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Birth Injury Lawsuits

If your child suffers an injury during birth as a result of medical negligence It can have lasting consequences. Our Atlanta birth injury lawyers assist families recover compensation to cover their long-term medical needs and loss of future earnings.

To make a convincing case, we need to prove that healthcare providers did not keep up with the highest standards of care. We gather evidence using eyewitness testimonies, expert medical opinions, photos and videos.

Duty of Care

OB-GYN physicians and medical staff are required to provide the best standard of care for their patients. This obligation is derived from the laws that govern the healthcare industry and the rules and regulations imposed by medical professionals professional organizations.

A physician who fails adhere to the standards of care could be held liable for injuries caused by their negligence. However, a successful malpractice claim requires a thorough investigation and a strong case built on solid evidence, such as medical records and eyewitness testimony. An Atlanta birth injury lawyer is experienced in investigating these cases, and they know how to gather the necessary details quickly, while the evidence is fresh.

In a Georgia malpractice lawsuit, the plaintiff has to establish four elements: 1) the duty of a doctor to follow the standard of care; 2)) an infringement of this duty occurred;) the defendant's breach directly caused the injury and 4) the injury led to damages. Each of these elements must be proven by an expert witness. They are medical professionals with years of experience in their field and knowledge of accepted practices. A qualified birth injury lawyer will have access to a nationwide network of expert witnesses they can call upon to be a witness.

Although the majority of birth injuries result of medical negligence, it's not uncommon for doctors who are well-meaning to make mistakes that harm the child. These mistakes can include misdiagnosis or failure to detect the signs of stress in the fetus or medication errors, surgical errors, or failing to perform a C-section urgently.

The harm suffered by the child can be significant. A compassionate Atlanta birth injury lawyer can help these families receive the compensation that they deserve for all of their difficulties and losses. These losses can include medical expenses loss of income, permanent treatment, mental anxiety, and pain and suffering.

Grant Law Office is dedicated to helping those affected by medical malpractice, and their families, obtain the financial assistance they need to pay the future medical bills. atlanta birth injury lawyers includes hiring financial and medical experts to analyze current and future losses, and then putting together a legal strategy to seek maximum compensation.

Breach of Duty

A duty is a legal obligation that arises from the relationship between two parties, for example, an expectation that you will pay your taxes or a duty not to take something from someone else. A medical professional who owes the obligation to you must act in your best interest. In the case of medical malpractice, failure to meet this standard can be called 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 instance the mother of the child) must demonstrate that the healthcare professional was obligated to provide an exceptional level of care, and that they acted in breach of the duty of care in their negligence. The breach must also be linked to the injury that the plaintiff suffered and this requires proving that the healthcare professional's actions or inaction differed from what other medical professionals would have done in similar circumstances.

A doctor who does not to order an emergency C-section when both mother and child are in distress is a prime example. This is the most common type of medical malpractice alleged in a birth injury case.

Another form of breach occurs when medical professionals act recklessly or exhibits poor judgment. This could be due to administering incorrect medication or mishandling surgical procedures. In a lot of cases medical professionals can avoid mistakes by being aware of the possible risks to a patient during pregnancy.

A successful medical malpractice case can help a family recover financially from a serious birth trauma. Compensation could cover medical expenses and ongoing therapy, as well as assistive devices and other losses. Our Atlanta birth injury lawyers are ready to help victims receive the compensation they are entitled to. The amount you will receive will depend on the severity of your child's injuries as well as the impact they will have on their life going forward. Our lawyers will carefully review your case, gather necessary evidence, and determine what compensation you are owed. We will then negotiate an acceptable settlement with you. If a settlement is not reached, we will prepare for trial. If you believe that your child's medical provider committed negligence, please contact us now to start your birth injury claim.

Causation

To bring a lawsuit against a healthcare professional for birth injury, you need to prove several legal elements. One of the most important elements is that the medical professional breached their obligation to patients by not adhering to the appropriate standard of care within their specialty. This aspect of a medical malpractice claim is established through evidence from experts, and Atlanta birth injury lawyers consult top-tier experts in their fields 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 inactions directly caused injuries to the patient. This is another crucial element, and expert medical witnesses can provide evidence that the medical professional strayed from the accepted standards of their field and caused the victim to be injured.

For a medical malpractice claim to succeed, the plaintiff must also show that their injuries are compensable under Georgia's law. The compensation for medical malpractice can include both economic and non-economic damages. Economic damages are awarded to cover medical expenses as well as ongoing treatment, loss of quality of life, as well as lost wages due time off work. Non-economic damages are awarded to cover emotional suffering, distress and mental stress due to the injury.

A skilled Atlanta birth injury lawyer will review the medical records to determine who is accountable for the injuries suffered by your child and what could have been done to prevent them from being prevented. Depending on your circumstances the other healthcare professionals or even the hospital itself may be liable for the medical malpractice.

A dedicated Atlanta birth injury lawyer can assist parents whose children are born with a severe disability like cerebral palsy or a serious spinal injury. They can also get financial assistance to improve the quality of life their child as well as to pay future medical expenses. A lawyer will work diligently to examine your situation and bring an effective claim against the accountable parties. They are aware of the science behind these kinds of injuries, the roles that doctors and hospital personnel play in them and how the consequences of a mishap can affect the future of your family.

Damages

Medical errors can occur regardless of how careful the doctors may be. If they do, the consequences could be devastating for families. The injuries could alter their lives forever leaving them with a constant need for medical care and other costs that will never cease. The damages that are awarded will help them pay for those expenses and pay for other losses.

A family can file a lawsuit for birth injuries to hold a medical professional accountable for their error and also to get financial compensation. The lawyer who handles the case will collect all relevant information, including medical records. Once they have all the information they will file the lawsuit with the court, naming the hospital and doctor as defendants. After this, they will seek an amount for a settlement, but there is no guarantee that they will accept one.

A family could be awarded damages for pain and suffering, or non-economic damages in addition to economic damages. These damages are intended to compensate a child's family for the emotional pain and trauma they endured. They aren't easy to determine but a savvy attorney could try to obtain an equitable settlement for the child's as well as his or parents loss.

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 conduct. They are not common in medical malpractice cases but could be awarded if the jury believes that the defendant's actions were reckless or egregious.

If you believe your child has suffered a birth-related injury due to the negligence or carelessness of medical professionals it is essential to contact an Atlanta birth injury lawyer as soon as possible. There is a specific deadline, known as the statute of limitations within which you can make a claim for birth injuries, and the lawyer who works on these types of claims will be in a position to inform you of how much time you have left.