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Birth Injury Lawsuits

If your child sustains an injury of a serious nature during birth due to medical negligence, the repercussions could be a long-lasting issue. 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 argument, we must show that healthcare professionals failed to maintain the highest standards of care. We gather evidence through eyewitness testimony, expert medical opinions, photos 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 is derived from the laws that regulate the healthcare industry and the rules and regulations established by medical professional associations.

A doctor can be held responsible for the harm caused by negligence if they fail to meet the standards. However an effective malpractice claim requires a thorough investigation as well as a solid case based on solid evidence, such as medical records and witness testimony. An Atlanta birth injury lawyer has experience investigating these cases and know how to gather the required information quickly while the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff has to prove four things: 1) that the doctor was under an obligation to adhere to 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 of these elements must be proven by an expert witness. These experts are medical professionals with years of knowledge of their field and familiarity with accepted practices. A qualified birth injury lawyer will have access to a nationwide network of expert witnesses they can call to be a witness.

Although the majority of birth injuries are the result of medical negligence, it's not uncommon for doctors who are well-meaning to make mistakes and harm a child. These mistakes could include mistakes in diagnosis or failure to recognize the signs of stress in the fetus, medication errors, Atlanta birth injury lawyers surgery mistakes, or inability to perform a C-section in a hurry.

The harm that a child suffers can be severe. A compassionate Atlanta birth injury lawyer can assist these families receive the compensation that they are entitled to for all their troubles and losses. These losses could include medical costs, loss of income as well as the cost of ongoing medical treatment and care in the form of pain and suffering and mental anguish.

Grant Law Office is dedicated to helping patients affected by medical malpractice, as well as their families, get the financial support they need to cover the future medical bills. This includes enlisting experts in the field of medicine and finance to assess the current and future losses and devise a sound legal strategy to seek maximum compensation.

Breach of Duty

A duty is an obligation legally enforceable that stems from the relationship between two parties, for example, the expectation that you pay your taxes or a duty not to take something from someone else. If a medical professional owes you an obligation, they must take reasonable care to protect your best interests. In a medical malpractice case the failure to adhere to this standard is referred to as negligence. This is what causes birth injuries, including cerebral palsy, as well as other birth-related disabilities.

To prove medical malpractice, the plaintiff (in this instance the child's mother) must prove that the healthcare provider had a duty of care, and that the healthcare professional violated this duty by acting negligently. The breach must also be connected to the injuries that the plaintiff suffered, which requires establishing that the healthcare professional's actions or inaction deviated from what other medical professionals would have done in similar circumstances.

A doctor who refuses to order an emergency C section when both mother and child are in distress is one instance. This is the most frequent kind of medical malpractice that is claimed in a birth injury case.

A healthcare professional may also commit a breach when they are reckless or display poor judgment. This can include administering incorrect medications or ignoring surgical procedures. In a lot of cases it is possible to avoid negligence by medical professionals who are aware of the risks that can affect a birthing patient.

A successful medical malpractice case can help families financially recover from a serious birth injury. Compensation can be used to cover medical costs as well as ongoing therapy, assistive devices and other losses. Our Atlanta birth injury lawyers are ready to help victims recover the compensation they deserve. The damages you can receive depend on the severity of your child's injuries as well as the impact they'll affect their lives for the next few years. Our lawyers will carefully review your case, collect the required evidence, and then determine the amount of damages you are owed. We will then collaborate with you to negotiate an equitable settlement. If a settlement cannot be reached then we will prepare for trial. If you believe the medical professional treating your child committed negligence, please contact us now to begin your birth injury claim.

Causation

The process of bringing a birth injury lawsuit against a healthcare professional requires the proof of several legal elements. One of the most crucial elements is that a medical professional did not to adhere to a reasonable standard in their field of expertise. This element of a medical malpractice claim is established through evidence from experts, and Atlanta birth injury lawyers employ top experts in their fields to develop a convincing case for their clients.

The next element of a medical malpractice case is causation, which means that the negligent act or inactions resulted in injury to the patient. Again, this is an essential element and expert medical witnesses will prove that the medical professional deviated from the accepted standards of care in their field, which resulted in the victim suffering an injury.

For a medical malpractice claim to be successful the plaintiff must demonstrate that their injuries were compensable under Georgia's law. Compensation for medical malpractice damages can be a combination of economic and non-economic damages. Economic damages are awarded to cover medical expenses and ongoing treatment, as well as loss of quality of life, as well as lost wages due to time off work. Non-economic damages are awarded for emotional distress as well as pain and discomfort and mental anguish resulting from the injury.

A competent Atlanta birth injury lawyer will examine the medical records to determine who is responsible for the injuries your child sustained and how they could have been avoided. Depending on the circumstances medical professionals, other healthcare professionals, or even the hospital itself could be accountable for the medical malpractice.

A dedicated Atlanta birth injury lawyer can assist parents whose children are born with a severe disability like cerebral palsy or an injury to the spine that is serious. They can also seek financial aid to improve the quality of life for their child and pay future medical expenses. A lawyer will examine your case and make an effective claim against the responsible parties. They know the science behind these kinds of injuries, the roles doctors and hospital staff have in them, and the consequences of a mishap can impact your family's future.

Damages

Medical mistakes can happen, no matter how well-intentioned the doctors may be. If they do, the results can be devastating to families. The injuries could change their lives forever and leave them with a constant need for medical attention and other expenses that will never end. The damages awarded can help them pay for those expenses and compensate for their other losses.

A family may start a lawsuit for birth injuries to hold the healthcare professional responsible for his or her mistake and to seek the financial compensation. The lawyer who handles the case will gather all pertinent information including medical records. Once they have this information, they will file the lawsuit with the court including the doctor and hospital as defendants. After that, they'll seek an amount for a settlement, but there is no guarantee that they will agree to one.

A family could be awarded pain and suffering damages or non-economic damages, in addition to economic damages. These damages are meant to compensate a child's family for the emotional distress and trauma they experienced. These can be a challenge to estimate however, a skilled lawyer could seek an appropriate settlement for the child's and his or parents' losses.

There are also punitive damages which are designed to penalize the party at fault for his or her egregious actions and discourage others from engaging in similar actions. These are uncommon in medical malpractice cases, however they can be awarded if a jury believes that the defendant's actions were egregious or reckless.

If you suspect that your child has suffered a birth-related injury due to the inattention or negligence of the healthcare professional it is essential to speak with an Atlanta birth injury lawyer as soon as possible. There is a time limit called the statute of limitations, within which you must make a claim for birth injuries and the lawyer who works on these types of claims will be competent to tell you how long you have left.