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Birth Injury Lawsuits

If your child is injured during birth because of medical negligence it could have long-lasting consequences. Our Atlanta birth injury lawyers can help families recover compensation to cover their medical expenses for the long term and loss of future earnings.

To build a convincing case, we need to demonstrate that healthcare providers did not ensure a high standard of care. We gather evidence using eyewitness accounts, medical experts' opinions, photographs and videos.

Duty of Care

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

A physician can be held accountable for the harm 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 that is based on reliable evidence like medical documents and eyewitness testimony. An Atlanta birth injury lawyer has experience investigating these cases and knows how to gather the necessary information quickly while the evidence is still fresh.

In a Georgia malpractice case, the plaintiff must prove four elements: 1)) the duty of the doctor to follow the standards of care; 2)) a breach of this duty occurred;) the defendant's breach directly caused the injury; and four) the injury led to damages. Each element must be established by an expert witness. These experts are medical professionals who have extensive experience in their field as well as expertise in accepted methods. A skilled birth injury lawyer will have a nationwide network of expert witnesses they can rely on to provide evidence.

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

The damage caused by the child can be substantial. A caring Atlanta birth injury lawyer can help these families receive the compensation that they are entitled to for all their troubles and losses. These losses could include medical expenses loss of income, permanent treatment, mental anguish and suffering and pain.

The attorneys at Grant Law Office are dedicated to helping victims of medical malpractice and their family members get the financial assistance they require to pay for their future medical expenses. This includes bringing in experts in the field of medicine and finance to assess their future and current losses and devise a sound legal strategy to obtain 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 rob. When a medical professional owes you a duty, they must take reasonable care to protect your best interests. In a lawsuit involving medical malpractice, failing to meet this standard is termed negligence. This is what leads to birth injuries, which include cerebral palsy and other birth-related disabilities.

To prove medical malpractice, the plaintiff (in this instance, the mother of the child) must show that the healthcare professional was obligated to provide an exceptional standard of care, and that they breached that duty in their negligence. The breach has to be tied to the injury suffered by the healthcare professional's actions or inactions have to have been different from what other doctors would have done in similar situations.

A doctor who does not order an emergency C section when both mother and child are in fetal distress is an instance. This is the most frequent type of medical malpractice alleged in a birth injury lawsuit.

Healthcare professionals can also be in breach if they are reckless or display poor judgment. This can include administering incorrect medications or ignoring surgical procedures. In many instances the risk of negligence is avoided by medical professionals who are aware of the risks that can affect a birthing patient.

A successful medical malpractice claim can aid a family financially to recover from a severe birth injury. Compensation could cover the cost of medical treatment, ongoing therapy, assistive devices and other expenses. Our Atlanta birth injury lawyers are prepared to help victims receive the compensation they are entitled to. The amount you will get depend on the severity of your child's injuries as well as the impact they'll have on their life going forward. Our lawyers will carefully review your case, collect the required evidence, and then determine what damages you are owed. We will then assist you in negotiating a fair settlement. If a settlement isn't reached then we will prepare for trial. Contact us today if you believe your child's doctor Atlanta birth injury lawyers was negligent.

Causation

To bring a lawsuit against a healthcare professional for birth injury, you need to prove several legal elements. One of the most crucial elements is that the medical professional violated their obligation to patients by not adhering to an acceptable standard of care in their field of expertise. This aspect of a medical malpractice case is proven through expert testimony. Atlanta birth injury lawyers will employ top experts in their fields to create a compelling case for their clients.

Causation is the next element in a medical malpractice case. This implies that the negligent acts, or failures to act directly resulted in injuries to the patient. This is a crucial aspect and expert medical witnesses will provide evidence that the medical professional deviated from the accepted standards of medical practice in their field, which resulted in the victim suffering an injury.

In order for a claim based on medical malpractice to succeed the plaintiff must show that their injuries are legal under Georgia's law. Compensation for medical malpractice can include both economic and non-economic damages. Economic damages are typically granted to cover costs such as rehabilitation costs, medical expenses and ongoing treatment loss of quality of life, and lost wages resulting from taking off from work. Non-economic damages are awarded to compensate for emotional distress, pain and suffering and mental stress due to the injury.

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

If a child of a parent is born with a serious condition, such as cerebral palsy, a serious spinal cord injury, or other mental or physical disabilities, an experienced Atlanta birth injury attorney can help them obtain financial assistance to improve the quality of their child's life and provide for future medical needs. A lawyer will work diligently to investigate your situation and make a compelling claim against the responsible parties. They understand the science behind these kinds of injuries, the roles that hospital staff and doctors have in them, and the consequences of a mistake could affect your family's future.

Damages

Whatever the best intentions of doctors are, medical errors occur. When they do, the consequences can be devastating to families. Their lives could be forever changed due to the injuries, and they will continue to require medical attention. The damages awarded can assist in paying for these costs and help them recover for other losses.

A family could start a lawsuit for birth injuries to make the healthcare professional accountable for the error and to recover the financial compensation. The lawyer who handles the case will first gather all relevant information including medical records. Once they have gathered all the relevant information, they will bring a lawsuit to court with the hospital and the doctor as defendants. After this, they will request an amount of settlement, although there is no guarantee that they will agree to a settlement.

A family may also be awarded damages for pain and suffering or non-economic damages in addition economic damages. These damages are intended to compensate a child's family for the emotional distress and trauma they endured. They can be difficult to calculate but a savvy lawyer could seek an appropriate settlement for the child's as well as his or parents loss.

Punitive damages are intended to punish the party responsible for their reckless behavior and deter others from engaging in similar behaviour. These damages are not common in medical malpractice cases, but they can be awarded when the jury determines that the defendant's actions were especially egregious.

If your child sustained an injury to their birth due to the negligence of a health care professional, you might want to contact a dedicated atlanta birth injury lawsuit birth injury lawyer as soon as you can. The statute of limitations is the date by which you must file your birth injury claim. Your lawyer will be able tell you how much time you have left.