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Birth Injury Lawsuits

When your child is injured during birth because of medical negligence, it can have long-lasting consequences. Our Atlanta birth injury lawyers help families recover compensation to cover their long-term medical needs and loss of future earnings.

To make a convincing case, we must show that healthcare providers failed to keep up with the highest standards of care. atlanta birth injury attorneys gather evidence by using eyewitness testimonies, expert medical opinions, photographs and videos.

Duty of Care

OB-GYN physicians and medical staff are required to provide the highest standard of care for their patients. This obligation stems from healthcare laws as well as the rules and regulations established by medical professionals' professional institutions.

A doctor can be held liable for the harm caused by negligence if they fail to meet the standard. However, a successful malpractice claim requires a thorough investigation and a strong case built on evidence that is credible, such as medical documents and eyewitness testimony. A birth injury lawyer in Atlanta is well-versed in investigating these cases and understands how to quickly gather information, while the evidence is still in its infancy.

In a Georgia malpractice lawsuit, the plaintiff needs to establish four elements one of which is) that the doctor was under obligation to observe the standard of care, 2) that the breach occurred,) the breach of the defendant directly caused the injuries and 4) damages were caused by the injuries. Each element must be determined by an expert witness. These experts are medical professionals with extensive experience in their field and knowledge of accepted procedures. A qualified birth injury lawyer will have a nationwide network of expert witnesses they can rely on to be a witness.

While most birth injuries result of medical negligence, it's not uncommon for well-intentioned doctors to make mistakes and harm the child. These errors can include misdiagnosis, failure to detect fetal distress, medication errors or surgical mistakes, or the inability to perform an emergency C-section if needed.

Often, the damage suffered by the child may be severe. A caring Atlanta birth injury lawyer can help families get the compensation they deserve for their losses and hardships. These losses can include medical expenses as well as 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, receive the financial aid they require to cover their medical bills in the future. This includes bringing in medical and financial experts to assess their current and future losses and devise a sound legal strategy to seek the highest amount of compensation.

Breach of Duty

A duty is an obligation legally enforceable that stems from an agreement, like the expectation that you pay taxes or a promise not to rob. When a medical professional owes you a duty, they have to exercise reasonable care in your best interests. In a medical malpractice case failing to meet this standard can be called negligence. This is the reason for birth injuries, which include cerebral palsy, as well as other birth-related disabilities.





To prove medical malpractice the plaintiff (in this instance the mother of the child) must show that the healthcare professional was responsible for a high standard of care, and that they breached this duty by acting negligently. The breach must be connected to the injury sustained, which means that the healthcare professional's actions or inactions must differ from what other doctors would have done in similar situations.

A doctor who does not request an emergency C section when both mother and child are in fetal distress is one instance. This is the most typical form of medical malpractice that is alleged in birth injuries.

Another type of breach is when medical professionals act recklessly or displays poor judgment. This can include administering incorrect medication or mishandling surgical procedures. In many instances it is possible to avoid negligence by medical professionals who are aware of the dangers that could affect a newborn patient.

A successful medical malpractice claim can help a family financially recover from a serious birth injury. Compensation could cover medical expenses, ongoing therapy, assistive equipment, and many other losses. Our Atlanta birth injury lawyers are ready to help victims recover the compensation they are entitled to. The amount of damages you are entitled to will depend on the extent and impact of the injury to your child. Our attorneys will examine your case carefully, gather the required evidence, and determine how much you are owed in damages. We will then negotiate a fair settlement with you. If a settlement is not reached, we will then prepare to go to trial. Contact us now if you think your child's doctor has committed negligence.

Causation

In order to bring a lawsuit against a healthcare professional over a birth injury, you need to establish a number of legal elements. One of the most crucial elements is that the medical professional violated their obligation to patients by failing to adhere to the appropriate standard of care within their specialty. Expert testimony is used to establish the basis of medical malpractice claims. Atlanta birth injury attorneys will seek out the top experts in their field to construct a strong argument for their clients.

The next step is to establish the cause in a medical malpractice case. This means that the negligent act or inactions directly resulted in the victim suffering an injury. This is an additional crucial element and expert medical witnesses can prove that the medical professional deviated from the accepted norms in their field that led to the victim being injured.

For a medical malpractice claim to be successful, the plaintiff must also demonstrate that their injuries were legally compensable under Georgia's law. Compensation for medical malpractice damages can include both economic and other damages. Economic damages are typically awarded to cover costs such as rehabilitation costs, medical expenses of ongoing treatment, loss of quality of life, and lost wages resulting from taking time off from work. Non-economic damages can be awarded for emotional distress as well as pain and discomfort and mental apprehension resulting from the injury.

A skilled Atlanta birth injury lawyer will investigate the medical documents to determine who was responsible for your child's injuries and look into how these mistakes could have been avoided. Based on the circumstances the hospital or other healthcare professionals could be responsible for the malpractice.

atlanta birth injury lawsuit dedicated Atlanta birth injury lawyer can assist parents of children born with a serious disability such as cerebral palsy or an injury to the spine that is serious. They can also obtain financial assistance to improve the quality of life for their child and to provide future medical expenses. A lawyer will work diligently to examine your situation and file an effective claim against the accountable parties. They understand the science behind these kinds of injuries, the roles hospital staff and doctors are involved in, and the consequences of a mishap can affect the future of your family.

Damages

Medical mistakes can happen, no matter how well-intentioned the doctors may be. The consequences of medical mistakes can be devastating for families. Their lives could be forever changed by the injuries and they will always need medical care. The compensation they receive will help them pay for these expenses and help them recover from other losses.

A family can file a lawsuit for birth injuries to hold a healthcare professional accountable for their mistake and to receive financial compensation. The lawyer handling the case will collect all relevant information, including medical records. Once they have all this information they will file the lawsuit with the court, naming the doctor and hospital as defendants. They will then ask for an agreement but there is no guarantee they will accept one.

In addition to financial damages, families may be awarded non-economic or pain and suffering damages. These damages are meant to compensate the family of a child for the emotional pain and trauma they experienced. These settlements can be challenging to calculate but a skilled lawyer can try to negotiate an appropriate settlement that compensates the child as well as his or her parents for the losses they suffered.

There are also punitive damages, which are designed to penalize the party at fault for their indefensible behavior and discourage others from engaging in similar behavior. These are uncommon in medical malpractice cases but could be awarded if the jury finds that the defendant's actions were reckless or egregious.

If you believe your child has suffered a birth-related injury due to the carelessness or negligence of medical professionals, it is important to contact an Atlanta birth injury lawyer as quickly as possible. There is a specific deadline known as the statute of limitations, within which you have to file a birth injury claim and the attorney who handles these kinds of claims is able to advise you on how much time you have left.