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Birth Injury Lawsuits

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

To make a convincing case, we must prove that healthcare professionals failed to uphold the highest standards of medical care. We gather evidence through eyewitness testimony, expert medical opinions, and photographs and videos.

Duty of Care

OB-GYN physicians and medical staff are required to provide the highest quality of care to their patients. This obligation stems from healthcare laws as well as the rules and regulations established by medical professionals professional organizations.

A doctor could be held responsible for injuries caused by negligence if they fail to meet the standards. A successful malpractice case will require a thorough investigation, as well as a solid case based on credible evidence like medical records and eyewitness testimony. A birth injury lawyer in Atlanta birth Injury lawsuit is well-versed in investigating these cases and understands how to gather information quickly and efficiently, even though the evidence is still in its infancy.

In a Georgia malpractice lawsuit, the plaintiff needs to prove four elements one of which is) that the doctor had a duty to follow the standard of care,) that a breach occurred, 3) the defendant breach directly triggered injuries and four) damages were caused by the injuries. Each element must be established by an expert witness. They are medical professionals with extensive experience and knowledge in their area of expertise. A skilled birth injury attorney will have experts throughout the country who they can call on to testify in any case.

Although the majority of birth injuries result of medical negligence, it is not uncommon for doctors with good intentions to make mistakes and harm children. These errors can result in the wrong diagnosis or inability to recognize the presence of fetal stress or medication errors, surgical mistakes, or inability to perform a C-section urgently.

The harm that a child suffers is often severe. A compassionate Atlanta birth injury lawyer can help families get the compensation they deserve for all of their difficulties and losses. These losses could include medical expenses loss of income, permanent treatment, mental anguish, and pain and suffering.

Grant Law Office is dedicated to helping patients affected by medical malpractice, and their families, get the financial assistance they need to cover their future medical expenses. This includes enlisting experts in the field of medicine and atlanta birth injury lawsuit finance to assess the current and future losses and devise a sound legal strategy for seeking maximum compensation.

Breach of Duty

A duty is an obligation imposed by law that results from an agreement, like an expectation that you will pay taxes or a promise not to rob. When a medical professional owes you an obligation, they must use reasonable care to safeguard your best interests. In a lawsuit involving medical malpractice in which they fail to meet this standard is 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 case, the child's mother) must show that the healthcare provider owed them a high 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 and prove that the healthcare professional's actions or inaction differed from what other medical professionals would have done under similar circumstances.

A good example of this is the failure of a doctor to request an emergency C-section if the mother and baby are experiencing distress in the fetus. This is the most common kind of medical malpractice that is being alleged in birth injuries.

A healthcare professional can also be in breach if they make rash decisions or exhibit poor judgment. This can include administering incorrect medication or mishandling surgical procedures. In a lot of cases, medical professionals can prevent mistakes by being aware of the potential risks for pregnant women.

A successful medical malpractice case can aid a family in recovering financially from a severe birth trauma. Compensation can pay for medical expenses and ongoing therapy, as well as assistive equipment, and other losses. Our Atlanta birth injury lawyers are ready to help victims recover the compensation they deserve. The amount of damages you may be entitled to will depend on the severity and impact of your child's injury. Our lawyers will review your case in detail, gather the required evidence, and determine how much you are entitled to in damages. We will then assist you in negotiating an acceptable settlement. If a settlement cannot be reached, we will prepare for trial. If you believe the medical professional treating your child committed error, call us today to get started on your birth injury claim.

Causation

To bring a lawsuit against a healthcare professional over a birth injuries, you must demonstrate a variety of legal aspects. One of the most important elements is that the medical professional violated their duty to patients by failing to adhere to an acceptable standard of care within their specialty. Expert testimony is used to establish this aspect of an action for medical malpractice. Atlanta birth injury attorneys will seek out 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 caused an injury for the patient. It is an essential element and expert medical witnesses can provide evidence that the medical professional was deviating from the accepted standards of care in their field, which in turn resulted in the victim suffering an injury.

In order for a claim based on medical malpractice to succeed, the plaintiff must also prove that their injuries were compensable under Georgia's law. Compensation for medical malpractice can include both economic and non-economic damages. Economic damages are typically awarded to cover costs like rehabilitation costs, medical expenses of ongoing treatment, loss of quality of life and lost wages resulting from taking time off from work. Non-economic damages can be awarded to cover emotional suffering, distress and mental trauma due to the injury.

A experienced Atlanta birth injury lawyer will review the medical records in order to determine who is responsible for your child’s injuries and how they could have been prevented. Based on the circumstances the hospital or other healthcare professionals could be responsible for the malpractice.

A dedicated Atlanta birth injury lawyer can aid parents of children born with a serious disability like cerebral palsy, or an injury to the spine that is serious. They can also obtain financial assistance to improve the quality of life of their child and to provide future medical expenses. A lawyer will diligently to investigate your situation and make an effective claim against the accountable parties. They know the science behind these kinds of injuries, the roles that doctors and hospital personnel have in them, and the consequences of a mishap can affect the future of your family.

Damages

Medical mistakes can happen regardless of how careful the doctors may be. If they do, the results can be devastating to families. Their lives may be forever changed due to the injuries, and they will continue to require medical attention. The compensation they receive will allow them to pay for those expenses and pay for other losses.

A family may start a lawsuit for birth injuries to hold a medical professional accountable for their error and to recover financial compensation. The attorney handling the case will collect all relevant information, including medical records. Once they have collected all the relevant information, they will bring a lawsuit to court with the hospital and the doctor as defendants. They can then ask for a settlement however there is no guarantee they will accept one.

In addition to the economic damages, a family could be awarded non-economic or pain and suffering damages. These are intended to pay for the emotional trauma and suffering that the child and family suffered. These aren't easy to determine but a savvy attorney could try to obtain an appropriate settlement for the child's as well as his or parents loss.

There are also punitive damages, that are intended to punish the person at fault for their egregious behavior and discourage others from engaging in similar behavior. These damages are uncommon in medical malpractice cases, but they are awarded when the jury determines that the defendant's actions were particularly egregious.

If you believe that your child has suffered an injury related to birth due to the inattention or negligence of a healthcare professional, it is important to get in touch with an Atlanta birth injury atlanta injury lawyer as quickly as you can. There is a specific deadline known as the statute of limitations within which you can file a birth injury claim and the attorney who works on these types of claims is competent to tell you the timeframe you have left.