15 Shocking Facts About Atlanta Birth Injury Lawsuit You've Never Known Birth Injury Lawsuits

If your child suffers an injury that is serious at birth due to medical negligence, the repercussions could be a long-lasting issue. Our Atlanta birth injury attorneys help families obtain compensation for long-term medical costs and loss of future income.

To make a convincing case, we must prove that healthcare providers failed to maintain a high level of care. We gather evidence through eyewitness accounts, medical experts' opinions, photographs and videos.

Duty of Care

OB-GYN doctors and medical staff have a duty to provide patients with the standard of treatment. This obligation is derived from the laws that govern the healthcare industry and the rules and regulations established by medical professionals' professional organizations.

A doctor can be held responsible for any injuries resulting from negligence if they fail adhere to the standard. However the successful claim for malpractice requires a thorough investigation as well as a strong case built on credible evidence, including medical documents and eyewitness testimony. A birth injury lawyer in Atlanta is well-versed in investigating these cases and understands how to quickly collect information and efficiently, even though the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff is required to prove four things: 1) that the doctor owed a duty to follow the standard of care,) that a breach occurred, 3) the breach by the defendant directly caused the injuries and four) damages were caused by the injuries. The determination of each of these elements requires an expert witness. These experts are medical professionals with extensive experience in their field as well as knowledge of accepted procedures. A competent birth injury lawyer has a network of expert witnesses across the country that they can call on to testify in every case.

It is not unusual for doctors with good intentions to make errors that harm a child. These errors can include mistakes in diagnosis, failure to recognize fetal distress, medication errors or surgical mistakes, or the failure to perform an emergency C-section if required.

The damage caused by the child could be significant. A caring Atlanta birth injury attorney can assist families to receive the compensation they deserve for their hardships and losses. These losses could include medical costs, loss of income and the cost of long-term medical and treatment, pain and suffering, and mental stress.

Grant Law Office is dedicated to helping victims of medical malpractice, and their families, receive the financial aid they require to pay their future medical expenses. This includes bringing in medical and financial experts to calculate their current and future losses and develop a sound legal strategy to obtain the highest amount of compensation.

Breach of Duty

A duty is a legal obligation that arises from an agreement, like the expectation that you pay taxes or a promise not to take something from someone else. A medical professional who is bound by the obligation to you must act in your best interests. In a medical malpractice case the failure to adhere to this standard is termed negligence. Birth injuries, like cerebral palsy and birth-related disabilities are caused by this.

To prove medical malpractice, the plaintiff (in this instance the child's mother) must demonstrate that the healthcare professional had a duty of care, and that the healthcare professional violated this duty by committing negligence. The breach must also be connected to the injury that the plaintiff suffered, which requires establishing that the healthcare professional's actions or inaction deviated from what other medical professionals would have done in similar circumstances.

A doctor who does not to order an emergency C-section when both mother and child are in distress is a prime instance. This is the most common kind of medical malpractice that is claimed in a case of birth injury.

Another form of breach occurs when medical professionals act recklessly or exhibits poor judgment. Examples include giving the wrong medication or mishandling a surgical procedure. In many cases, negligence is preventable when medical professionals are aware of the dangers 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 the cost of medical treatment and ongoing therapy, as well as assistive devices and other expenses. Our Atlanta birth injury lawyers are prepared to help victims receive the compensation they deserve. The amount of damages you may be entitled to will depend on the severity and impact of your child's injury. Our lawyers will carefully review your case, gather necessary evidence, and determine what compensation you are entitled to. 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 treating your child committed negligence, contact us today to get started on your birth injury claim.

Causation

In order to bring a lawsuit against a healthcare professional over a birth injuries, you must establish a number of legal elements. One of the most crucial elements is that the medical professional violated their duty to patients by failing to adhere to an acceptable standard of care within their area of expertise. This element of a medical malpractice case is proven through expert testimony. Atlanta birth injury lawyers consult top-tier experts in their fields to create a compelling case for their clients.

Causation is the second element in a medical malpractice case. This means that the negligent actions or the failure to act directly caused an injury for the patient. This is a crucial aspect and expert medical witnesses can provide evidence that the medical professional deviated from the accepted standards in their field which resulted in the victim being injured.

In order to prevail in an action for medical malpractice the plaintiff will be required to prove that the injuries are legal under Georgia law. Compensation for medical malpractice damages could comprise both economic and other damages. Economic damages are usually 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 time off work. Non-economic damages are awarded to cover emotional suffering, distress and mental stress due to the injury.

A competent Atlanta birth injury lawyer will examine the medical records to determine who is accountable for your child’s injuries and the ways they could have been avoided. Depending on the circumstances, the hospital or other healthcare professionals may be accountable for the negligence.

A dedicated Atlanta birth injury lawyer can help parents whose children are born with a severe disability like cerebral palsy or a serious spinal injury. They can also seek financial aid to improve the quality of life of their child and pay for future medical expenses. A lawyer will diligently to examine your situation and make an argument that is persuasive against the responsible parties. They are aware of the science behind these kinds of injuries, the roles that doctors and hospital personnel are involved in, and the consequences of a mistake can impact your family's future.

Damages


Whatever the best intentions of doctors are, medical mistakes occur. The consequences of mistakes made by medical professionals can be devastating for families. atlanta birth injury lawyers could alter their lives forever and leave them with a constant need for medical treatment and other expenses that will never end. The damages awarded will help them pay for those expenses and help them recover from other losses.

A family can bring a birth injury lawsuit to ensure that the healthcare professional is held accountable for the error and to recover the financial compensation. The lawyer who handles the case will first gather all relevant information including medical records. Once they have all the information, they will file the lawsuit with the court with the doctor and hospital as defendants. They will then ask for a settlement but there is no guarantee they will agree to one.

In addition to financial damages, a family may be awarded non-economic, pain and suffering damages. These are a way to pay for the emotional trauma and distress that a child and his or family members endured. atlanta birth injury lawsuit to determine, but a skilled attorney could try to obtain an equitable settlement for the child's or parents the losses.

There are also punitive damages, that are intended to punish the person at fault for his or her egregious conduct and deter others from engaging in similar behavior. They are not common in medical malpractice cases, but could be awarded if the jury believes that the defendant's actions were reckless or inexplicably reckless.

If your child sustained an injury during birth because of the negligence of a health care professional, you should to contact a dedicated Atlanta birth injury attorney as soon as you can. There is a time limit called the statute of limitations, within which you can submit a birth injury claim, and the lawyer who handles these types of claims would be competent to tell you the timeframe you have left.