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Birth Injury Lawsuits

If your child suffers an injury of a serious nature at birth due to medical negligence, the consequences can be a long-lasting issue. Our Atlanta birth injury lawyers can help families seek compensation to pay for their medical expenses for the long term and future loss of earnings.

In order to build a convincing case, we need to show that healthcare providers failed to keep up with the highest standards of care. We gather evidence by using eyewitness testimony, expert medical opinions, photos and videos.

Duty of Care

The OB-GYN medical staff and doctors are required to provide the best quality of care to their patients. This obligation is derived from the laws that regulate the healthcare industry, and the rules and regulations set by medical professionals' professional organizations.

A physician who fails to adhere to the standards of care can be held liable for any injuries caused through their negligence. However, a successful malpractice claim requires a thorough investigation and an argument that is based on solid evidence, such as medical records and eyewitness testimony. An Atlanta birth injury lawyer is skilled in investigating these cases and know how to gather the required information quickly, while evidence is fresh.

In a Georgia malpractice lawsuit, the plaintiff has to prove four elements: 1) that the doctor had a duty to follow the standard of care, 2) that the breach occurred,) the breach of the defendant directly triggered injuries and four) damages were caused by the injuries. Establishing each element requires an expert witness. These experts are medical professionals with extensive experience in their field and familiarity with accepted procedures. A skilled birth injury lawyer will have access to a nationwide network of expert witnesses that they can call upon to be a witness.

It is not unusual for doctors with good intentions to make mistakes that harm a child. These mistakes could include mistakes in diagnosis or failure to recognize fetal stress or medication errors, surgical errors, or failing to perform a C-section in a hurry.

Often, the damage suffered by the child can be substantial. A compassionate Atlanta birth injury lawyer can help families get the compensation they are entitled to for all their losses and hardships. These losses can include medical expenses loss of income, permanent treatment, mental anguish, and pain and suffering.

Grant Law Office is dedicated to helping victims of medical malpractice, and their families, receive the financial support they need to cover their medical bills in the future. This involves hiring medical and financial experts to assess current and future losses, and develop a legal strategy to seek maximum compensation.

Breach of Duty

A duty is a legal obligation that arises from the relationship. For instance it is a duty to pay taxes or not to steal. A medical professional who is bound by a duty to you must act in your best interest. In a lawsuit involving medical malpractice in which they fail to meet this standard is referred to as negligence. This is what causes birth injuries, which include cerebral palsy and other birth-related disabilities.

To prove medical malpractice, the plaintiff (in this instance, the child's mother) must show that the healthcare professional had a duty of care, and that the healthcare professional violated the duty of care by committing a negligent act. The breach has to be tied to the injury sustained and the healthcare professional’s actions or inactions should be different from what other doctors would have done in similar circumstances.

A doctor who refuses to to order an emergency C-section when both mother and child are in fetal distress is one instance. This is the most typical type of medical malpractice alleged in a birth injury case.

A healthcare professional can also commit a breach when they are reckless or display poor judgment. This could include administering improper medication or mishandling surgical procedures. In a lot of cases medical professionals can avoid mistakes by being aware of the possible risks to pregnant women.

A successful medical malpractice claim can help a family financially recover from a severe birth injury. Compensation could cover medical expenses, ongoing therapy, assistive devices, and other losses. Our atlanta birth injury Lawsuit birth injury lawyers are prepared to help victims recover the compensation they deserve. The damages you can receive depend on the severity of your child's injuries and the impact they'll affect their lives for the next few years. Our lawyers will carefully review your case, gather the relevant evidence, and determine the amount of damages you are entitled to. We will then negotiate an equitable settlement with you. If a settlement cannot be reached then we will prepare for trial. If you believe that your child's medical provider committed negligence, please contact us now to start your birth injury atlanta injury claim.

Causation

Bringing a birth injury lawsuit against a healthcare provider requires the proof of several legal elements. One of the most important elements is that the medical professional violated their duty to patients by not adhering to the appropriate standard of care within their specialty. This element of a medical malpractice claim is established by evidence from experts, and Atlanta birth injury lawyers will employ top experts in their field to build a strong case for their clients.

The next element of a medical malpractice case is causation. This means that the negligent act or failures to act directly led to an injury to the patient. This is a crucial aspect and expert medical witnesses can provide evidence that the medical professional strayed from the accepted norms in their field that caused the victim to be injured.

To win a medical malpractice lawsuit, the plaintiff will also be required to prove that the injuries are compensable under Georgia law. The compensation for medical malpractice can be a combination of economic and non-economic damages. Economic damages are awarded to pay for medical expenses, ongoing treatment, loss of quality of life and lost wages due time off work. Non-economic damages can be awarded to compensate for emotional distress, pain and suffering and mental trauma due to the injury.

A skilled Atlanta birth injury lawyer will examine the medical records to determine who was responsible for your child's injuries and investigate how these errors could have been prevented. Based on the circumstances, other healthcare professionals or even the hospital itself could be liable for the medical malpractice.

If a child is born with a severe condition, such as cerebral palsy, serious spinal cord injury, or any other mental or physical disability, a dedicated Atlanta birth injury lawyer can help them obtain financial support to improve their child's quality of life and help with future medical requirements. An attorney will be diligent to examine your situation and make an effective claim against the parties responsible. They know the scientific basis for these injuries, the role hospital staff and doctors play in them, and how mistakes can impact the future of your family.

Damages

Whatever the best intentions of doctors are, medical errors happen. The consequences of mistakes made by medical professionals can be devastating for families. Their lives could be forever altered due to the injuries, and they will continue to require medical care. The damages awarded will allow them to pay for those expenses and pay for other losses.

A family may bring a lawsuit based on birth injury to hold a healthcare professional accountable for their mistake and to receive financial compensation. The lawyer handling the case will gather all pertinent information, including medical records. Once they have all this information, they will file the lawsuit with the court, naming the hospital and doctor as defendants. They will then request an agreement, but there is no guarantee they will accept one.

In addition to financial damages, a family could be awarded non-economic, pain and suffering damages. These damages are designed to compensate the family of a child for the emotional distress and trauma they endured. These settlements can be challenging to calculate, however a savvy lawyer can try to negotiate a fair settlement to compensate the child as well as his or her parents for the losses they suffered.

There are also punitive damages which are designed to punish the at-fault party for their egregious conduct and deter others from engaging in similar actions. These are uncommon in medical malpractice cases but can be awarded if a jury believes that the defendant's actions were particularly reckless or egregious.

If you believe that your child has suffered a birth-related injury due to the inattention or negligence of medical professionals it is essential to speak with an Atlanta birth injury lawyer as quickly as possible. There is a specific deadline called the statute of limitations within which you can make a claim for birth injuries, and the lawyer who works on these types of claims will be in a position to inform you of how long you have left.