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Birth Injury Lawsuits

If your child suffers an injury that is serious in the birth due to medical negligence, the effects can be a long-lasting issue. Our Atlanta birth injury lawyers help families obtain compensation for long-term medical expenses and future loss of income.

To make a convincing case, we must show that healthcare providers did not maintain a high level of care. We gather evidence from eyewitness testimony and expert medical opinions and photos and videos.

Duty of Care

The OB-GYN medical staff and doctors are required to provide the highest standard of care for their patients. This obligation stems from healthcare laws and rules and regulations set by medical professionals professional institutions.

A doctor who fails to adhere to the standards of care could be held liable for injuries caused through their negligence. However an effective malpractice claim requires a thorough investigation as well as a solid case based on solid evidence, such as medical records and eyewitness testimony. A birth injury lawyer in Atlanta is well-versed in investigating these cases and understands how to gather information quickly 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 that duty occurred; 3) the breach of the defendant directly caused the injury and 4) the injury resulted in damages. Establishing each element requires an expert witness. These experts are medical professionals with extensive experience in their field and familiarity with accepted methods. A qualified birth injury lawyer will have access to a nationwide network of expert witnesses they can call upon to be a witness.

While most birth injuries are the result of medical negligence, it's not uncommon for well-intentioned doctors to make mistakes and harm children. These mistakes could include misdiagnosis or failure to detect the presence of fetal stress or medication errors, surgical mistakes, or inability to perform a C-section urgently.

The damage that the child suffers is often severe. A compassionate Atlanta birth injury lawyer can assist families to receive the compensation they deserve for their losses and hardships. These losses could include medical expenses and income loss, the cost of life-long medical treatment and care as well as pain and suffering and mental stress.

Grant Law Office is dedicated to helping victims of medical malpractice, and their families, receive the financial assistance they need to cover their future medical expenses. This involves hiring medical and financial experts to assess 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 that arises from an existing relationship. For instance, a duty to pay taxes or not rob. If a medical professional is obligated to you a duty, they must take reasonable care to protect your best interests. In a medical malpractice lawsuit the failure to adhere to this standard is termed 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 mother of the child) must prove that the healthcare provider was obligated to them with a high standard of care, and that the healthcare professional violated this duty by committing negligence. The breach must also be connected to the harm sustained by the plaintiff and prove that the healthcare professional's actions or lack of action differed from what other medical professionals would have done under similar circumstances.

One example is the failure of a doctor to request an emergency C-section if the mother and baby are in distress in the fetus. This is the most frequent form of medical malpractice accused in birth injury cases.

Another form of breach occurs when a healthcare professional acts recklessly or displays poor judgment. Examples of this include administering the wrong medication or not properly handling an operation. In many cases, negligence is preventable when medical professionals are aware of the dangers that can affect a birthing patient.

A successful medical malpractice case can help families financially recover from a severe birth injury. Compensation can pay for medical expenses and ongoing therapy, as well as assistive equipment, and other expenses. Our Atlanta birth injury lawyers are prepared to help victims receive the compensation they are entitled to. The amount of damages you may be entitled to will depend on the extent and impact of the injury to your child. Our lawyers will review your case carefully, gather all the evidence needed and determine the amount you are due in damages. We will then collaborate with you to negotiate an equitable settlement. If a settlement cannot be reached we will prepare for trial. If you believe your child's medical provider committed negligence, please contact us now to begin your birth injury claim.

Causation

The process of bringing a birth injury lawsuit against a healthcare provider requires the presentation of a number of legal aspects. One of the most important 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 a claim for medical malpractice. Atlanta birth injury attorneys will consult with the top experts in their field to build a strong argument for their clients.

The next step is to establish the cause in a medical malpractice case. This means that the negligent act or inactions directly resulted in an injury for the patient. Again, this is an essential element and expert medical witnesses will provide evidence that the medical professional was deviating from the accepted standards of care in their field, which in turn caused the victim to suffer an injury.

In order to win an action for medical malpractice, the plaintiff will also need to prove that their injuries are legal under Georgia law. Compensation for medical malpractice can include both economic and non-economic damages. Economic damages are awarded to pay for medical expenses as well as ongoing treatment, loss of quality of life, and loss of wages due time off work. Non-economic damages may be awarded to cover emotional suffering, distress and mental stress due to the injury.

A experienced Atlanta birth injury lawyer will review the medical records to determine who is responsible for your child's injuries and will examine how these errors could have been prevented. Depending on the circumstances the other healthcare professionals or even the hospital itself could be accountable for the malpractice committed by the doctor.

A dedicated Atlanta birth injury lawyer can aid parents of children born with a disability that is severe like cerebral palsy or an injury to the spine that is serious. They can also obtain financial assistance to improve the quality of life for their child as well as to pay future medical expenses. A lawyer will examine your case and present an argument that is convincing against the parties responsible. They are aware of the science behind these types of injuries, the roles that doctors and hospital personnel have in them, and the consequences of a mishap can impact your family's future.

Damages

Medical mistakes can happen regardless of how well-intentioned the doctors may be. The consequences of medical mistakes can be devastating for families. The injuries may alter their lives forever and leave them with a constant need for medical treatment and other costs that will never go away. The damages awarded can help them pay for these expenses as well as help them recover from other losses.

A family may file a birth injury lawsuit to make the healthcare professional accountable for the error and to seek financial compensation. The lawyer who handles the case will first gather all relevant information, including medical records. Once they have all this information they will file the lawsuit with the court with the doctor and hospital as defendants. Following this, they will request a settlement amount, though 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 are intended to cover the emotional trauma and suffering that the child and his or her family endured. They can be a challenge to estimate, but a skilled lawyer could seek a fair settlement for the child's or her parents' losses.

There are also punitive damages, which are designed to penalize the party at fault for their egregious actions and discourage others from engaging in similar behavior. These damages are uncommon in medical malpractice cases, but they may be awarded if juries find that the defendant's behavior was particularly egregious.

If your child sustained an injury to their birth due to the negligence of a health care professional, you might want to speak with an experienced Atlanta Birth Injury Lawsuit birth injury attorney as soon as possible. There is a specific deadline, known as the statute of limitations within which you have to submit a birth injury claim and the lawyer who works on these types of claims is competent to tell you how long you have left.