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Birth Injury Lawsuits

When your child is injured during birth because of medical negligence It can have lasting consequences. Our Atlanta birth injury attorneys help families obtain compensation for long-term medical costs and lost future income.

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

Duty of Care

Medical staff and doctors who treat OB-GYN patients are obliged to provide patients with the highest standard of treatment. This obligation stems from healthcare laws and rules and regulations set by medical professionals and professional associations.

A doctor who fails to meet the standard of care could be held accountable for injuries caused by their negligence. A successful malpractice case will require a thorough investigation, as well as a solid case based on evidence that is credible like medical records and eyewitness testimonies. A birth injury lawyer in Atlanta is experienced in investigating these cases and understands how to quickly gather information while the evidence is still in its infancy.

In a Georgia malpractice case, the plaintiff must establish four elements: 1.) the duty of a doctor to follow the standards of care; two) the breach of the duty occurred; 3) the breach by the defendant directly caused the injury; and four) the injury led to damages. The determination of each of these elements requires an expert witness. These experts are medical professionals with extensive experience and knowledge in their area of expertise. A qualified birth injury attorney has an extensive network of expert witnesses across the nation who they can use to testify in each case.

It is not uncommon for doctors with good intentions to make errors that cause harm to children. These mistakes could include misdiagnosis or failure to detect fetal stress or medication errors, surgical errors, or failing to perform a C-section urgently.

The harm suffered by the child could be significant. A compassionate Atlanta birth injury lawyer can help these families receive the compensation they are entitled to for their losses and hardships. These losses can include medical expenses as well as lost income, lifelong treatment, mental anguish and suffering and suffering.

Grant Law Office is dedicated to helping victims of medical malpractice, as well as their families, obtain the financial support they need to cover their medical bills in the future. This includes bringing in medical and financial experts to assess current and future losses, and then putting together a legal strategy to pursue the maximum amount of compensation.

Breach of Duty

A duty is a legal obligation that arises from the relationship between two parties, for example, the expectation that you pay taxes or a promise not to take something from someone else. If a medical professional owes you a duty, they have to take reasonable care to protect your best interests. In a medical malpractice case, failure to meet this standard could be deemed negligence. This is what causes birth injuries, such as cerebral palsy, as well as other birth-related disabilities.

To prove medical malpractice, a plaintiff (in this case the mother of the child) must show that the healthcare provider had a duty of care, and that the healthcare professional violated this duty by committing negligence. The breach must be linked to the harm suffered, which means that the healthcare professional’s actions or inactions must differ from what other doctors would have done in similar circumstances.

A good example of this is a doctor who fails to order an emergency C-section when the mother and baby are experiencing fetal distress. This is the most typical kind of medical malpractice that is alleged in a birth injury case.

Another kind of breach occurs when a healthcare professional acts recklessly or displays poor judgment. Examples include giving the wrong medication or mishandling the procedure. In many instances the risk of negligence is avoided if medical professionals are aware of the risks that can affect a birthing patient.

A successful medical malpractice claim can help families financially recover from a severe birth injury. Compensation can cover the cost of medical treatment and ongoing therapy, as well as assistive devices and other expenses. Our Atlanta birth injury attorneys are prepared to assist victims receive the compensation they need. The amount you will get depend on the severity of your child's injuries and the impact they'll have on their life for the next few years. Our lawyers will analyze your case with care, collect the evidence required, and determine how much you are due in damages. We will then work with you to negotiate an equitable settlement. If a settlement cannot be reached, we will prepare for trial. If you believe that the medical professional treating your child committed negligence, contact us today to get started on your birth injury claim.

Causation

To bring a lawsuit against a healthcare professional for birth injury, you must establish a number of legal elements. One of the most crucial elements is that a medical professional did not to meet a reasonable standard in their field of expertise. Expert testimony is used to establish this element of medical malpractice claims. Atlanta birth injury lawsuit birth injury attorneys will consult with the top experts in their field to construct a convincing case for their clients.

The next element of a claim for medical malpractice is causation. This means that the negligent actions or failures to act directly caused injury to the patient. This is another crucial element and expert medical witnesses can provide evidence that the medical professional deviated from the accepted standards of their field and led to the victim being injured.

To win a medical malpractice lawsuit the plaintiff will be required to prove that the injuries are compensable under Georgia law. Compensation for medical malpractice may include both economic and non-economic damages. Economic damages are awarded to pay for medical expenses and ongoing treatment, as well as loss in quality of life, as well as lost wages due time off work. Non-economic damages are awarded to cover emotional suffering, distress and mental trauma due to the injury.

A skilled Atlanta birth injury lawyer will review the medical documents 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 responsible for the malpractice.

If a child of a parent is born with a severe condition, such as cerebral palsy, serious spinal cord injury, or other physical or mental disability, a dedicated Atlanta birth injury lawyer can help them get financial support to improve their child's quality of life and to cover future medical needs. A lawyer will investigate your case and make a strong claim against the accountable parties. They are aware of the science behind these kinds of injuries, the roles that doctors and hospital staff are involved in, and the consequences of a mishap could affect your family's future.

Damages

Medical errors can happen regardless of how careful the doctors are. When they do, the results can be devastating to families. Their lives can be forever altered by the injuries and they will always need medical attention. The compensation they receive can help them pay for those expenses and pay for other losses.

A family can file a lawsuit for birth injury to hold a healthcare professional accountable for their error and to recover financial compensation. The lawyer who handles the case will first gather all relevant information including medical records. Once they have all this information, they will file the lawsuit with the court, naming the hospital and the doctor as defendants. After that, they'll ask for an amount of settlement, although there is no guarantee they will agree to one.

A family may also be awarded pain and suffering damages or non-economic damages in addition to economic damages. These damages are designed to compensate the family of a child for the emotional distress and trauma they endured. These settlements can be difficult to calculate but a skilled lawyer can negotiate an equitable settlement to compensate the child and/or parents for their losses.

Punitive damages are designed to penalize the party who was at fault for their insidious behavior and deter others from engaging in similar behavior. These are uncommon in medical malpractice cases, however they can be awarded if a jury believes that the defendant's actions were particularly reckless or inexplicably reckless.

If your child sustained a birth injury because of the negligence of a health professional, you should to speak with an experienced Atlanta birth injury attorney as soon as you can. There is a time limit, known as the statute of limitations, within which you must make a claim for birth injuries and atlanta birth injury lawsuit the attorney who handles these kinds of claims would be in a position to inform you of how much time you have left.