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Birth Injury Lawsuits

When your child is injured during birth because of negligence by a medical professional, it can have long-lasting consequences. Our Atlanta birth injury lawyers can help families seek compensation to pay for their long-term medical needs and loss of future earnings.

To make a convincing case, we must demonstrate that healthcare professionals failed to adhere to the highest standards of care. We gather evidence by using eyewitness accounts, medical experts' opinions, photographs and videos.

Duty of Care

OB-GYN doctors and medical staff are required to provide patients with the highest standard of treatment. This obligation is derived from the laws that regulate the healthcare industry and the rules and regulations formulated by medical professionals' professional organizations.

A physician can be held liable for injuries caused by negligence if they fail adhere to the standard. However, a successful malpractice claim requires a thorough investigation as well as an argument that is based on solid evidence, such as medical documents and eyewitness testimony. An Atlanta birth injury lawyer is experienced in investigating these cases, and they know how to gather the necessary information quickly, while evidence is fresh.

In a Georgia malpractice case, the plaintiff must establish four elements: 1.) the duty of a doctor to adhere to the standard of care; 2)) a breach of the duty occurred; 3) the defendant's breach directly caused the injury and 4) the injury caused damages. Each element must be established by an expert witness. They are medical professionals with extensive experience and know-how in their area of expertise. A competent birth injury lawyer has an extensive network of expert witnesses across the country that they can rely on to testify in every case.

It is not uncommon for doctors with good intentions to make mistakes that cause harm to children. These mistakes can include the wrong diagnosis or inability to recognize the signs of stress in the fetus or medication errors, surgical errors, or failing to perform a C-section in a hurry.

The damage that the child suffers is often severe. A caring Atlanta birth injury lawyer can assist families to receive the compensation they deserve for their hardships and losses. These losses could include medical expenses, lost income, lifelong treatment, mental anguish and pain and suffering.

The lawyers at Grant Law Office are dedicated to helping those affected by medical malpractice as well as their families receive the financial support they need to cover their future medical expenses. This involves hiring medical and financial experts to calculate future and current losses and to develop a legal plan to seek maximum compensation.

Breach of Duty

A duty is an obligation legally enforceable that stems from an agreement, like an expectation that you pay taxes or not to rob. A medical professional who is bound by the obligation to you must act in your best interest. In the case of medical malpractice, failure to meet this standard is referred to as negligence. This is what leads to birth injuries, including cerebral palsy, as well as other birth-related disabilities.

To prove medical malpractice, the plaintiff (in this case the mother of the child) must prove that the healthcare provider owed them a high duty of care, and that the healthcare professional violated this duty by acting negligently. The breach must also be correlated to the injuries that the plaintiff suffered, which requires establishing that the healthcare professional's actions or inaction differed from what other medical professionals would have done in similar circumstances.

One example of this is the failure of a doctor to request an emergency C-section if the mother and baby are in fetal distress. This is the most frequent kind of medical malpractice that is claimed in a case of birth injury.

Another type of breach is when healthcare professionals are reckless or displays poor judgment. Examples include giving the wrong medication or mishandling a surgical procedure. In a lot of cases the risk of negligence is avoided if medical professionals are aware of the risks that could affect a pregnant patient.

A successful medical malpractice case can help a family recover financially from a serious birth trauma. Compensation can cover medical expenses and ongoing therapy, as well as assistive devices and other losses. Our Atlanta birth injury attorneys are available to assist victims receive the compensation they deserve. The amount of damages you may be entitled to will depend on the severity and the impact of your child's injury. Our attorneys will examine your case carefully, gather the evidence required, and determine how much you are entitled to in damages. We will then negotiate an acceptable settlement with you. If a settlement cannot be agreed upon, we will prepare to go to trial. If you believe the medical professional treating your child committed negligence, please contact us now to begin your birth injury claim.

Causation

To bring a lawsuit against a healthcare professional for birth injury, you need to demonstrate a variety of legal aspects. One of the most important elements is that the medical professional breached their duty to patients by failing to adhere to an acceptable standard of care within their field of expertise. This element of a medical malpractice claim is established through expert testimony, and Atlanta birth injury lawyers will seek out top experts in their fields to build a strong case for their clients.

The second aspect of a claim for medical malpractice is causation, which means that the negligent act or failures to act directly resulted in injury to the patient. This is a crucial aspect, and expert medical witnesses can prove that the medical professional departed from the accepted standards in their field which resulted in the victim being injured.

To win a medical malpractice case the plaintiff will have to prove that their injuries are legal under Georgia law. Compensation for medical malpractice could comprise both economic and other damages. Economic damages are typically awarded to cover costs such as medical expenses, rehabilitation of ongoing treatment, loss of quality of life, and lost wages resulting from taking time off from work. Non-economic damages may be awarded for emotional distress, pain and discomfort, and mental anguish that results from the injury.

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

A dedicated atlanta birth injury lawsuit birth injury lawyer can assist parents of children born with a severe disability like cerebral palsy, or severe spinal injuries. They can also get financial aid to improve the quality of life for their child and pay for future medical expenses. A lawyer will work diligently to examine your situation and bring an argument that is persuasive against the accountable parties. They understand the scientific basis for these injuries, the roles that doctors and hospital staff plays in them, and how mistakes can affect the future of your family.

Damages

Whatever the best intentions of doctors are, medical mistakes happen. The consequences of medical mistakes can be devastating for families. Their lives could be forever altered due to the injuries, and they will always need medical care. The damages awarded will help them pay for these expenses as well as pay for other losses.

A family can bring a lawsuit based on birth injury to hold a healthcare professional accountable for their negligence and also to get financial compensation. The attorney handling the case will gather all relevant information including medical records. Once they have this information they will file the lawsuit with the court including the hospital and doctor as defendants. After that, they'll request an amount for a settlement, but there is no guarantee that they will agree to one.

In addition to financial damages, a family may be awarded non-economic, pain and suffering damages. These are a way to compensate for the emotional trauma and suffering that the child and his or family members endured. They aren't easy to determine, but a skilled lawyer can try to negotiate a fair settlement for the child's or parents loss.

There are also punitive damages that are intended to punish the at-fault party for their egregious conduct and deter others from engaging in similar actions. These damages are rare in medical malpractice cases, but they are awarded when the jury determines that the defendant's behavior was particularly indecent.

If your child suffered a birth injury because of the negligence of a health professional, you might want to consult a specialized Atlanta birth injury lawyer immediately. There is a time limit, known as the statute of limitations within which you have to file a birth injury claim, and the lawyer who handles these kinds of claims would be competent to tell you how much time you have left.