnesses will provide evidence that the medical professional deviated from the accepted standards of medical practice in their field, which caused the victim to suffer an injury.
In order for a claim based on medical malpractice to be successful, the plaintiff must also prove that their injuries were legal under Georgia's law. Compensation for medical malpractice damages can be a combination of economic and non-economic damages. Economic damages are awarded to cover medical expenses as well as ongoing treatment, loss of quality of life and lost wages due time off work. Non-economic damages can be awarded for emotional distress, pain and discomfort, and mental anguish that results from the injury.
A experienced Atlanta birth injury lawyer will review the medical documents to determine who was responsible for the injuries your child sustained and examine how these errors could have been avoided. Depending on the circumstances, the hospital or other healthcare professionals could be accountable for the negligence.
If a child of a parent is born with a serious condition, such as cerebral palsy, a serious spinal cord injury or other mental or physical disabilities, an experienced Atlanta birth injury attorney can assist them in obtaining financial support to improve their child's quality of life and provide for future medical requirements. A lawyer will diligently to examine your situation and bring an effective claim against the responsible parties. They know the science behind these types of injuries, the roles doctors and hospital staff 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 may be. The consequences of medical mistakes can be devastating for families. Their lives can be forever altered by the injuries and they will always need medical care. The damages awarded will allow them to pay for these expenses and compensate for their other losses.
A family can file a lawsuit for birth injuries to hold a medical professional accountable for their error and to recover financial compensation. The lawyer who handles the case will first collect all relevant information including medical records. Once they have all this information they will file the lawsuit with the court, naming the hospital and doctor as defendants. After this, they will request a settlement amount, atlanta birth injury lawyers though there is no guarantee that they will accept one.
A family could be awarded pain and suffering damages or non-economic damages, in addition to economic damages. These damages are meant to compensate the family of a child for the emotional distress and trauma they experienced. These can be a challenge to estimate however, a skilled lawyer could seek an equitable settlement for the child's or her parents' losses.
There are also punitive damages, that are intended to punish the person at fault for his or her egregious behavior and discourage others from engaging in similar conduct. These are uncommon in medical malpractice cases, however they can be awarded if a jury believes that the defendant's actions were reckless or egregious.
If you believe your child has suffered an injury related to birth due to the carelessness or negligence of a healthcare professional, it is important to contact an atlanta birth injury attorneys birth injury lawyer as quickly as possible. The statute of limitations is the deadline by which you must file your claim for birth injury. Your lawyer will be able tell you how much time you have left.