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The birth of a child is an exciting event. However, if medical professionals make mistakes during labor and delivery it can be devastating.
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Duty of Care
It is a time of immense importance, but one that is very dangerous for both the mother and child. Medical professionals are required to deal with every situation with care and precision. When they fail to adhere to these standards, it could lead to devastating birth injuries for the mother and baby.
If a doctor fails to act in a responsible manner during the birth process, they may be held liable for any resulting damages. These claims are called medical malpractice lawsuits. They typically result in a claim for compensation from the person who was injured. The amount of compensation the plaintiff is awarded is typically determined by the severity of their injuries and the effects they will have on their lives.
To be held responsible for negligence the defendant has to have violated his duty of care. This evidence could be in the form of testimony from witnesses, medical records and expert testimony. The plaintiff must also prove that the injury occurred due to the defendant's breach and that it wouldn't be the case if the defendant hadn't committed a mistake.
The most common birth injuries are caused by complications from labor and delivery, as well as errors by doctors or nurses during a delivery. A birth injury for a child can cause long-term health issues that could have a dramatic impact on their quality of living.
If you suspect that your child is suffering from an injury to their birth and you suspect that your child has suffered a birth injury, it is crucial to seek legal advice as soon as possible. A knowledgeable lawyer can help you determine who might be liable for the injuries your child sustained and help you file an action to seek compensation.
The attorneys at Atlanta Injury Law Group have years of experience representing the victims of birth injuries. They understand the nature of these injuries, the role that doctors play in them, and the effect they can impact a child's lives. Their knowledge of Georgia's law and court system is essential to help clients win their cases.
Breach of Duty
The birth of a child is usually a joyful event, but in a very small percentage of cases, medical negligence during labor and birth can result in serious injuries. A Georgia birth injury lawyer will investigate your claim and assist you to in filing a lawsuit. You will have to show that your doctor violated his or his duty of care, and that this breach was the direct cause of your injury. A breach of duty is when medical professionals act negligently or fails to follow the standard of care doctors in your field should be following. Expert witnesses are often able to help to establish this element.
Medical malpractice can be committed by a variety of kinds of healthcare professionals. In most medical malpractice cases doctors are the defendants. Other healthcare providers, such as nurses, midwives, and other healthcare professionals, could also be defendants. In a medical negligence lawsuit, you must prove that the healthcare provider is responsible for the injury. A knowledgeable Atlanta birth injury lawyer can investigate your case to determine who might be accountable for your injury.
A successful medical malpractice case must prove that the healthcare professional breached his or his duty of care, which was the primary cause of your injury, and that you suffered damages as a result. Damages could include medical expenses and lost wages, as well as future treatment costs, and the pain and suffering. A skilled atlanta birth injury lawyers birth injury lawyer can work with medical and economic experts to determine the total amount of damages you are entitled to.
Some examples of medical malpractice arising during the birth of a child include:
Medical negligence can result in many different kinds of injuries. Anoxic injuries and shoulder dystocia are two of the most frequent. Other injuries include cerebral palsy which is a condition that results from oxygen deprivation during the birth process. Other complications include bone loss and lung diseases. A victim or a family member may file a medical malpractice lawsuit on behalf of a victim. In a medical malpractice suit the plaintiff will receive compensation for their losses.
Causation
While giving birth is an exciting event, it is also a time of great risk. A doctor has a duty to monitor the health of a pregnant woman and the baby, and to deliver the child in a manner that minimizes the risk of harm or death. When a medical professional does not fulfill their duty, they may be liable for damages.
A skilled atlanta birth injury lawsuit birth injuries lawyer can assist families in obtaining compensation for past expenses, future medical bills, as well as other economic losses. They also will work to secure damages for a child's pain and suffering, as well as for the diminished quality of life that comes from their injuries. In some cases the jury could award damages that are punitive or exemplary in response to the medical professional who was at fault's carelessness or disregard.
The medical malpractice lawyers at Finch McCranie LLP fight for families of children who have suffered from birth injuries. They have a thorough understanding of the legal and medical aspects of these cases, and can communicate with accountable healthcare service providers to secure the financial compensation that victims deserve. In addition to birth injury cases the firm also handles a wide range of personal injury matters that involve dental malpractice and anesthesia errors.
Medical negligence lawsuits can be difficult, especially if the doctor accused has hired aggressive defense attorneys who will do everything to discredit their responsibility. A knowledgeable Atlanta Birth Injury Attorneys birth injury lawyer can make a huge difference in your case.
The medical malpractice lawyers at MG Law represent injured patients in Atlanta and across Georgia. They have more than 55 years of experience fighting for the rights of victims. Their team of experienced attorneys knows the complexities of these cases and will do their best to get you the justice you are entitled to. They also handle cases involving car accidents and nursing homes abuse. Contact them today to set up a an appointment with one of their lawyers. They will review your medical records and provide you with an honest evaluation of your case.
Damages
If a baby is affected by a birth trauma due to medical malpractice the result can have devastating effects on the child and his family. As parents seek treatment for their injured child they are often confronted with a significant financial burden. A medical malpractice claim can help a family recover damages for future and past costs.
To prove medical malpractice, you must prove that the healthcare professional at fault did not fulfill their duty of care. This breach is what caused the plaintiff's injuries. This is usually accomplished through expert witness testimony in birth injury cases. The experts will give insight into the accepted standards of care for their area of expertise, and explain the reasons why a healthcare professional's actions deviated from this standard of care.
After the expert witnesses have given their testimony, it needs to be shown that this deviation caused the injury and that the injury was the direct consequence of the medical professional's negligence. The next step is to establish the non-economic and economic damages that were incurred as a result of the injury. The economic damages comprise future and past medical expenses due to the injury as well as any lost income or diminished earning capacity due to the impact of injuries. Non-economic damages include mental anguish and discomfort, as well as loss of enjoyment of life and other losses similar to those.
In addition, punitive or exemplary damages can be awarded in cases in which the conduct of the healthcare provider was especially egregious and unusual. These damages are designed to penalize the person at fault and discourage others from making similar mistakes again in the future.
If you have a child that was injured by medical negligence during birth, it's important to speak with an Atlanta birth injury lawyer immediately. In Georgia there is a deadline to file an action for birth injuries. If you do not file a lawsuit, it could result in you not receiving compensation. Our lawyers have the medical and legal expertise required to successfully file a claim of medical malpractice in this tense area.
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