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Birth Injury Lawsuits

If your child suffers an injury of a serious nature during birth due to medical negligence, the consequences can last a lifetime. Our atlanta birth injury lawsuit birth injury lawyers can help families seek compensation to pay for their medical bills for the long-term and future loss of earnings.

To establish a convincing case, we must prove that healthcare professionals failed to adhere to a high standard of care. We gather evidence through eyewitness testimony, expert medical opinions, and photographs and videos.

Duty of Care

OB-GYN doctors and medical personnel are required to provide patients with the standard of medical care. This obligation stems from laws that govern the healthcare industry and rules and regulations set by medical professionals professional institutions.

A doctor who fails to meet the standard of care can be held accountable for injuries caused due to their negligence. A successful malpractice case will require a thorough investigation as well as a solid case that is based on reliable evidence such medical records and eyewitness testimony. An Atlanta birth injury lawyer is skilled in investigating these cases and know how to gather the required information quickly, while evidence is fresh.

In a Georgia malpractice lawsuit, the plaintiff has to prove four elements: 1)) the doctor's duty to adhere to the standard of care; 2) the breach of that duty occurred; 3) the breach of the defendant directly caused the injury; and 4) the injury caused damages. Each element must be established by an expert witness. They are medical professionals who have extensive experience and know-how in their field. A competent birth injury lawyer will have access to a nationwide network of expert witnesses that they can call upon to provide evidence.

It is not uncommon for doctors with good intentions to make mistakes that cause harm to children. These errors can include the wrong diagnosis, inability to detect fetal distress, medication errors surgical errors, the failure to perform an emergency C section when needed.

The harm that a child suffers can be severe. A compassionate Atlanta birth injury lawyer can help these families receive the compensation they deserve for all their troubles and losses. These losses could include medical costs as well as loss of income as well as the cost of ongoing treatment and care as well as pain and suffering and mental anguish.

The lawyers at Grant Law Office are dedicated to helping those affected by medical malpractice and their families receive the financial support they need to cover their future medical needs. This includes hiring financial and medical experts to analyze future and current losses and to develop a legal plan to obtain the highest amount of compensation.

Breach of Duty

A duty is a legal obligation that is borne out of the relationship. For instance the obligation to pay taxes or not steal. A medical professional who has a duty to you must act in your best interest. In a medical malpractice case, failure to meet this standard is referred to as negligence. Birth injuries, like cerebral palsy, birth-related disabilities, and others are caused by this.

In order to prove medical malpractice the plaintiff (in this case, the mother of the child) must show that the healthcare professional owed her a high level of care, and that they acted in breach of the duty of care by acting negligently. The breach has to be tied to the injury sustained and the healthcare professional’s actions or inactions should have been different from what other doctors would have done in similar circumstances.

A doctor who does not request an emergency C section when both mother and child are in fetal distress is one instance. This is the most common kind of medical malpractice that is alleged in a birth injury case.

Another kind of breach occurs when a healthcare professional acts recklessly or displays poor judgment. Examples of this include administering the wrong medication or ignoring a surgical procedure. In many cases the risk of negligence is avoided if medical professionals are aware of the risks that can affect a birthing patient.

A successful medical malpractice case can help a family recover financially from a severe birth trauma. Compensation can cover medical costs and ongoing therapy, as well as assistive equipment, and other losses. Our Atlanta birth injury lawyers are prepared to help victims recover 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 affect their lives for the next few years. Our lawyers will review your case in detail, gather the evidence required and determine the amount you are entitled to in damages. We will then negotiate a fair settlement with you. If no settlement is agreed upon, we will prepare for trial. If you believe that your child's medical provider committed negligence, contact us today to begin your birth injury claim.

Causation

In order to bring a lawsuit against a healthcare professional for birth injury, you need to establish a number of legal elements. One of the most crucial elements is that the medical professional breached their obligation to patients by not adhering to a reasonable standard of care in their area of expertise. Expert evidence is used to prove this element of medical malpractice claims. Atlanta birth injury attorneys will consult with the top experts in their field to create an argument that is convincing for their clients.

The next step is to establish the cause in a medical malpractice case. This implies that the negligent acts or inactions directly caused the victim suffering an injury. This is an additional crucial element, and expert medical witnesses can provide evidence that the medical professional deviated from the accepted norms in their field that led to the victim being injured.

For a medical malpractice claim to succeed the plaintiff must demonstrate that their injuries were legal under Georgia's law. Compensation for medical malpractice may comprise both economic and other damages. Economic damages are awarded to cover medical expenses and ongoing treatment, as well as loss in quality of life and lost wages due time off work. Non-economic damages can be awarded for emotional distress as well as pain and discomfort and mental anguish resulting from the injury.

A competent Atlanta birth injuries lawyer will review the medical records in order to determine who is responsible for your child’s injuries and what could have been done to prevent them from being prevented. Depending on the circumstances medical professionals, other healthcare professionals, or even the hospital itself could be accountable for the medical malpractice.

If a child is born with a serious condition, such as cerebral palsy or a serious spinal cord injury, or other physical or mental disability, a dedicated Atlanta Birth Injury Lawsuit birth injury attorney can help them obtain financial assistance to enhance their child's quality of life and to cover future medical needs. A lawyer will examine your case and present a strong claim against the responsible parties. They understand the scientific basis for these injuries, the role doctors and hospital staff plays in their care, and how a mistake could affect the future of your family.

Damages

No matter how well-intentioned doctors are, medical mistakes occur. The consequences of mistakes made by medical professionals can be devastating for families. Their lives can be forever altered by the injuries, and they will require medical care. The damages awarded can assist in paying for these costs and atlanta birth injury lawsuit also compensate them for other losses.

A family could start a lawsuit for birth injuries to ensure that the healthcare professional is held accountable for his or her mistake and to recover the financial compensation. The lawyer who handles the case will gather all relevant information including medical records. Once they have this information they will file the lawsuit with the court with the hospital and doctor as defendants. They will then request an agreement, but there is no guarantee they will agree to one.

In addition to financial damages, a family could be awarded non-economic, pain and suffering damages. These are intended to compensate for the emotional trauma and stress that a child and his or family suffered. These can be a challenge to estimate but a savvy attorney could try to obtain an equitable settlement for the child's or atlanta birth injury lawsuit parents' losses.

There are also punitive damages, which are designed to punish the party at fault for their indefensible behavior and discourage others from engaging in similar behavior. These damages are rare in medical malpractice cases, however they can be awarded when a jury finds that the defendant's behavior was especially egregious.

If you suspect that your child has suffered an injury related to birth due to the carelessness or negligence of medical professionals, it is important to speak with an Atlanta birth injury lawyer as soon as possible. There is a strict deadline called the statute of limitations within which you can file a birth injury claim and the lawyer who handles these types of claims will be competent to tell you the timeframe you have left.