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Birth Injury Lawsuits

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





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

Duty of Care

OB-GYN doctors and medical staff are required to provide patients with the highest standard of treatment. This obligation stems from laws governing the healthcare industry and rules and regulations set by medical professionals and professional institutions.

A physician who fails meet the standards of care could be held accountable for injuries caused through their negligence. However an effective malpractice claim requires a thorough investigation and a strong case built on evidence that is credible, such as medical documents and eyewitness testimony. An Atlanta birth injury lawyer is skilled in investigating these cases and know how to gather all the necessary details quickly, while the evidence is fresh.

In a Georgia malpractice lawsuit, the plaintiff needs to prove four elements one of which is) that the doctor had a duty to follow the standard of care, 2) that the breach occurred,) the breach of the defendant directly caused the injuries, and 4) damages were triggered by the injuries. Each element must be established by an expert witness. These experts are medical professionals with extensive experience and knowledge in their area of expertise. A skilled birth injury attorney has experts across the country that they can rely on to testify in each case.

Although most birth injuries result of medical negligence, it's not uncommon for well-intentioned doctors to make mistakes and hurt the child. These errors could be due to the wrong diagnosis, inability 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 that a child suffers is often severe. A compassionate Atlanta birth injury lawyer can assist families to receive the compensation they deserve for their losses and hardships. These losses can include medical expenses as well as loss of income as well as the cost of ongoing medical treatment and care, pain and suffering, and mental anguish.

Grant Law Office is dedicated to helping victims of medical malpractice, and their families, obtain the financial aid they require to pay the future medical bills. This includes hiring financial and medical experts to assess their current and future losses and create a solid legal strategy for seeking the highest amount of compensation.

Breach of Duty

A duty is a legal obligation that arises out of a relationship. For example, a duty to pay taxes or not rob. When a medical professional owes you an obligation, they must exercise reasonable care in your best interests. In a medical malpractice case the failure to adhere to this standard is referred to as negligence. Birth injuries, like cerebral palsy, birth-related disabilities, and others are caused by this.

To prove medical malpractice, the plaintiff (in this case the mother of the child) must show that the healthcare professional was responsible for the highest standard of care, and that they violated the duty of care by committing negligence. The breach has to be tied to the injury sustained, which means that the healthcare professional's actions or inactions should be different from what other doctors would have done in similar circumstances.

A doctor who fails to order an emergency C-section when both mother and child are in distress is a prime instance. This is the most common type of medical malpractice alleged in a birth injury case.

A healthcare professional can also commit a breach when they make rash decisions or exhibit poor judgment. Examples of this include administering the wrong medication or ignoring the procedure. In a lot of cases it is possible to avoid negligence when medical professionals are aware of the risks that could affect a pregnant patient.

A successful medical malpractice claim can help families financially recover from a severe birth injury. Compensation could cover medical expenses and ongoing therapy, as well as assistive devices and other losses. Our Atlanta birth injury lawyers are prepared to assist victims in obtaining the compensation they are entitled to. The amount you will get depend on the severity of your child's injuries and the impact they will have on their lives for the next few years. Our lawyers will carefully review your case, collect the relevant evidence, and determine the amount of damages you are owed. We will then assist you in negotiating an acceptable settlement. If a settlement is not reached, we will then prepare to go to trial. If you believe that your child's medical provider committed error, call us today to begin your birth injury claim.

Causation

The process of bringing a birth injury lawsuit against a healthcare provider needs the proof of several legal elements. One of the most important elements is that the medical professional breached their duty to patients by failing to adhere to a reasonable standard of care in their field of expertise. This element of a medical malpractice claim is established by expert testimony. Atlanta birth injury lawyers employ top experts in their fields to create a compelling case for their clients.

The next element of a claim for medical malpractice is causation. This means that the negligent act or inactions resulted in injury to the patient. This is a crucial aspect and medical experts can provide evidence that the medical professional departed from the accepted standards of their field and led to the victim being injured.

In order for a medical malpractice claim to be successful the plaintiff must show that their injuries are legally compensable under Georgia's law. Compensation for medical malpractice damages may comprise both economic and other damages. Economic damages are usually awarded to cover expenses such as rehabilitation, medical expenses and ongoing treatment and loss of quality of life, and lost wages resulting from taking time off work. Non-economic damages can be awarded for emotional distress or discomfort, and mental apprehension resulting from the injury.

A competent Atlanta birth injury lawyer will review the medical records to determine who is accountable for your child’s injuries and what could have been done to prevent them from being avoided. Depending on the circumstances, the hospital or other healthcare professionals may be accountable for the error.

If a child of a parent is born with a serious condition such as cerebral palsy or a serious spinal cord injury or any other mental or physical disability, an experienced Atlanta birth injury attorney can help them obtain financial aid to improve their child's quality of life and to cover future medical needs. A lawyer will diligently to analyze your situation and make an argument that is persuasive against the responsible parties. They understand the scientific basis for these injuries, the roles that doctors and hospital staff plays in these accidents, and how errors can affect the future of your family.

Damages

Medical mistakes can happen regardless of how well-intentioned the medical professionals may be. The consequences of medical mistakes can be devastating for families. Their lives can be forever altered due to the injuries, and they will always need medical care. The compensation they receive will help them pay for these expenses as well as pay 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 seek financial compensation. The lawyer who handles the case will first collect all relevant information, including medical records. Once they have all this information, they will file the lawsuit with the court, naming the hospital and doctor as defendants. birth injury atlanta will then ask for an agreement, but there is no guarantee they will accept one.

In addition to financial damages, a family may be awarded non-economic, pain and suffering damages. These are a way to compensate for the emotional trauma and stress that the child and family suffered. Settlements aren't easy to calculate, but a knowledgeable lawyer can try to negotiate an appropriate settlement that compensates the child as well as his or her parents for their losses.

Punitive damages are intended to penalize the party who was at fault for their insidious behavior and discourage others from engaging in similar conduct. These damages are uncommon in medical malpractice cases, however they may be awarded if the jury determines that the defendant's conduct was particularly indecent.

If you believe your child has suffered an injury related to birth due to the inattention or negligence of the healthcare professional it is essential to contact an Atlanta birth injury lawyer as quickly as you can. There is a time limit known as the statute of limitations within which you can submit a birth injury claim and the attorney who works on these types of claims will be competent to tell you the timeframe you have left.