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Birth Injury Lawsuits

When your child suffers a serious injury in the birth due to medical negligence, the consequences can be a long-lasting issue. Our atlanta birth injury attorneys (read the full info here) can help families obtain compensation for long-term medical expenses and loss of future income.

To make a convincing case, we need to demonstrate that healthcare providers failed to ensure a high standard of care. We gather evidence using eyewitness testimonies, expert medical opinions, photographs and videos.

Duty of Care

OB-GYN physicians and medical staff are required to provide the highest standard of care for their patients. This obligation is derived from the laws that regulate the healthcare industry, Atlanta birth injury attorneys and the rules and regulations formulated by medical professional associations.

A physician can be held responsible for any injuries resulting from negligence if they fail meet the standards. However an effective malpractice claim requires a thorough investigation and a strong case built on credible evidence, including medical records and witness testimony. An Atlanta birth injury lawyer is skilled in investigating these cases and know how to gather all the necessary information quickly, while evidence is fresh.

In a Georgia malpractice lawsuit, the plaintiff needs to prove four things: 1) that the doctor was under obligation to observe the standard of care,) that a breach occurred, 3) the defendant breach directly caused the injuries and 4) damages were triggered by the injuries. Each of these elements must be proven by an expert witness. They are medical professionals with extensive experience and know-how in their field. A skilled birth injury lawyer will have access to a nationwide network of expert witnesses they can rely on to be a witness.

It is not unusual for doctors with good intentions to make errors that can harm the child. These errors can result in misdiagnosis or failure to detect the presence of fetal stress, medication errors, surgery errors, or failing to perform a C-section urgently.

The harm that a child suffers can be devastating. A compassionate atlanta birth injury lawsuit birth injury lawyer can assist these families receive the compensation that they deserve for all their troubles and losses. These losses could include medical expenses and income loss, the cost of life-long medical and treatment, pain and suffering, and mental anguish.

The attorneys at Grant Law Office are dedicated to helping those affected by medical malpractice and their families get the financial assistance they require to pay for their future medical needs. This includes hiring financial and medical experts to analyze future and current losses and to develop a legal plan to obtain the highest amount of compensation.

Breach of Duty

A duty is an obligation that arises out of an existing relationship. For example, a duty to pay taxes or not to steal. If a medical professional owes you an obligation, they must exercise reasonable care in your best interests. In a medical malpractice case the failure to adhere to this standard is termed negligence. Birth injuries, such as cerebral palsy, birth-related disabilities, and others are caused by this.

To prove medical malpractice the plaintiff (in this case, the mother of the child) must demonstrate that the healthcare professional was responsible for an exceptional level of care and that they violated that duty by committing negligence. The breach must be connected to the harm suffered and the healthcare professional’s actions or inactions should differ from what other doctors would have done in similar situations.

A good example of this is the doctor who does not call for an emergency C-section even though the mother and baby are in distress in the fetus. This is the most frequent type of medical malpractice that's accused in birth injuries.

Healthcare professionals can also be guilty of a breach if they act recklessly or show poor judgment. This can include administering incorrect medication or handling surgical procedures in a way that is not safe. In many instances medical professionals can avoid negligence by being aware of the risks that could be posed to pregnant women.

A successful medical malpractice case can help families financially recover from a severe birth injury. Compensation could cover medical expenses as well as ongoing therapy, assistive equipment, and many other losses. Our Atlanta birth injury lawyers are ready to assist victims in obtaining the compensation they deserve. The amount of damages you could be entitled to is contingent upon the extent and impact of the injury to your child. Our attorneys will examine your case carefully, gather the required evidence, and determine how much you are owed in damages. We will then collaborate with you to negotiate a fair settlement. If a settlement is not agreed upon, we will prepare to go to trial. If you believe your child's medical provider committed negligence, contact us today to start your birth injury claim.

Causation

The process of bringing a birth injury lawsuit against a healthcare provider needs proving several legal elements. One of the most crucial elements is that a medical professional failed to adhere to a reasonable standard in their field of expertise. Expert testimony is used to establish this aspect of medical malpractice claims. Atlanta birth injury attorneys will consult with the top experts in their field to build a strong argument for their clients.

Causation is the next element in the medical malpractice case. This implies that the negligent acts or inactions directly caused the victim suffering an injury. It is a crucial element and expert medical witnesses can provide evidence that the medical professional acted in a manner that was different from the accepted standards of care in their field, which in turn resulted in the victim suffering an injury.

In order for a medical malpractice claim to succeed the plaintiff must prove that their injuries were legally compensable under Georgia's law. Compensation for medical malpractice could comprise both economic and other damages. Economic damages are awarded to pay for medical expenses, ongoing treatment, loss in quality of life, as well as lost wages due to time off work. Non-economic damages are awarded for emotional distress as well as pain and discomfort and mental anguish resulting from the injury.

A skilled Atlanta birth injuries lawyer will examine the medical records to determine who is accountable for the injuries your child sustained and the ways they could have been avoided. Based on the circumstances the hospital or other healthcare professionals could be accountable for the negligence.

A dedicated Atlanta birth injury lawyer can assist parents who have a child born with a disability that is severe like cerebral palsy, or a serious spinal injury. They can also get financial assistance to improve the quality of life their child and to provide future medical expenses. A lawyer will investigate your case and present an argument that is convincing against the responsible parties. They understand the scientific basis for these injuries, the roles that doctors and hospital staff play in their care, and how a mistake can affect the future of your family.

Damages

Medical errors can occur regardless of how well-intentioned the doctors are. When they do, the consequences can be devastating to families. The injuries can alter their lives for the rest of their lives and leave them with a constant need for medical treatment and other costs that will never go away. The damages that are awarded will allow them to pay for those expenses and pay for other losses.

A family can file a birth injury lawsuit to hold the healthcare professional responsible for their error and to seek financial compensation. The lawyer who handles the case will first collect all relevant information including medical records. Once they have gathered all the information they will bring a lawsuit to court and name both the doctor and the hospital as defendants. They will then ask for an agreement however there is no guarantee that they will accept one.

A family may be awarded pain and suffering damages or non-economic damages in addition to economic damages. These are a way to pay for the emotional trauma and distress that a child and his or family members endured. These settlements can be challenging to calculate, but a knowledgeable lawyer can negotiate an appropriate settlement that compensates the child and/or parents for their losses.

Punitive damages are designed to punish the party at fault for their egregious behavior and discourage others from engaging in similar behavior. These damages are rare in medical malpractice cases, however they may be awarded if a jury finds that the defendant's actions were particularly indecent.

If your child suffered an injury during birth due to the negligence of a health care professional, you might want to consult a specialized Atlanta birth injury attorney immediately. The statute of limitations is the date for filing your claim for birth injury. Your lawyer can tell you the amount of time you have left.