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Birth Injury Lawsuits

When your child suffers an injury of a serious nature at birth due to medical negligence, the consequences can be a long-lasting issue. Our Atlanta birth injury lawyers can help families seek compensation to pay for their medical expenses for the long term and loss of future earnings.

To build a strong argument, we must show that healthcare professionals did not uphold a high standard of care. We gather evidence by obtaining eyewitness testimony as well as expert medical opinions and photographs and videos.

Duty of Care

OB-GYN physicians and medical staff are required to provide the highest quality of care to their patients. This obligation stems from laws that govern the healthcare industry and the rules and regulations imposed by medical professionals and professional institutions.

A physician who fails to meet the standards of care may be held liable for injuries caused through their negligence. However, a successful malpractice claim requires a thorough investigation as well as a solid case based on evidence that is credible, such as medical documents and eyewitness testimony. An Atlanta birth injury lawyer is experienced in investigating these cases and knows how to gather the necessary information quickly, while evidence is still fresh.

In a Georgia malpractice case, the plaintiff must establish four elements: 1) the duty of a doctor to comply with the standards of care; 2) an infringement of that duty occurred; 3) the breach by the defendant directly caused the injury; and four) the injury resulted in damages. The determination of each of these elements requires an expert witness. These experts are medical professionals who have extensive experience and knowledge in their field. A qualified birth injury lawyer will have a nationwide network of expert witnesses that they can rely on to be a witness.

Although the majority of birth injuries are the result of medical negligence, it is not uncommon for doctors who are well-meaning to make mistakes and harm a child. These errors can include the wrong diagnosis, inability to detect the signs of distress in the fetus, medication errors or surgical mistakes, or the failure to perform an emergency C-section when needed.

The harm suffered by the child may be severe. A caring Atlanta birth injury attorney can help families get the compensation they deserve for their losses and hardships. These losses could include medical expenses loss of income, permanent treatment, mental anguish, and suffering and pain.

The lawyers at Grant Law Office are dedicated to helping those affected by medical malpractice as well as their family members get the financial assistance they need to pay for their future medical expenses. This includes hiring financial and medical experts to assess current and future losses, and to develop a legal plan to seek maximum compensation.

Breach of Duty

A duty is an obligation that arises out of the relationship. For example the obligation to pay taxes or not rob. A medical professional who has the obligation to you must act in your best interests. In a medical malpractice case, failure to meet this standard can be called negligence. Birth injuries, such as cerebral palsy and birth-related disabilities are caused by this.

In order to prove medical malpractice the plaintiff (in this case, the mother of the child) must prove that the healthcare professional owed her a high level of care, and that they violated that duty by committing negligence. The breach must also be linked to the injury sustained by the plaintiff and prove that the healthcare professional's actions or inaction differed from what other medical professionals would have done under similar circumstances.

One example is the failure of a doctor to request an emergency C-section if the mother and baby are suffering from distress in the fetus. This is the most typical kind of medical malpractice that is claimed in a birth injury case.

A healthcare professional may also be guilty of a breach if they act recklessly or show poor judgment. atlanta birth injury attorneys can include administering incorrect medications or ignoring surgical procedures. In many cases medical professionals can avoid mistakes by being aware of the potential risks for a patient during pregnancy.

A successful medical malpractice claim can aid a family financially to recover from a serious birth injury. Compensation can cover medical expenses as well as ongoing therapy, assistive devices, and other losses. Our Atlanta birth injury lawyers are ready to help victims get the compensation they deserve. The damages you can receive will depend on the severity of your child's injuries and the impact they'll 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 negotiate a fair settlement with you. If no settlement is reached, we will then prepare for trial. Contact us today if you suspect your child's physician was negligent.





Causation

A birth injury lawsuit against a healthcare provider requires the presentation of a number of legal aspects. One of the most important elements is that the medical professional violated their duty to patients by failing to adhere to the appropriate standard of care in their field of expertise. Expert evidence is used to prove the basis of medical malpractice claims. Atlanta birth injury attorneys will consult the best experts in their field to build a strong argument for their clients.

The next element of a medical malpractice claim is causation, which means that the negligence or failures to act directly caused injury to the patient. It is an essential element 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 area, which resulted in the victim suffering an injury.

In order to win a medical malpractice lawsuit, the plaintiff will also need to prove that their injuries are compensated under Georgia law. Compensation for medical malpractice can include both economic and non-economic damages. Economic damages are awarded to cover medical expenses, ongoing treatment, loss in quality of life, and loss of wages due time off work. Non-economic damages can be awarded for emotional distress as well as pain and discomfort and mental apprehension resulting from the injury.

A experienced Atlanta birth injury lawyer will examine the medical documents to determine who was accountable for your child's injuries and investigate how these errors could have been prevented. Depending on the circumstances the hospital or other healthcare professionals may be responsible for the malpractice.

A dedicated Atlanta birth injury lawyer can assist parents who have a child born with a severe disability like cerebral palsy, or severe spinal injuries. They can also obtain financial assistance to improve the quality of life of their child as well as to pay for future medical expenses. An attorney will be diligent to investigate your situation and bring a compelling claim against the responsible parties. They understand the science behind these injuries, the role that doctors and hospital staff plays in these accidents, and how errors can affect the future of your family.

Damages

Medical errors can happen regardless of how well-intentioned the doctors may be. When they do, the repercussions can be devastating for families. Their lives could be forever changed by the injuries and they will require medical attention. The damages that are awarded can help them pay for these expenses and help them recover from other losses.

A family may bring a lawsuit based on birth injury to hold a healthcare professional accountable for their mistake and also to get 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 with the doctor and hospital as defendants. They can then ask for an agreement but there is no guarantee they will accept one.

In addition to the economic damages, a family may be awarded non-economic, pain and suffering damages. These are meant to pay for the emotional trauma and stress that a child and his or her family endured. These settlements can be challenging 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 designed to penalize the party who was at fault for their insidious behaviour and deter others from engaging in similar behaviour. These are uncommon in medical malpractice cases but can be awarded if a jury finds that the defendant's actions were reckless or inexplicably reckless.

If your child suffered an injury during birth because of the negligence of a medical professional, you might want to speak with an experienced Atlanta birth injury lawyer as soon as you can. There is a specific deadline called the statute of limitations, within which you can file a birth injury claim and the lawyer who works on these types of claims is in a position to inform you of how long you have left.