An Easy-To-Follow Guide To Choosing Your Atlanta Birth Injury Lawsuit

Birth Injury Lawsuits

When your child is injured during birth because of negligence by a medical professional, it can have long-lasting consequences. Our Atlanta birth injury attorneys help families seek compensation for their long-term medical costs and lost future income.

To build a convincing case, we need to demonstrate that healthcare providers did not maintain a high level of care. We gather evidence from eyewitness testimony, expert medical opinions, and photos and videos.

Duty of Care

OB-GYN physicians and medical staff are required to provide the highest quality of care to their patients. This obligation stems from the laws that govern the healthcare industry, as well as the rules and regulations established by medical professional associations.

A physician who fails to meet the standard of care may be held liable for injuries caused by their negligence. A successful malpractice case will require a thorough investigation, as well as a solid case based on evidence that is credible such as medical records and eyewitness testimonies. An Atlanta birth injury lawyer is skilled in investigating these cases, and they know how to gather the necessary information quickly while the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff has to establish four elements that include: 1)) that the doctor owed obligation to observe the standard of care, 2) that the breach occurred,) the breach by the defendant directly caused the injuries and four) damages were triggered by the injuries. In order to establish each element, Atlanta birth injury attorneys they must have an expert witness. These experts are medical professionals with extensive experience in their field and knowledge of accepted methods. A competent birth injury lawyer will have access to a nationwide network of expert witnesses that they can call upon to be a witness.

Although the majority of birth injury atlanta 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 the wrong diagnosis or inability to recognize the presence of fetal stress, medication errors, surgery errors, or failure to perform a C-section urgently.

Often, the damage suffered by the child can be significant. A compassionate Atlanta birth injury lawyer can assist families to receive the compensation they are entitled to for their losses and hardships. These losses could include medical expenses loss of income, permanent treatment, mental anguish, and suffering and pain.

The lawyers at Grant Law Office are dedicated to helping victims of medical malpractice and their families receive the financial assistance they need to cover their future medical needs. This includes bringing in medical and financial experts to assess the current and future losses and develop a legal strategy to pursue the maximum amount of compensation.

Breach of Duty

A duty is a legal obligation that arises out of an existing relationship. For instance it is a duty to pay taxes or not to steal. A medical professional who is bound by an obligation to you must act in your best interests. In the event of a medical malpractice lawsuit, failure to meet this standard could be deemed negligence. Birth injuries, such as cerebral palsy, birth-related disabilities, and others are caused by this.

To prove medical malpractice, the plaintiff (in this case, the child's mother) must prove that the healthcare professional had a duty of care and that the healthcare professional violated this duty by committing negligence. The breach has to be tied to the injury suffered by the healthcare professional’s actions or inactions should be different from what other doctors would have done in similar circumstances.

One example is the doctor who does not request an emergency C-section if the mother and baby are experiencing fetal distress. This is the most common kind of medical malpractice that is claimed in a case of birth injury.

A healthcare professional can also be in breach if they are reckless or display poor judgment. This can include administering incorrect medication or handling surgical procedures in a way that is not safe. In a lot of cases it is possible to avoid negligence if medical professionals are aware of the dangers that could affect a pregnant patient.

A successful medical malpractice case can aid a family financially to recover from a serious birth injury. Compensation can cover medical costs as well as ongoing therapy, assistive equipment, and other expenses. Our Atlanta birth injury lawyers are ready to help victims recover the compensation they deserve. The amount of damages you could be entitled to will depend on the severity and the impact of your child's injury. Our attorneys will examine your case in detail, gather the required evidence, and determine how much you are owed in damages. We will then collaborate with you to negotiate an equitable settlement. If a settlement is not reached, we will then prepare for trial. If you believe that the medical professional treating your child committed error, call us today to start your birth injury claim.

Causation

The process of bringing a birth injury lawsuit against a healthcare provider requires the proof of several legal elements. One of the most important elements is that the medical professional breached their duty to patients by failing to adhere to a reasonable standard of care within their specialty. Expert evidence is used to prove this aspect of medical malpractice claims. Atlanta birth injury attorneys will consult the best experts in their field to construct a strong argument for their clients.

The next element of a claim for medical malpractice is causation, which means that the negligent actions or failures to act directly resulted in injury to the patient. Again, this is a crucial element and expert medical witnesses can provide evidence that the medical professional was deviating from the accepted standards of medical practice in their field, which resulted in the victim suffering an injury.

In order to win a medical malpractice case the plaintiff will have to prove that their injuries are compensable under Georgia law. Compensation for medical malpractice can be a combination of economic and non-economic damages. Economic damages are typically granted to cover costs such as rehabilitation, medical expenses, ongoing treatment loss of quality of life, and lost wages due to taking time off from work. Non-economic damages are awarded for emotional distress, pain and discomfort, and mental anguish that results from the injury.

A experienced Atlanta birth injury lawyer will examine the medical records to determine who was accountable for your child's injuries and will investigate how these errors could have been avoided. Depending on the circumstances the other healthcare professionals or even the hospital itself could be held accountable for the medical malpractice.

If a child of a parent is born with a serious condition, such as cerebral palsy, a serious spinal cord injury or any other mental or physical disability, an experienced Atlanta birth injury lawyer can help them get financial aid to enhance their child's quality of life and provide for future medical requirements. An attorney will be diligent to investigate your situation and make an argument that is persuasive against the accountable parties. They know the science behind these injuries, the role that hospital staff and doctors play in these accidents, and how errors could affect the future of your family.

Damages

Medical errors can occur, no matter how well-intentioned the doctors may be. The consequences of medical mistakes can be devastating for families. Their lives could be forever changed by the injuries and they will continue to require medical care. The damages awarded can aid in the payment of these expenses and also compensate them for other losses.

A family may bring a lawsuit based on birth injuries to hold a healthcare professional accountable for their error and also to get financial compensation. The lawyer handling the case will first collect all relevant information, including medical records. Once they have gathered all the information they will file a lawsuit in court with the doctor and the hospital as defendants. After that, they'll request an amount for a settlement, but there is no guarantee that they will agree to one.

In addition to financial damages, families may be awarded non-economic, pain and suffering damages. These damages are intended to compensate the family of a child for the emotional pain and trauma they experienced. Settlements aren't easy to calculate, however a savvy lawyer could try to get an equitable settlement to compensate the child as well as his or her parents for the losses they suffered.

Punitive damages are intended to punish the party responsible for their reckless behavior and deter others from engaging in similar conduct. These damages are rare in medical malpractice cases, but they can be awarded when the jury determines that the defendant's actions were particularly indecent.

If your child suffered a birth injury due to the negligence of a health care professional, you may want to contact a dedicated Atlanta birth injury lawyer as soon as you can. There is a specific deadline, known as the statute of limitations within which you can submit a birth injury claim, and the lawyer who works on these types of claims is able to advise you on the timeframe you have left.