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Birth Injury Lawsuits

If your child suffers an injury during birth because of negligence by a medical professional It can have lasting consequences. Our Atlanta birth injury lawyers help families obtain compensation for long-term medical bills and loss of future income.

To make a strong case we must show that healthcare providers did not ensure 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 is derived from the healthcare laws as well as the rules and regulations established by medical professionals professional organizations.

A physician who fails to meet the standards of care may be held accountable for injuries caused through their negligence. A successful malpractice case will require a thorough investigation and a convincing case that is based on reliable evidence like medical documents and eyewitness testimony. An Atlanta birth injury lawyer has experience investigating these cases and knows how to gather all the necessary details quickly, while the evidence is still fresh.

In a Georgia malpractice case, the plaintiff must prove four elements: 1)) the doctor's duty to comply with the standards of care; two) the breach of that duty occurred; 3) the breach of the defendant directly caused the injury and 4) the injury led to damages. Each of these elements must be proven by an expert witness. These experts are medical professionals with extensive experience in their field as well as familiarity with accepted practices. A competent birth injury lawyer will have access to a nationwide network of expert witnesses that they can rely on to provide evidence.

It is not uncommon for doctors with good intentions to make errors that harm a child. These errors could be due to the wrong diagnosis, inability to detect fetal distress, medication errors, surgical errors, or the failure to perform an emergency C-section when necessary.

Often, the damage suffered by the child may be substantial. A compassionate Atlanta birth injury lawyer can help families get the compensation they are entitled to for their losses and hardships. These losses can include medical expenses as well as lost income, lifelong treatment, mental anguish and pain and suffering.

The attorneys at Grant Law Office are dedicated to helping those affected by medical malpractice as well as their families receive the financial assistance they require to cover their future medical needs. This includes hiring financial and medical experts to calculate the current and future losses and to develop a legal plan to pursue the maximum amount of compensation.

Breach of Duty

A duty is an obligation legally enforceable that stems from an agreement, like an expectation that you pay taxes or not to take something from someone else. A medical professional who owes a duty to you must act in your best interests. In atlanta birth injury lawyers to adhere to this standard is referred to as 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 demonstrate that the healthcare professional was obligated to provide the highest level of care and that they violated this 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 deviated from what other medical professionals would have done in similar circumstances.





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

Another kind of breach occurs when medical professionals act recklessly or displays poor judgment. Examples include giving the wrong medication or mishandling an operation. In a lot of cases, negligence is preventable if medical professionals are aware of the risks that could affect a newborn patient.

A successful medical malpractice case can help a family recover financially from a severe birth trauma. Compensation could cover medical expenses and ongoing therapy, as well as assistive equipment, and other expenses. Our Atlanta birth injury lawyers are prepared to assist victims get the compensation they deserve. The amount you could be entitled to will depend on the extent and impact of your child's injury. Our attorneys will thoroughly review your case, collect the necessary evidence, and determine what compensation you are owed. We will then assist you in negotiating a fair settlement. If a settlement cannot be reached then we will prepare for trial. Contact us today if believe your child's doctor did not follow through.

Causation

In order to bring a lawsuit against a healthcare professional for birth injury, you need to establish a number of legal elements. One of the most important elements is that a medical professional did not to adhere to a reasonable standard in their area of expertise. Expert testimony is used to establish this aspect of an action for medical malpractice. Atlanta birth injury attorneys will consult the best experts in their field to create an argument that is convincing for their clients.

The next step is to establish the cause in the medical malpractice case. This means that the negligent act or inactions directly resulted in injuries to the patient. This is another crucial element and medical experts can provide evidence that the medical professional deviated from the accepted standards of their field and resulted in the victim being injured.

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

A competent Atlanta birth injury lawyer will examine 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 accountable for the negligence.

A dedicated Atlanta birth injury lawyer can aid parents whose children are born with a serious disability such as cerebral palsy or an injury to the spine that is serious. They can also seek financial assistance to improve the quality of life for their child and to provide future medical expenses. An attorney will be diligent to analyze your situation and file an argument that is persuasive against the accountable parties. They know the research behind these injuries, the role doctors and hospital staff play in their care, and how a mistake can impact the future of your family.

Damages

Regardless of how well-intentioned doctors are, medical errors happen. When they do, the results can be devastating for families. Their lives can be forever altered due to the injuries, and they will continue to require medical attention. The damages awarded can help them pay for these expenses and compensate for their other losses.

A family can file a birth injury lawsuit to hold the healthcare professional responsible for the error and seek 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 including the hospital and the doctor as defendants. They can then ask for a settlement but there is no guarantee that they will accept one.

A family could be awarded damages for pain and suffering, or non-economic damages in addition to economic damages. These damages are designed to compensate a child's family for the emotional distress and trauma they suffered. They aren't easy to determine, but a skilled lawyer could seek an appropriate settlement for the child's or parents loss.

Punitive damages are intended to penalize the party who was at fault for their insidious behavior and deter others from engaging in similar conduct. These damages are uncommon in medical malpractice cases, however they are awarded when the jury determines that the defendant's conduct was particularly indecent.

If you suspect that your child has suffered injuries related to birth because of the inattention or negligence of the healthcare professional, it is important to contact an Atlanta birth injury lawyer as quickly as you can. There is a time limit, known as the statute of limitations, within which you have to submit a birth injury claim and the attorney who works on these types of claims will be competent to tell you how long you have left.