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Birth Injury Lawsuits

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

To build a strong case we must demonstrate that healthcare providers failed to keep up with the highest standards of care. We gather evidence using eyewitness testimony, expert medical opinions, photos and videos.

Duty of Care

Medical staff and doctors who treat OB-GYN patients are obliged to provide patients with the standard of care. atlanta birth injury attorneys from the laws that regulate the healthcare industry, and the rules and regulations established by medical professionals' professional organizations.

A physician who fails meet the standard of care could be held accountable for injuries caused due to their negligence. A successful malpractice claim will require a thorough investigation, as well as a strong case based on evidence that is credible like medical documents and eyewitness testimony. An Atlanta birth injury lawyer has experience investigating these cases and knows how to gather the required information quickly, while evidence is still fresh.

In a Georgia malpractice case, the plaintiff must establish four elements: 1) the doctor's duty to follow the standards of care; 2) a breach of the duty occurred; 3) the breach by the defendant directly caused the injury and 4) the injury caused damages. Each element must be established by an expert witness. These experts are medical professionals with years of experience in their field as well as expertise in accepted methods. A skilled birth injury attorney has a network of expert witnesses throughout the country who they can rely on to testify in each case.

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 hurt children. These errors can result in the wrong diagnosis or inability to recognize the signs of stress in the fetus or medication errors, surgical mistakes, or inability to perform a C-section in a hurry.

The damage caused by the child could be severe. A compassionate Atlanta birth injury lawyer can assist these families receive the compensation that they deserve for all their losses and hardships. These losses could include medical expenses as well as lost income, lifelong treatment, mental anguish and suffering and suffering.

The attorneys at Grant Law Office are dedicated to helping the victims of medical malpractice as well as their families receive the financial support they need to pay for their future medical expenses. This includes hiring financial and medical experts to calculate their current and future losses and devise a sound legal strategy to seek the maximum amount of compensation.

Breach of Duty

A duty is a legal obligation that is borne out of a relationship. For instance the obligation to pay taxes or not to steal. A medical professional who has an obligation to you must act in your best interest. In the case of medical malpractice the failure to adhere to this standard is referred to as negligence. Birth injuries, such as cerebral palsy and birth-related disabilities are caused by this.

To prove medical malpractice, the plaintiff (in this case the child's mother) must show that the healthcare professional was obligated to them with a high standard of care, and that the healthcare professional violated the duty of care by committing a negligent act. The breach must also be correlated to the injuries sustained by the plaintiff and prove that the healthcare professional's actions or lack of action deviated from what other medical professionals would have done under similar circumstances.

One example is a doctor who fails to order an emergency C-section when the mother and baby are in distress in the fetus. This is the most typical kind of medical malpractice that is claimed in a case of birth injury.

A healthcare professional may also be in breach if they make rash decisions or exhibit 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 a patient during pregnancy.

A successful medical malpractice case can help families financially recover from a severe birth injury. Compensation can cover medical costs and ongoing therapy, as well as assistive equipment, and other losses. Our Atlanta birth injury lawyers are prepared to assist victims receive the compensation they need. The damages you could receive will depend on the severity of your child's injuries as well as the impact they will have on their life in the future. Our lawyers will review your case with care, collect all the evidence needed, and determine how much you are due in damages. We will then negotiate a fair settlement with you. If a settlement cannot be agreed upon, we will prepare to go to trial. If you believe that your child's medical provider committed negligence, contact us today to get started on your birth injury claim.





Causation

In order to bring a lawsuit against a healthcare professional over a birth injury, you need to demonstrate a variety of legal aspects. One of the most crucial elements is that a medical professional did not to meet a reasonable standard within their field of expertise. Expert testimony is used to establish this element 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 second element of a claim for medical malpractice is causation, meaning that the negligent act or failures to act directly resulted in injury to the patient. This is an additional crucial element and expert medical witnesses can provide evidence that the medical professional deviated from the accepted standards in their field which caused the victim to be injured.

For a medical malpractice claim to be successful, the plaintiff must also prove that their injuries were compensable under Georgia's law. Compensation for medical malpractice damages could include both economic and non-economic damages. Economic damages are awarded to cover medical expenses as well as ongoing treatment, loss in quality of life, as well as lost earnings due to time off from work. Non-economic damages may be awarded for emotional distress or discomfort, and mental apprehension resulting from the injury.

A competent Atlanta birth injury lawyer will review the medical records in order to determine who is responsible for the injuries your child sustained and how they could have been avoided. Based on the circumstances the hospital or other healthcare professionals could be responsible for the malpractice.

A dedicated Atlanta birth injury lawyer can assist parents who have a child born with a severe disability such as cerebral palsy or a serious spinal injury. They can also get financial aid to improve the quality of life their child as well as to pay for future medical expenses. A lawyer will investigate your case and file a strong claim against the accountable parties. They understand the scientific basis for these injuries, the roles that doctors and hospital staff play in their care, and how a mistake can impact the future of your family.

Damages

Whatever the best intentions of doctors are, medical errors occur. The consequences of mistakes made by medical professionals can be devastating for families. Their lives may be forever altered due to the injuries, and they will continue to require medical attention. The compensation awarded could help pay for these expenses and help them recover for other losses.

A family may file a birth injury lawsuit to ensure that the healthcare professional is held accountable for their error and to seek the financial compensation. The lawyer handling the case will collect all pertinent information including medical records. Once they have collected all the information they will bring a lawsuit to court, naming both the doctor and the hospital as defendants. They will then request an agreement however there is no guarantee that they will accept one.

In addition to the economic damages, a family may be awarded non-economic, pain and suffering damages. These are intended to compensate for the emotional trauma and distress that the child and his or her family endured. These settlements can be challenging to calculate but a skilled lawyer could try to get a fair settlement to compensate the child and his or parents for the losses they suffered.

There are also punitive damages which are designed to punish the party at fault for his or her egregious behavior and discourage others from engaging in similar actions. These damages are uncommon in medical malpractice cases, but they are awarded when the jury determines that the defendant's actions were especially egregious.

If your child sustained an injury during birth because of the negligence of a health care professional, you may want to consult a specialized Atlanta birth injury attorney immediately. The statute of limitations is the time limit for filing your birth injury claim. Your lawyer will be able to tell you how long you have.