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Birth Injury Lawsuits

If your child is injured at birth as a result of negligence by a medical professional It can have lasting consequences. Our Atlanta birth injury lawyers assist families recover compensation to cover their medical expenses for the long term and loss of future earnings.

To build a strong case we must prove that healthcare providers did not ensure a high standard of care. We gather evidence from eyewitness testimony as well as expert medical opinions and photos and videos.

Duty of Care

Medical staff and OB-GYN doctors are required to provide the highest standard of care for their patients. This obligation stems from the laws that regulate the healthcare industry, and the rules and regulations formulated by medical professional associations.

A physician can be held responsible for any injuries resulting from negligence if they fail meet the standards. A successful malpractice claim will require a thorough investigation as well as a solid case based on credible evidence such medical records and eyewitness testimonies. A birth injury lawyer in Atlanta is experienced in the investigation of these cases and knows how to gather information quickly and efficiently, even though the evidence is still in its infancy.

In a Georgia malpractice lawsuit, the plaintiff needs to establish four elements: 1) that the doctor was under a duty to follow the standard of care, 2) that a breach occurred, 3) the breach of the defendant directly caused the injuries, and 4) damages were caused by the injuries. Each element must be determined by an expert witness. They are medical professionals with extensive experience and know-how in their field. A qualified birth injury attorney has an extensive network of expert witnesses across the nation who they can rely on to testify in each case.

It is not uncommon for doctors with good intentions to make errors that can harm children. These errors can include mistakes in diagnosis, failure to recognize the signs of distress in the fetus, medication errors surgical errors, the inability to perform an emergency C-section if necessary.

The harm that a child suffers can be devastating. A compassionate Atlanta birth injury lawyer can help families get the compensation they are entitled to for all their losses and hardships. These losses could include medical costs and income loss, the cost of life-long medical treatment and care, pain and suffering, and mental anguish.

Grant Law Office is dedicated to helping those affected by medical malpractice, as well as their families, obtain the financial aid they require to pay their future medical expenses. This includes hiring experts in the field of medicine and finance to estimate the current and future losses and develop a sound legal strategy for seeking the highest amount of compensation.





Breach of Duty

A duty is an obligation that is borne out of an existing relationship. For instance, a duty to pay taxes or not rob. A medical professional who is bound by the obligation to you must act in your best interest. In a medical malpractice case the failure to adhere to this standard can be called negligence. Birth injuries, like cerebral palsy and birth-related disabilities, are caused by this.

To prove medical malpractice, the plaintiff (in this case the mother of the child) must demonstrate that the healthcare professional was obligated to provide the highest standard of care, and that they breached that duty by committing negligence. The breach must also be connected to the harm suffered by the plaintiff and this requires proving that the healthcare professional's actions or lack of action deviated from what other medical professionals would have done under similar circumstances.

One example is a doctor who fails to order an emergency C-section when the mother and baby are suffering from fetal distress. This is the most frequent form of medical malpractice that is alleged in birth injury cases.

A healthcare professional may also be in breach if they act recklessly or show poor judgment. This could be due to administering incorrect medications or ignoring surgical procedures. In many cases, medical professionals can prevent mistakes by being aware of the potential risks for pregnant women.

A successful medical malpractice case can aid a family in recovering financially from a severe birth trauma. Compensation can be used to cover the cost of medical treatment and ongoing therapy, as well as assistive devices, and other losses. Our Atlanta birth injury attorneys are ready to help victims receive the compensation they need. The amount of damages you could be entitled to depends on the severity and the impact of your child's injury. Our attorneys will carefully examine your case, gather the relevant evidence, and determine the amount of damages you are owed. We will then negotiate a fair settlement with you. If a settlement isn't reached we will prepare for trial. If you believe the medical professional treating your child committed negligence, contact us today to get started on your birth injury claim.

Causation

To bring a lawsuit against a healthcare professional for birth injury, you must demonstrate a variety of legal aspects. One of the most important elements is that the medical professional failed to meet a reasonable standard within their area of expertise. This aspect of a medical malpractice claim is established by evidence from experts, and Atlanta birth injury lawyers consult top-tier experts in their fields to create a compelling case for their clients.

The next step is to establish the cause in a medical malpractice case. This means that the negligent act or inactions directly resulted in injuries to the patient. This is a crucial aspect and medical experts can prove that the medical professional departed from the accepted standards of their field and led to the victim being injured.

In atlanta birth injury lawyer for a claim based on medical malpractice to succeed, the plaintiff must also show that their injuries are legally compensable under Georgia's law. The compensation for medical malpractice can include both economic and other damages. Economic damages are awarded to pay for medical expenses and ongoing treatment, as well as loss in quality of life, and loss of earnings due to time off from work. Non-economic damages may be awarded to compensate for emotional distress, pain and suffering and mental stress due to the injury.

A experienced Atlanta birth injury lawyer will investigate the medical records to determine who is accountable for your child's injuries and investigate how these errors could have been avoided. Based on the circumstances medical professionals, other healthcare professionals, or even the hospital itself could be held accountable for the malpractice committed by the doctor.

A dedicated Atlanta birth injury lawyer can assist parents whose children are born with a serious disability like cerebral palsy, or severe spinal injuries. They can also obtain financial assistance to improve the quality of life of their child and pay for future medical expenses. A lawyer will investigate your case and present a strong claim against the accountable parties. They understand the science behind these injuries, the roles that doctors and hospital staff play in their care, and how a mistake could affect the future of your family.

Damages

Whatever the best intentions of doctors are, medical mistakes happen. When they do, the consequences can be devastating for families. Their lives could be forever changed by the injuries, and they will continue to require medical care. The damages that are awarded will allow them to pay for these expenses as well as pay for other losses.

A family could file a birth injury lawsuit to hold the healthcare professional responsible for the error and seek the financial compensation. The lawyer handling the case will collect all relevant information, including medical records. Once they have all the information they will file the lawsuit with the court including the doctor and hospital as defendants. They can then ask for a settlement however there is no guarantee that they will accept one.

In addition to economic damages, a family may be awarded non-economic or pain and suffering damages. These are a way to cover the emotional trauma and stress that a child and his or her family endured. These can be a challenge to estimate but a savvy attorney could try to obtain a fair settlement for the child's and his or parents the losses.

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

If your child has suffered an injury to their birth because of the negligence of a health professional, you might want to consult a specialized Atlanta birth injury attorney as soon as possible. The statute of limitations is the date to file your birth injury claim. Your lawyer can tell you how much time you still have.