10 Unexpected Atlanta Birth Injury Lawsuit Tips

Birth Injury Lawsuits

If your child is injured at birth as a result of medical negligence it could have long-lasting consequences. Our Atlanta birth injury lawyers assist families obtain compensation to cover their long-term medical needs and loss of future earnings.

To make a convincing case, we must show that healthcare providers failed to ensure a high standard of care. We gather evidence through eyewitness testimony, expert medical opinions, and photos and videos.

Duty of Care

Medical staff and OB-GYN doctors are required to provide the highest quality of care to their patients. This obligation is derived from the laws that regulate the healthcare industry and the rules and regulations set by medical professionals' professional organizations.

A doctor could be held responsible for injuries caused by negligence if they fail to meet the standards. However the successful claim for malpractice requires a thorough investigation as well as a strong case built on evidence that is credible, such as medical documents and eyewitness testimony. A birth injury lawyer in Atlanta is well-versed in investigating these cases and understands how to quickly gather information, while the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff has to establish four elements: 1) the doctor's duty to comply with the standards of care; 2)) the breach of the duty occurred; 3) the breach by the defendant directly caused the injury and four) the injury resulted in damages. The determination of each of these elements requires an expert witness. These experts are medical professionals who have extensive experience and know-how in their field. A skilled birth injury attorney has a network of expert witnesses throughout the country who they can use to testify in each case.

It is not uncommon for doctors with good intentions to make errors that can harm children. These errors could be due to misdiagnosis, failure to detect the signs of distress in the fetus, medication errors surgical errors, the inability to perform an emergency C section when required.

The damage caused by the child could be significant. A compassionate Atlanta birth injury attorney can help these families receive the compensation they deserve for their losses and hardships. These losses could include medical expenses loss of income, permanent treatment, mental anguish, and pain and suffering.

The lawyers at Grant Law Office are dedicated to helping victims of medical malpractice and their families get the financial assistance they need to cover their future medical needs. This includes enlisting 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 legally enforceable that stems from the relationship between two parties, for example, an expectation that you pay your taxes or a duty not to take something from someone else. A medical professional who has the obligation to you must act in your best interest. In a medical malpractice case the failure to adhere to 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 owed her the highest standard of care, and that they acted in breach of that duty by committing negligence. The breach must also be connected to the injuries sustained by the plaintiff and this requires proving that the healthcare professional's actions or lack of action deviated from what other medical experts would have done in similar circumstances.

A doctor who refuses to order an emergency C section when both mother and child are in fetal distress is an example. This is the most frequent kind of medical malpractice that is claimed in a case of birth injury.

Another form of breach occurs when medical professionals act recklessly or displays poor judgment. This could include administering improper medication or mishandling surgical procedures. In a lot of cases, negligence is preventable by medical professionals who are aware of the risks that could affect a pregnant patient.

A successful medical malpractice case can help a family recover financially from a devastating birth trauma. 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 are entitled to. The amount you will get depend on the severity of your child's injuries as well as the impact they will have on their life going forward. Our lawyers will carefully review your case, collect the relevant evidence, and determine what damages you are owed. We will then collaborate with you to negotiate an equitable settlement. If a settlement isn't reached we will prepare for trial. Contact us today if you suspect your child's physician was negligent.

Causation

Bringing 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 a reasonable standard of care in their area of expertise. Expert testimony is used to establish this aspect of an action for medical malpractice. 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 medical malpractice claim is causation. This means that the negligent actions or failures to act directly caused injury to the patient. This is an essential element and Atlanta Birth Injury Attorneys expert medical witnesses can provide evidence that the medical professional was deviating from the accepted standards of medical practice in their area, which caused the victim to suffer an injury.

In order to win a medical malpractice case, the plaintiff will also be required to prove that the injuries are legal under Georgia law. The compensation for medical malpractice may include both economic and non-economic damages. Economic damages are typically awarded to cover costs such as rehabilitation costs, medical expenses of ongoing treatment, loss of quality of life, and lost earnings due to having to take time off work. Non-economic damages are awarded to compensate for emotional suffering, pain and distress, and mental anguish related to the injury.

A skilled Atlanta birth injury lawyer will examine the medical records to determine who was accountable for your child's injuries and look into how these mistakes could have been prevented. Based on the circumstances, the hospital or other healthcare professionals could be accountable for the error.

A dedicated Atlanta birth injury lawyer can aid parents whose children are born with a serious disability such as cerebral palsy or a serious spinal injury. They can also obtain financial assistance to improve the quality of life for their child and pay for future medical expenses. An attorney will look into your case and file an argument that is convincing against the responsible parties. They are aware of the science behind these injuries, the role that doctors and hospital staff play in their care, and how a mistake can affect the future of your family.

Damages

No matter how well-intentioned doctors are, medical mistakes occur. When they do, the repercussions could be devastating for families. The injuries could alter their lives forever, leaving them with a constant need for medical care and other costs that will never cease. The compensation awarded could assist in paying for these costs and compensate them for their other losses.

A family could start a lawsuit for birth injuries to hold the healthcare professional responsible for the error and seek the financial compensation. The attorney handling the case will gather all pertinent information, including medical records. Once they have this information, they will file the lawsuit with the court including the doctor and hospital as defendants. After this, they will seek an amount for a settlement, but there is no guarantee they will accept one.

A family could also be awarded damages for pain and suffering or non-economic damages, in addition to economic damages. These are intended to pay for the emotional trauma and suffering that the child and family suffered. These settlements can be difficult to calculate, but a knowledgeable lawyer could try to get an appropriate settlement that compensates the child and his or parents for their losses.

Punitive damages are designed to penalize the party responsible for their reckless behavior and discourage others from engaging in similar conduct. These are uncommon in medical malpractice cases, but could be awarded if the jury is convinced that the defendant's actions were particularly egregious or reckless.

If you suspect that your child has suffered injuries related to birth because of the negligence or carelessness of a healthcare professional It is crucial to speak with an Atlanta birth injury lawyer as quickly 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.