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Birth Injury Lawsuits





When your child suffers an injury that is serious in the birth due to medical negligence, the repercussions could be a long-lasting issue. Our Atlanta birth injury lawyers assist families obtain compensation to cover their medical bills for the long-term and loss of future earnings.

To establish a convincing case, we must prove that healthcare professionals failed to adhere to a high standard 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 quality of care to their patients. This obligation stems from the laws that regulate the healthcare industry and the rules and regulations set by medical professional associations.

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

In a Georgia malpractice lawsuit, the plaintiff has to establish four elements: 1) the duty of the doctor to adhere to the standard of care; two) a breach of that duty occurred; 3) the breach of the defendant directly caused the injury; and 4) the injury led to damages. The determination of each of these elements requires an expert witness. They are medical professionals who have extensive experience and know-how in their field. A skilled birth injury lawyer will have a nationwide network of expert witnesses that they can rely on to testify.

It is not uncommon for doctors with good intentions to make errors that harm a child. These mistakes could include misdiagnosis or failure to detect the signs of stress in the fetus and medication errors, surgical mistakes, or inability to perform a C-section in a hurry.

The harm suffered by the child could be severe. A compassionate Atlanta birth injury lawyer can help these families receive the compensation they are entitled to for their losses and hardships. These losses could include medical expenses, lost income, lifelong treatment, mental anguish, and pain and suffering.

Grant Law Office is dedicated to helping patients affected by medical malpractice, as well as their families, obtain the financial support they need to cover their future medical expenses. This includes bringing in medical and financial experts to analyze current and future losses, and to develop a legal plan to seek maximum compensation.

Breach of Duty

A duty is an obligation imposed by law that results from the relationship between two parties, for example, an expectation that you will pay taxes or a promise not to take something from someone else. A medical professional who owes a duty to you must act in your best interest. 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 case, the child's mother) must demonstrate 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 also be correlated to the injuries suffered by the plaintiff and this requires proving that the healthcare professional's actions or inaction deviated from what other medical experts would have done in similar circumstances.

A good example of this is the doctor who does not request an emergency C-section if the mother and baby are suffering from distress in the fetus. This is the most frequent kind of medical malpractice that is alleged in a birth injury lawsuit.

Another kind of breach occurs when healthcare professionals are reckless or displays poor judgment. Examples of this include administering the wrong medication or not properly handling the procedure. In a lot of cases the risk of negligence is avoided if medical professionals are aware of the risks that could affect a pregnant patient.

A successful medical malpractice claim can help a family financially recover from a severe birth injury. Compensation can pay for medical expenses, ongoing therapy, assistive equipment, and other expenses. Our Atlanta birth injury lawyers are ready to help victims recover the compensation they deserve. The damages you could get depend on the severity of your child's injuries and the impact they'll have on their life for the next few years. Our lawyers will review your case carefully, gather the required evidence and determine the amount you are due in damages. We will then collaborate with you to negotiate a fair settlement. If a settlement is not reached we will prepare for trial. Contact us today if you think your child's doctor has committed negligence.

Causation

The process of bringing a birth injury lawsuit against a healthcare professional requires the presentation of a number of legal aspects. One of the most important elements is that a medical professional failed to meet a reasonable standard in their area of expertise. This aspect of a medical malpractice claim is established by expert testimony. Atlanta birth injury lawyers consult top-tier experts in their field to create a compelling case for their clients.

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

In order for a claim based on medical malpractice to be successful, the plaintiff must also show that their injuries are legal under Georgia's law. Compensation for medical malpractice damages can be a combination of economic and non-economic damages. Economic damages are typically granted to cover costs such as rehabilitation, medical expenses and ongoing treatment, loss of quality of life and lost wages due to taking time off work. Non-economic damages may be awarded for emotional distress, pain and discomfort, and mental apprehension resulting from the injury.

A competent Atlanta birth injury lawyer will investigate the medical records to determine who is responsible for the injuries your child sustained and investigate how these errors could have been prevented. Depending on the circumstances, the hospital or other healthcare professionals may be accountable for the error.

A dedicated Atlanta birth injury lawyer can help parents of children born with a disability that is severe like cerebral palsy or severe spinal injuries. They can also get financial aid to improve the quality of life their child and pay for future medical expenses. A lawyer will examine your case and make an argument that is convincing against the accountable parties. They know the science behind these injuries, the role doctors and hospital staff plays in their care, and how a mistake could affect the future of your family.

Damages

Regardless of how well-intentioned doctors are, medical errors occur. When they do, the consequences can be devastating for families. The injuries could change their lives forever leaving them with a constant need for medical attention and other costs that will never cease. The compensation they receive will help them pay for these expenses and compensate for their other losses.

A family can start a lawsuit for birth injury to hold a healthcare professional accountable for their mistake and to receive financial compensation. The lawyer handling the case will first gather all relevant information, including medical records. Once they have gathered all the relevant information they will bring a lawsuit to court, naming both the hospital and the doctor as defendants. They will then request an agreement however there is no guarantee that they will accept one.

In atlanta birth injury lawyer to financial damages, families may be awarded non-economic or pain and suffering damages. These are meant to compensate for the emotional trauma and suffering that the child and his or family members endured. These settlements can be challenging to calculate, however a savvy lawyer can negotiate an equitable settlement to compensate the child and his or parents for their losses.

Punitive damages are intended to penalize the party responsible for their reckless behavior and deter others from engaging in similar behaviour. They are rare in medical malpractice cases, however they can be awarded if a jury is convinced that the defendant's actions were particularly egregious or reckless.

If you believe your child has suffered injuries related to birth because of 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 strict deadline known as the statute of limitations, within which you have to submit a birth injury claim and the lawyer who works on these types of claims would be competent to tell you how much time you have left.