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Birth Injury Lawsuits

If your child is injured at birth as a result of medical negligence, it can have long-lasting consequences. Our Atlanta birth injury lawyers can help families obtain compensation to cover their medical bills for the long-term and loss of future earnings.

To make a convincing case, we must prove that healthcare providers failed to maintain a high level of care. We gather evidence by obtaining eyewitness testimony and expert medical opinions and photos and videos.

Duty of Care

OB-GYN doctors and medical staff are obliged to offer patients the highest level of medical care. This obligation is derived from the laws that regulate the healthcare industry, as well as the rules and regulations formulated by medical professional associations.

A doctor can be held accountable for the harm caused by negligence if they fail meet the standard. A successful malpractice claim will require a thorough investigation as well as a strong case based on evidence that is credible such as medical documents and eyewitness testimony. A birth injury lawyer in Atlanta is well-versed in the investigation of these cases and knows how to quickly gather information and efficiently, even though the evidence is still in its infancy.

In a Georgia malpractice case, the plaintiff must establish four elements: 1.) the duty of a doctor Atlanta birth injury lawyers to follow the standards of care; 2) the breach of this duty occurred;) the breach of the defendant directly caused the injury and 4) the injury resulted in damages. Each element must be established by an expert witness. These experts are medical professionals who have extensive experience in their field and knowledge of accepted practices. A qualified birth injury lawyer will have access to a nationwide network of expert witnesses they can call to be a witness.

It is not uncommon for doctors with good intentions to make errors that cause harm to a child. These mistakes could include mistakes in diagnosis, failure to recognize the presence of fetal distress, medication mistakes surgical errors, the failure to perform an emergency C-section when required.

The damage that the child suffers can be devastating. A compassionate Atlanta birth injury lawyer can help families get the compensation they deserve for Atlanta birth injury lawyers their hardships and losses. These losses could include medical expenses loss of income, permanent treatment, mental anxiety, and suffering and pain.

The attorneys at Grant Law Office are dedicated to helping the victims of medical malpractice as well as their family members get the financial support they need 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 obtain the highest amount of compensation.

Breach of Duty

A duty is an obligation that arises out of an existing relationship. For example, a duty to pay taxes or not rob. A medical professional who owes an obligation to you must act in your best interest. In the event of a medical malpractice lawsuit the failure to adhere to this standard can be called negligence. This is what causes birth injuries, such as cerebral palsy and other birth-related disabilities.

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

One example is the doctor who does not order an emergency C-section when the mother and baby are experiencing fetal distress. This is the most common kind of medical malpractice that is claimed in a birth injury lawsuit.

Healthcare professionals can also be in breach if they make rash decisions or exhibit poor judgment. Examples of this include administering the wrong medication or not properly handling an operation. In many instances the risk of negligence is avoided when medical professionals are aware of the risks that could affect a newborn patient.

A successful medical malpractice claim can help a family financially recover from a serious birth injury. Compensation can cover the cost of medical treatment and ongoing therapy, as well as assistive devices and other expenses. Our Atlanta birth injury lawyers are ready to help victims receive the compensation they are entitled to. The damages you could receive depend on the severity of your child's injuries as well as the impact they'll have on their lives going forward. Our attorneys will carefully examine your case, gather the necessary evidence, and determine the amount of damages you are entitled to. We will then collaborate with you to negotiate a fair settlement. If no settlement is reached, we will then prepare to go to trial. Contact us now if you suspect your child's physician did not follow through.

Causation

In order to bring a lawsuit against a healthcare professional for birth injury, you must prove several legal elements. One of the most crucial elements is that the medical professional failed to meet a reasonable standard within their field of expertise. This element of a medical malpractice case is proven through expert testimony, and Atlanta birth injury lawyers will seek out top experts in their fields to create a compelling case for their clients.

The second element of a claim for medical malpractice is causation, which means that the negligent act or failures to act directly caused injury to the patient. This is a crucial element and expert medical witnesses can be able to prove that the medical professional deviated from the accepted standards of medical care in their field, which in turn resulted in the victim suffering an injury.

In order to prevail in a medical malpractice case the plaintiff will be required to prove that the injuries are legal under Georgia law. Compensation for medical malpractice can be a combination of economic and non-economic damages. Economic damages are typically awarded to cover costs such as rehabilitation, medical expenses of ongoing treatment, loss of quality of life and lost wages due to taking time off work. Non-economic damages may be awarded to cover emotional suffering, distress, and mental anguish related to the injury.

A competent Atlanta birth injuries lawyer will review the medical records to determine who is accountable for the injuries your child sustained and how they could have been prevented. Depending on the circumstances the other healthcare professionals or even the hospital itself could be held accountable for the malpractice committed by the doctor.

A dedicated Atlanta birth injury lawyer can aid parents of children born with a severe disability like cerebral palsy or a serious spinal injury. They can also obtain financial aid to improve the quality of life for their child as well as to pay future medical expenses. An attorney will be diligent to analyze your situation and make a compelling claim against the accountable parties. They are aware of the science behind these kinds of injuries, the roles doctors and hospital personnel play in them and how the consequences of a mishap can impact your family's future.

Damages

Medical errors can happen regardless of how careful the medical professionals may be. If they do, the results can be devastating for families. Their lives can be forever altered due to the injuries, and they will always need medical attention. The damages awarded will allow them to pay for these expenses as well as compensate for their other losses.

A family could start a lawsuit for birth injuries to ensure that the healthcare professional is held accountable for their error and seek the financial compensation. The lawyer handling the case will gather all relevant information, including medical records. After they have gathered all the information and have it all, they will bring a lawsuit to court, naming both the doctor and the hospital as defendants. After this, they will seek an amount for a settlement, but there is no guarantee that they will agree to one.

In addition to the economic damages, families may be awarded non-economic or pain and suffering damages. These damages are intended to compensate the family of a child for the emotional stress and trauma they suffered. These settlements can be challenging to calculate, however a savvy lawyer could try to get an equitable settlement to compensate the child and/or parents for the losses they suffered.

Punitive damages are designed to punish the person at fault for their egregious behavior and deter others from engaging in similar behaviour. These damages are rare in medical malpractice cases, but they can be awarded when juries find that the defendant's actions were particularly indecent.

If your child sustained an injury to their birth because of the negligence of a health professional, you might want to contact a dedicated Atlanta birth injury lawyer as soon as you can. The statute of limitations is the time limit to file your birth injury claim. Your lawyer can tell you how much time you still have.