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Birth Injury Lawsuits

When your child suffers a serious injury at birth due to medical negligence, the consequences can last for a lifetime. Our Atlanta birth injury attorneys help families seek compensation for their long-term medical expenses and lost future income.

To build a convincing case, we must demonstrate that healthcare providers failed to ensure a high standard of care. We gather evidence through eyewitness testimony, expert medical opinions, photographs and videos.

Duty of Care

OB-GYN physicians and medical staff are required to provide the best quality of care to their patients. This obligation stems from laws that govern the healthcare industry and rules and regulations set by medical professionals and professional associations.

A doctor who fails to adhere to the standards of care can be held liable for injuries caused due to their negligence. However an effective malpractice claim requires a thorough investigation as well as a strong case built on evidence that is credible, such as medical records and eyewitness testimony. A birth injury lawyer in atlanta birth Injury Lawsuit is experienced in the investigation of these cases and knows how to quickly collect information while the evidence is still in its infancy.

In a Georgia malpractice lawsuit, the plaintiff has to establish four elements: 1) the doctor's duty to follow the standards of care; 2)) an infringement of the duty occurred; 3) the breach of the defendant directly caused the injury and four) the injury led to damages. Each element must be determined by an expert witness. These experts are medical professionals who have extensive knowledge of their field and expertise in accepted methods. A competent birth injury lawyer has an extensive network of expert witnesses across the country that they can use to testify in every case.

While most birth injuries are the result of medical negligence, it's not uncommon for doctors with good intentions to make mistakes that harm the child. These errors can include the wrong diagnosis, inability to detect the signs of distress in the fetus, medication errors or surgical mistakes, or the inability to perform an emergency C-section when needed.

The harm suffered by the child could be severe. A compassionate Atlanta birth injury attorney can assist families to receive the compensation they deserve for their hardships and losses. These losses could include medical costs and income loss as well as the cost of ongoing medical and treatment, pain and suffering, and mental anguish.

Grant Law Office is dedicated to helping patients affected by medical malpractice, and their families, get the financial aid they require to cover their future medical expenses. This includes enlisting financial and medical experts to assess their future and current losses and create a solid legal strategy for seeking the maximum amount of compensation.

Breach of Duty

A duty is an obligation imposed by law that results from a relationship, such as the expectation that you pay taxes or a promise not to take something from someone else. If a medical professional owes you a duty, they have to use reasonable care to safeguard your best interests. In a lawsuit involving medical malpractice in which they fail to meet this standard is termed negligence. This is what leads to birth injuries, such as cerebral palsy and other birth-related disabilities.

To prove medical malpractice, the plaintiff (in this instance, the child's mother) must demonstrate that the healthcare professional had a duty of care and that the healthcare professional breached this duty by acting negligently. The breach has to be tied to the harm suffered by the healthcare professional’s actions or inactions must have been different from what other doctors would have done in similar circumstances.

One example is the doctor who does not call for an emergency C-section even though the mother and baby are experiencing distress in the fetus. This is the most common form of medical malpractice being alleged in birth injury cases.

A healthcare professional can also be in breach if they are reckless or display poor judgment. Examples of this include putting in the wrong medication or ignoring an operation. In a lot of cases, negligence is preventable by medical professionals who are aware of the dangers that could affect a pregnant patient.

A successful medical malpractice claim can aid a family financially to recover from a severe birth injury. Compensation can cover the cost of medical treatment as well as ongoing therapy, assistive devices and other losses. Our Atlanta birth injury lawyers are prepared to assist victims get the compensation they deserve. The amount of compensation you are entitled to is contingent upon the severity and the impact of your child's injury. Our lawyers will analyze your case in detail, gather the evidence required, and determine how much you are due in damages. We will then collaborate with you to negotiate an acceptable settlement. If a settlement is not reached, we will prepare for trial. Contact us today if think your child's doctor has committed negligence.

Causation

To bring a lawsuit against a healthcare professional over a birth injury, you must establish a number of legal elements. One of the most important elements is that the medical professional violated their obligation to patients by failing to adhere to an acceptable standard of care within their field of expertise. Expert evidence is used to prove this element of a claim for medical malpractice. Atlanta birth injury attorneys will consult the best experts in their field to build a convincing case for their clients.

The next step is to establish the cause in the medical malpractice case. This means that the negligent actions or inactions directly resulted in an injury for the patient. It is a crucial aspect and expert medical witnesses will prove that the medical professional deviated from the accepted standards of care in their field, which in turn resulted in the victim suffering an injury.

In order to win a medical malpractice lawsuit, the plaintiff will also be required to prove that the injuries are compensated under Georgia law. Compensation for medical malpractice may comprise both economic and other damages. Economic damages are usually awarded to cover expenses like medical expenses, rehabilitation of ongoing treatment loss of quality of life and lost wages due to taking time off from work. Non-economic damages may be awarded for emotional distress as well as pain and discomfort and atlanta birth injury lawsuit mental anguish that results from the injury.

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

If a child of a parent is born with a severe condition, such as cerebral palsy or a serious spinal cord injury or other physical or mental disability, an experienced atlanta birth injury lawsuit birth injury attorney can help them obtain financial assistance to improve the quality of their child's life and help with future medical requirements. A lawyer will investigate your case and file an effective claim against the responsible parties. They understand the research behind these injuries, the role hospital staff and doctors play in them, and how mistakes can impact the future of your family.

Damages

Medical errors can happen, no matter how well-intentioned the doctors are. The consequences of mistakes made by medical professionals can be devastating for families. Their lives can be forever altered by the injuries, and they will always need medical attention. The compensation they receive can help them pay for these expenses as well as pay for other losses.

A family can bring a birth injury lawsuit to ensure that the healthcare professional is held accountable for their error and to seek the financial compensation. The lawyer who handles the case will gather all pertinent information, including medical records. Once they have gathered all the information they will present a lawsuit in court, naming both the doctor and the hospital as defendants. After this, they will request a settlement amount, though there is no guarantee they will agree to a settlement.

A family could be awarded damages for pain and suffering or non-economic damages, in addition to economic damages. These are a way to cover the emotional trauma and distress that a child and his or her family endured. These settlements can be challenging to calculate but a skilled lawyer can try to negotiate an equitable settlement to compensate the child and/or parents for their losses.

There are also punitive damages, which are designed to penalize the at-fault party for his or her egregious behavior and discourage others from engaging in similar conduct. They are not common in medical malpractice cases but may be awarded if a jury is convinced that the defendant's actions were particularly egregious or reckless.

If you suspect that your child has suffered an injury related to birth due to the carelessness or negligence of a healthcare professional it is essential to contact an Atlanta birth injury lawyer as quickly as possible. There is a strict deadline, known as the statute of limitations, within which you can make a claim for birth injuries, and the lawyer who handles these kinds of claims will be able to advise you on the timeframe you have left.