A Guide To Atlanta Birth Injury Lawsuit From Start To Finish
Birth Injury Lawsuits
If your child suffers an injury that is serious at birth due to medical negligence, the effects can last a lifetime. Our Atlanta birth injury attorneys can help families obtain compensation for long-term medical bills and future loss of income.
To build a convincing case, we need to prove that healthcare providers failed to keep up with the highest standards of care. We gather evidence through eyewitness accounts, medical experts' opinions, photographs and videos.
Duty of Care
OB-GYN doctors and medical personnel are obliged to provide patients with the standard of treatment. This obligation stems from the laws that regulate the healthcare industry and the rules and regulations set by medical professional associations.
A doctor who fails to meet the standards of care may be held accountable for injuries caused by their negligence. A successful malpractice claim will require a thorough investigation as well as a solid case that is based on reliable evidence like medical records and eyewitness testimony. A birth injury lawyer in Atlanta is well-versed in the investigation of these cases and knows how to quickly collect information and efficiently, even though 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 had a duty to follow the standard of care,) that a breach occurred, 3) the defendant breach directly caused the injuries, and four) damages were caused by the injuries. The determination of each of these elements requires an expert witness. They are medical professionals with extensive experience in their field as well as familiarity with accepted practices. A competent birth injury lawyer will have experts throughout the country who they can use to testify in any case.
It is not unusual for doctors with good intentions to make mistakes that cause harm to children. These errors can result in misdiagnosis or failure to detect fetal stress, medication errors, surgery mistakes, or inability to perform a C-section in a hurry.
The damage that the child suffers can be severe. A caring Atlanta birth injury attorney can help families get the compensation they are entitled to for their losses and hardships. These losses could include medical costs as well as loss of income, the cost of life-long medical treatment and care, pain and suffering, and mental anguish.
The attorneys at Grant Law Office are dedicated to helping those affected by medical malpractice and their families get the financial support they need to pay for their future medical expenses. This involves hiring medical and financial experts to assess the current and future losses and to develop a legal plan to seek maximum compensation.
Breach of Duty
A duty is an obligation imposed by law that results from the relationship between two parties, for example, the expectation that you pay taxes or not to steal. When a medical professional owes you a duty, they have to exercise reasonable care in your best interests. In a medical malpractice lawsuit in which they fail to meet this standard is referred to as negligence. Birth injuries, such as cerebral palsy and birth-related disabilities, are caused by this.
In order to prove medical malpractice, the plaintiff (in this instance the mother of the child) must prove that the healthcare professional was responsible for an exceptional standard of care, and that they violated the duty of care by acting negligently. The breach must also be connected to the injury that the plaintiff suffered and this requires proving that the healthcare professional's actions or inaction deviated from what other medical experts would have done in similar circumstances.
A doctor who refuses to request an emergency C section when both mother and child are in distress is a prime example. This is the most frequent kind of medical malpractice that is alleged in birth injuries.
Another form of breach occurs when a healthcare professional acts recklessly or displays poor judgment. This could be due to administering incorrect medications or ignoring surgical procedures. In many instances, negligence is preventable when medical professionals are aware of the dangers that could affect a newborn patient.
A successful medical malpractice case can aid a family in recovering financially from a serious birth trauma. Compensation can cover medical expenses, ongoing therapy, assistive devices and other expenses. Our Atlanta birth injury lawyers are prepared to help victims receive the compensation they deserve. The damages you could receive will depend on the severity of your child's injuries as well as the impact they will have on their lives in the future. Our lawyers will analyze your case with care, collect all the evidence needed, and determine how much you are owed in damages. We will then negotiate an equitable settlement with you. If a settlement isn't reached we will prepare for trial. Contact us today if believe your child's doctor was negligent.
Causation
The process of bringing a birth injury lawsuit against a healthcare provider requires the presentation of a number of legal aspects. One of the most crucial elements is that the medical professional violated their obligation to patients by not adhering to a reasonable standard of care within their area of expertise. Expert testimony is used to establish this aspect of a claim for medical malpractice. atlanta birth injury attorneys (click this) will consult the best experts in their field to create an argument that is convincing for their clients.
The second element of a claim for medical malpractice is causation, meaning 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 can provide evidence that the medical professional deviated from the accepted norms in their field that caused the victim to be injured.
In order for a medical malpractice claim to succeed, the plaintiff must also demonstrate that their injuries were legal under Georgia's law. Compensation for medical malpractice can include both economic and non-economic damages. Economic damages are awarded to pay for medical expenses as well as ongoing treatment, loss in quality of life, as well as lost earnings due to time off from work. Non-economic damages may be awarded to compensate for emotional suffering, pain and distress and mental trauma due to the injury.
A competent Atlanta birth injury lawyer will examine the medical records in order to determine who is accountable for the injuries suffered by your child and the ways they could have been avoided. Based on the circumstances the hospital or other healthcare professionals could be accountable for the error.
If a child of a parent is born with a serious condition, such as cerebral palsy or a serious spinal cord injury or any other mental or physical disability, an experienced Atlanta birth injury attorney can assist them in obtaining financial aid to improve their child's quality of life and provide for future medical requirements. An attorney will look into your case and file an argument that is convincing against the responsible parties. They know the science behind these kinds of injuries, the roles that doctors and hospital personnel play in them and how the consequences of a mishap can affect the future of your family.
Damages
No matter how well-intentioned doctors are, medical mistakes happen. The consequences of mistakes made by medical professionals can be devastating for families. The injuries can alter their lives for the rest of their lives, leaving them with a constant need for medical attention and other expenses that will never go away. The damages awarded can help pay for these expenses and help them recover for other losses.
A family could start a lawsuit for birth injuries to hold the healthcare professional responsible for his or her mistake and to recover financial compensation. The lawyer who handles the case will collect all pertinent information including medical records. Once they have gathered all the relevant information they will file a lawsuit in court and name both the doctor and the hospital as defendants. They can then ask for an agreement, but there is no guarantee they will agree to one.
A family could also be awarded pain and Atlanta Birth Injury Attorneys suffering damages or non-economic damages, in addition to economic damages. These are meant to pay for the emotional trauma and stress that the child and family suffered. They aren't easy to determine however, a skilled attorney could try to obtain a fair settlement for the child's as well as his or parents loss.
There are also punitive damages that are intended to punish the party at fault for their indefensible actions and discourage others from engaging in similar conduct. These damages are uncommon in medical malpractice cases, but they may be awarded if juries find that the defendant's actions were particularly indecent.
If your child has suffered an injury during birth due to the negligence of a health professional, you might want to speak with an experienced Atlanta birth injury attorney immediately. The statute of limitations is the time limit by which you must file your claim for birth injury. Your lawyer will be able to tell you how long you still have.