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Birth Injury Lawsuits

When your child is injured during birth because of medical negligence it could have long-lasting consequences. Our Atlanta birth injury lawyers help families obtain compensation to cover their medical bills for the long-term and future loss of earnings.

To make a convincing argument, we must show that healthcare professionals failed to adhere to a high standard of care. We gather evidence through eyewitness testimony, expert medical opinions, photos and videos.

Duty of Care

Medical staff and doctors who treat OB-GYN patients are required to provide patients with the standard of medical care. This obligation is derived from the healthcare laws and rules and regulations set by medical professionals' professional institutions.

A doctor can be held responsible for any injuries resulting from negligence if they fail meet the standard. A successful malpractice case will require a thorough investigation and a convincing case based on evidence that is credible like medical records and eyewitness testimonies. A birth injury lawyer in Atlanta is well-versed in investigating these cases and knows how to gather information quickly and efficiently, even though the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff has to prove four things: 1) that the doctor was under an obligation to adhere to the standard of care, 2) that a breach occurred, 3) 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 know-how in their area of expertise. A qualified birth injury attorney has a network of expert witnesses across the country that they can use to testify in each case.

While most birth injuries result of medical negligence, it's not uncommon for well-intentioned doctors to make mistakes that harm children. These mistakes could include the wrong diagnosis or inability to recognize the presence of fetal stress, medication errors, surgery errors, or failure to perform an urgent C-section.

The damage caused by the child could be substantial. A compassionate Atlanta birth injury lawyer can assist these families receive the compensation they deserve for all of their troubles and losses. These losses can include medical expenses, loss of income, the cost of life-long treatment and care in the form of pain and suffering and mental anguish.

Grant Law Office is dedicated to helping those affected by medical malpractice, as well as their families, get the financial aid they require to pay their future medical expenses. This includes bringing in medical and financial experts to assess current and future losses, and to develop a legal plan to seek maximum compensation.

Breach of Duty

A duty is a legal obligation that arises out of an existing relationship. For instance, a duty to pay taxes or not rob. A medical professional who has a duty to you must act in your best interest. In the event of a medical malpractice lawsuit, failure to meet this standard could be deemed negligence. Birth injuries, like cerebral palsy and birth-related disabilities, are caused by this.

To prove medical malpractice, the plaintiff (in this case the child's mother) must prove that the healthcare provider was obligated to them with a high standard of care, and that the healthcare professional violated this duty by committing negligence. The breach must also be connected to the injury sustained by the plaintiff, which requires establishing that the healthcare professional's actions or lack of action differed from what other medical professionals would have done under similar circumstances.

A good example of this is the failure of a doctor to order an emergency C-section when the mother and baby are experiencing fetal distress. This is the most frequent form of medical malpractice that is being alleged in birth injury cases.

A healthcare professional can also be guilty of a breach if they make rash decisions or exhibit poor judgment. This can include administering incorrect medications or ignoring surgical procedures. In many instances medical professionals can avoid from committing a mistake by being aware the possible risks to a patient during pregnancy.

A successful medical malpractice case can help a family recover financially from a severe birth trauma. Compensation could cover medical costs, ongoing therapy, assistive devices, and other losses. Our Atlanta birth injury lawyers are ready to help victims receive the compensation they deserve. The amount of compensation you are entitled to is contingent upon the extent and impact of the injury to your child. Our attorneys will thoroughly review your case, collect the relevant evidence, and determine the amount of damages you are entitled to. We will then work with you to negotiate an acceptable settlement. If a settlement is not reached, we will prepare for trial. Contact us now if you believe your child's doctor did not follow through.

Causation

A birth injury lawsuit against a healthcare professional requires proving several legal elements. One of the most crucial elements is that a medical professional failed to meet a reasonable standard within their area of expertise. This element of a medical malpractice claim is proven through evidence from experts, and Atlanta birth injury lawyers will employ top experts in their field to create a compelling case for their clients.

Causation is the second element in the medical malpractice case. This implies that the negligent acts or the failure to act, directly led to the victim suffering an injury. This is another crucial element, and expert medical witnesses can provide evidence that the medical professional departed from the accepted standards of their field and led to the victim being injured.

To win a medical malpractice lawsuit, the plaintiff will also have to prove that their injuries are compensated under Georgia law. Compensation for medical malpractice damages can be a combination of economic and non-economic damages. Economic damages are usually awarded to cover costs like medical expenses, rehabilitation and ongoing treatment and loss of quality of life and lost wages resulting from taking off from work. Non-economic damages may be awarded to compensate for emotional suffering, distress and mental trauma due 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 prevented. Based on the circumstances, other healthcare professionals or even the hospital itself could be liable for the malpractice committed by the doctor.

A dedicated Atlanta birth injury lawyer can aid parents of children born with a severe disability like cerebral palsy, or a serious spinal injury. They can also seek financial aid to improve the quality of life their child and pay future medical expenses. An attorney will be diligent to examine your situation and file an effective claim against the parties responsible. They know the science behind these types of injuries, the roles that hospital staff and doctors have in them, and the consequences of a mistake can affect the future of your family.

atlanta birth injury attorneys can happen, no matter how well-intentioned the medical professionals may be. When they do, the repercussions can be devastating for families. Their lives may be forever changed due to the injuries, and they will always need medical attention. The compensation awarded could assist in paying for these costs and compensate them for their other losses.





A family may bring a lawsuit based on birth injuries to hold a medical professional accountable for their negligence and to recover 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 with the hospital and doctor as defendants. Following this, they will ask for an amount for a settlement, but there is no guarantee that they will accept one.

A family could also be awarded damages for pain and suffering or non-economic damages, in addition to economic damages. These are a way to cover the emotional trauma and stress that the child and his or her family endured. Settlements aren't easy to calculate, but a knowledgeable lawyer could try to get an appropriate settlement that compensates the child as well as his or her parents for their losses.

Punitive damages are intended to punish the person who was at fault for their insidious behaviour and deter 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 actions were particularly egregious.

If your child sustained an injury to their birth due to the negligence of a health professional, you should to speak with an experienced Atlanta birth injury attorney as soon as possible. There is a strict deadline, known as the statute of limitations, within which you have to make a claim for birth injuries and the lawyer who works on these types of claims would be able to advise you on the timeframe you have left.