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Birth Injury Lawsuits

When your child suffers an injury that is serious during birth due to medical negligence, the repercussions could be a long-lasting issue. Our Atlanta birth injury lawyers help families recover compensation for their long-term medical expenses and loss of future income.

To make a convincing case, we must demonstrate that healthcare professionals did not uphold the highest standards of care. We gather evidence through eyewitness testimony, expert medical opinions, and photographs 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 stems from laws that govern the healthcare industry and rules and regulations set by medical professionals professional associations.

A doctor who fails to adhere to the standards of care can be held accountable for injuries caused due to their negligence. A successful malpractice claim will require a thorough investigation, and a convincing case based on credible evidence such as medical records and eyewitness testimony. A birth injury lawyer in Atlanta is well-versed in investigating these cases and knows how to quickly collect information while the evidence is still in its infancy.

In a Georgia malpractice lawsuit, the plaintiff has to prove four things: 1) that the doctor owed obligation to observe the standard of care, 2)) that a breach occurred, 3) the defendant breach directly triggered injuries and 4) damages were caused by the injuries. In order to establish each element, they must have an expert witness. They are medical professionals with years of knowledge of their field and knowledge of accepted procedures. A competent birth injury lawyer has a network of expert witnesses across the country that they can use to testify in every case.

It is not uncommon for doctors with good intentions to make mistakes that harm a child. These mistakes could include misdiagnosis, failure to detect the signs of distress in the fetus, medication errors, surgical errors, or the inability to perform an emergency C-section when needed.

The harm suffered by the child could be severe. A compassionate Atlanta birth injury attorney can help families get the compensation they are entitled to for their losses and hardships. These losses can include medical expenses loss of income, permanent treatment, mental anguish, and pain and suffering.

Grant Law Office is dedicated to helping patients affected by medical malpractice, and their families, get the financial support they need to cover their medical bills in the future. This includes hiring experts in the field of medicine and finance to calculate the current and future losses and create a solid legal strategy to seek the highest amount of compensation.

Breach of Duty

A duty is an obligation imposed by law that results from the relationship between two parties, for example, an expectation that you pay taxes or not to take something from someone else. A medical professional who owes a duty to you must act in your best interests. In the case of medical malpractice, failure to meet this standard is referred to as negligence. This is the reason for birth injuries, which include cerebral palsy, as well as other birth-related disabilities.

In order to prove medical malpractice, the plaintiff (in this instance, the mother of the child) must prove that the healthcare professional was responsible for an exceptional level of care, and that they breached that duty in their negligence. The breach must also be correlated to the injuries suffered by the plaintiff and prove that the healthcare professional's actions or inaction deviated from what other medical professionals would have done in similar circumstances.

One example of this is the doctor who does not request an emergency C-section if the mother and baby are in distress in the fetus. This is the most typical form of medical malpractice that's alleged in birth injuries.

A healthcare professional can also commit a breach when they make rash decisions or exhibit poor judgment. This could be due to administering incorrect medications or ignoring surgical procedures. In many cases the risk of negligence is avoided by medical professionals who are aware of the dangers that could affect a newborn patient.

A successful medical malpractice case can aid a family in recovering financially from a severe birth trauma. Compensation could cover the cost of medical treatment and ongoing therapy, as well as assistive devices and other losses. Our Atlanta birth injury lawyers are prepared to help victims receive the compensation they deserve. The amount you will receive will depend on the severity of your child's injuries and the impact they will affect their lives in the future. Our lawyers will analyze your case with care, collect all the evidence needed and determine the amount you are entitled to in damages. We will then negotiate an equitable settlement with you. If a settlement cannot be reached, we will prepare for trial. Contact us today if you suspect your child's physician did not follow through.

Causation

In order to bring a lawsuit against a healthcare professional over a birth injury, you must demonstrate a variety of legal aspects. One of the most crucial elements is that the medical professional violated their duty to patients by not adhering to a reasonable standard of care within their area of expertise. This element of a medical malpractice case is established by evidence from experts, and Atlanta birth injury lawyers will consult top-tier experts in their field to create a compelling case for their clients.

Causation is the second element in the medical malpractice case. This means that the negligent actions or the failure to act, directly led to injuries to the patient. It is a crucial aspect and expert medical witnesses will prove that the medical professional was deviating from the accepted standards of medical care in their area, which caused the victim to suffer an injury.

In order for a medical malpractice claim to be successful, the plaintiff must also demonstrate that their injuries were legally compensable under Georgia's law. Compensation for medical malpractice damages may include both economic and non-economic damages. Economic damages are typically granted to cover costs like rehabilitation, medical expenses of ongoing treatment, loss of quality of life, and lost wages due to taking time off work. Non-economic damages can be awarded to compensate for emotional suffering, pain and distress, and mental anguish related to the injury.

A experienced Atlanta birth injury lawyer will scrutinize the medical records to determine who is responsible for the injuries suffered by your child and the ways they could have been avoided. Based on the circumstances the hospital or other healthcare professionals may be accountable for the negligence.

When a person's child is born with a severe condition such as cerebral palsy, serious spinal cord injury, or other mental or physical disabilities, an experienced Atlanta birth injury lawyer can help them get financial aid to improve their child's quality of life and help with future medical requirements. A lawyer will investigate your case and make a strong claim against the parties responsible. They know the science behind these injuries, the role hospital staff and doctors play in them, and how mistakes can impact the future of your family.





Damages

No matter how well-intentioned doctors are, medical mistakes occur. When they do, the consequences can be devastating for families. Their lives may be forever changed due to the injuries, and they will always need medical care. The compensation they receive can help them pay for those expenses and pay for other losses.

A family may file a lawsuit for birth injuries to hold a medical professional accountable for their negligence and to receive financial compensation. The lawyer who handles the case will collect all pertinent information including medical records. Once they have all the information they will file the lawsuit with the court including the hospital and doctor as defendants. They will then request a settlement however there is no guarantee that they will accept one.

In atlanta birth injury lawyer to financial damages, a family could be awarded non-economic, pain and suffering damages. These damages are intended to compensate the family of a child for the emotional stress and trauma they endured. These can be a challenge to estimate however, a skilled lawyer could seek an equitable settlement for the child's as well as his or her parents' losses.

There are also punitive damages which are designed to penalize the party at fault for his or her egregious behavior and discourage others from engaging in similar actions. These are uncommon in medical malpractice cases but could be awarded if the jury believes that the defendant's actions were particularly egregious or reckless.

If your child sustained an injury during birth due to the negligence of a health professional, you should to contact a dedicated Atlanta birth injury lawyer as soon as you can. The statute of limitations is the deadline for filing your birth injury claim. Your lawyer will be able to tell you how much time you still have.