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Birth Injury Lawsuits

If your child suffers an injury during birth because of medical negligence, it can have long-lasting consequences. Our Atlanta birth injury lawyers can help families obtain compensation to cover their medical bills for the long-term and future loss of earnings.

To establish a convincing case, we must demonstrate that healthcare professionals did not adhere to the highest standards of care. We gather evidence through eyewitness testimony, expert medical opinions, photographs and videos.

Duty of Care

OB-GYN doctors and medical personnel are obliged to offer patients the highest level of treatment. This obligation is derived from the laws that govern the healthcare industry and the rules and regulations imposed by medical professionals' professional associations.

A doctor who fails to meet the standard of care could be held liable for any injuries caused by their negligence. However the successful claim for malpractice requires a thorough investigation and a solid case based on solid evidence, such as medical documents and eyewitness testimony. An Atlanta birth injury lawyer is experienced in investigating these cases and knows how to gather the required information quickly, while evidence is fresh.

In a Georgia malpractice lawsuit, the plaintiff has to establish four elements: 1.) the duty of a doctor to follow the standards of care; 2)) an infringement of the duty occurred; 3) the breach by the defendant directly caused the injury and four) the injury caused damages. The determination of each of these elements requires an expert witness. They are medical professionals with extensive experience in their field and expertise in accepted practices. A qualified birth injury attorney has experts across the nation who they can call on to testify in each case.

While atlanta birth injury lawyers result of medical negligence, it's not uncommon for doctors with good intentions to make mistakes that harm the child. These mistakes could include the wrong diagnosis or inability to recognize the signs of stress in the fetus or medication errors, surgical errors, or failing to perform a C-section in a hurry.

The damage caused by the child could be significant. A compassionate Atlanta birth injury lawyer can assist families to receive the compensation they deserve for their hardships and losses. These losses could include medical expenses loss of income, permanent treatment, mental anxiety, and suffering and pain.

Grant Law Office is dedicated to helping victims of medical malpractice, as well as their families, get the financial aid they require to pay their future medical expenses. This involves hiring medical and financial experts to calculate the 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 to steal. A medical professional who has the obligation to you must act in your best interests. In the case of medical malpractice the failure to adhere to this standard could be deemed negligence. Birth injuries, such as cerebral palsy, birth-related disabilities, and others are caused by this.

To prove medical malpractice, the plaintiff (in this instance, the child's mother) must show that the healthcare professional owed them a high duty of care and that the healthcare professional violated this duty by acting negligently. The breach must be connected to the harm suffered, which means that the healthcare professional's actions or inactions should have been different from what other doctors would have done in similar circumstances.

A doctor who fails request an emergency C section when both mother and child are in fetal distress is an instance. This is the most frequent kind of medical malpractice that is claimed in a birth injury case.

Another kind of breach occurs when healthcare professionals are reckless or displays poor judgment. This could include administering improper medications or ignoring surgical procedures. In many instances, medical professionals can prevent mistakes by being aware of the risks that could be posed to pregnant women.

A successful medical malpractice case can help a family financially recover from a serious birth injury. Compensation can cover medical costs as well as ongoing therapy, assistive equipment, and many other losses. Our Atlanta birth injury lawyers are ready to help victims receive the compensation they deserve. 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 lives for the next few years. Our lawyers will carefully review your case, gather relevant evidence, and determine what compensation you are owed. We will then work with you to negotiate an equitable settlement. If a settlement is not agreed upon, we will prepare to go to trial. If you believe that your child's medical provider committed negligence, contact us today to begin your birth injury claim.

Causation

In order to bring a lawsuit against a healthcare professional over a birth injuries, you must establish a number of legal elements. One of the most important elements is that the medical professional failed to meet a reasonable standard in their field of expertise. This element of a medical malpractice case is proven through expert testimony. Atlanta birth injury lawyers will employ top experts in their field to build a strong case for their clients.

Causation is the next element in the medical malpractice case. This means that the negligent actions or inactions, directly led to an injury for the patient. This is a crucial aspect and expert medical witnesses can provide evidence that the medical professional acted in a manner that was different from the accepted standards of care in their field, which resulted in the victim suffering an injury.

In order for a claim based on medical malpractice to succeed the plaintiff must show that their injuries are legal under Georgia's law. Compensation for medical malpractice damages may include both economic and non-economic damages. Economic damages are usually awarded to cover expenses such as medical expenses, rehabilitation, ongoing treatment, loss of quality of life, and lost earnings due to having to take time off work. Non-economic damages are awarded for emotional distress or discomfort, and mental anguish that results from the injury.

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

If a child of a parent is born with a serious condition such as cerebral palsy or a serious spinal cord injury, or other mental or physical disabilities, an experienced Atlanta birth injury attorney can assist them in obtaining financial aid to enhance their child's quality of life and to cover future medical requirements. A lawyer will work diligently to investigate your situation and make an argument that is persuasive against the responsible parties. They know 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

Medical errors can happen, no matter how well-intentioned the medical professionals may be. When they do, the results can be devastating to families. The injuries can change their lives forever, leaving them with a constant need for medical care and other costs that will never go away. The compensation awarded could help pay for these expenses and also compensate them for other losses.





A family could start a lawsuit for birth injuries to make the healthcare professional accountable for the error and seek the financial compensation. The lawyer who handles the case will first gather 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. They will then request a settlement however there is no guarantee they will accept one.

A family may be awarded damages for pain and suffering, or non-economic damages in addition economic damages. These damages are intended to compensate the family of a child for the emotional pain and trauma they endured. These can be a challenge to estimate but a savvy attorney could try to obtain an equitable settlement for the child's as well as his or her parents' losses.

There are also punitive damages, which are designed to punish the at-fault party for their indefensible conduct and deter others from engaging in similar behavior. These damages are rare in medical malpractice cases, but they are awarded when the jury determines that the defendant's behavior was especially egregious.

If you believe your child has suffered an injury related to birth due to the negligence or carelessness of medical professionals it is essential to get in touch with an Atlanta birth injury lawyer as quickly as you can. There is a specific deadline, known as the statute of limitations within which you must submit a birth injury claim and the attorney who handles these types of claims would be able to advise you on the timeframe you have left.