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Birth Injury Lawsuits

When your child is injured at birth as a result of medical negligence, it can have long-lasting consequences. Our atlanta birth injury attorneys (official statement) help families recover compensation for their long-term medical bills and loss of future income.

To build a strong case we must show that healthcare providers failed to ensure a high standard of care. We gather evidence through eyewitness testimony, expert medical opinions, and photographs and videos.

Duty of Care

OB-GYN doctors and medical personnel are obliged to provide patients with the highest standard of medical care. This obligation stems from laws governing the healthcare industry as well as the rules and regulations established by medical professionals' professional organizations.

A physician can be held responsible for injuries caused by negligence if they fail meet the standards. A successful malpractice claim will require a thorough investigation, and a convincing case that is based on reliable evidence like 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 lawsuit, the plaintiff has to prove four elements: 1)) the duty of the doctor to follow the standard of care; 2) the breach of that duty occurred; 3) the defendant's breach directly caused the injury and four) the injury led to damages. Each of these elements must be proven by an expert witness. These experts are medical professionals with years of experience in their field and expertise in accepted procedures. A competent birth injury lawyer will have a nationwide network of expert witnesses that they can rely on to provide evidence.

While most birth injuries result of medical negligence, it's not uncommon for doctors who are well-meaning to make mistakes and harm children. These errors can include mistakes in diagnosis, failure to recognize the presence of fetal distress, medication mistakes or surgical mistakes, or the inability to perform an emergency C-section when needed.

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

Grant Law Office is dedicated to helping victims of medical malpractice, and their families, obtain the financial assistance they need to cover their future medical expenses. This includes hiring medical and financial experts to assess their current and future losses and develop a sound legal strategy to seek the maximum amount of compensation.

Breach of Duty

A duty is an obligation imposed by law that results from the relationship between two parties, for example, the expectation that you pay taxes or not to take something from someone else. When a medical professional owes you a duty, they have to exercise reasonable care in your best interests. In a medical malpractice lawsuit, failing to meet this standard is termed negligence. Birth injuries, such as cerebral palsy and birth-related disabilities, are caused by this.

In order to prove medical malpractice the plaintiff (in this case, the mother of the child) must show that the healthcare professional was obligated to provide the highest level of care, and that they violated this duty by committing negligence. The breach must be connected to the harm 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 good example of this is a doctor who fails to request an emergency C-section if the mother and baby are suffering from distress in the fetus. This is the most common type of medical malpractice that's alleged in birth injury cases.

A healthcare professional can also be guilty of a breach if they make rash decisions or exhibit poor judgment. This can include administering incorrect medication or mishandling surgical procedures. In many cases it is possible to avoid negligence when medical professionals are aware of the dangers that could affect a pregnant patient.

A successful medical malpractice case can aid a family in recovering financially from a devastating birth trauma. Compensation can cover the cost of medical treatment, ongoing therapy, assistive devices and other expenses. Our Atlanta birth injury lawyers are prepared to help victims recover the compensation they deserve. The amount you could be entitled to depends on the extent and impact of the injury to your child. Our attorneys will thoroughly review your case, gather the relevant evidence, and determine the amount of damages you are entitled to. We will then work with you to negotiate a fair settlement. If a settlement is not reached, we will prepare for trial. If you believe that the medical professional treating your child committed error, call us today to start your birth injury claim.

Causation

In order to bring a lawsuit against a healthcare professional for birth injury atlanta injury, you need to establish a number of legal elements. One of the most important elements is that a medical professional failed to meet a reasonable standard within their area of expertise. Expert evidence is used to prove this aspect of an action for medical malpractice. Atlanta birth injury attorneys will consult the best experts in their field to create a convincing case for their clients.

The second aspect of a medical malpractice case is causation, meaning that the negligence or failures to act directly led to an injury to the patient. This is a crucial aspect and expert medical witnesses will prove that the medical professional deviated from the accepted standards of medical practice in their field, which in turn resulted in the victim suffering an injury.

In order to prevail in a medical malpractice lawsuit the plaintiff will be required to prove that the injuries are compensated under Georgia law. Compensation for medical malpractice can include both economic and non-economic damages. Economic damages are typically granted to cover costs such as medical expenses, rehabilitation of ongoing treatment and loss of quality of life, and lost wages resulting from taking time off from work. Non-economic damages are awarded to cover emotional distress, pain and suffering and mental trauma due to the injury.

A competent Atlanta birth injuries lawyer will scrutinize the medical records to determine who is responsible for the injuries your child sustained and how they could have been prevented. Depending on the circumstances the other healthcare professionals or even the hospital itself could be liable for the medical malpractice.

A dedicated Atlanta birth injury lawyer can help parents whose children are born with a serious disability like cerebral palsy or a serious spinal injury. They can also seek financial assistance to improve the quality of life of their child as well as to pay future medical expenses. A lawyer will examine your case and file an effective claim against the responsible parties. They know the science behind these types of injuries, the roles that hospital staff and doctors are involved in, and the consequences of a mishap can affect the future of your family.

Damages

Medical errors can happen, no matter how well-intentioned the doctors are. The consequences of medical mistakes can be devastating for families. The injuries could change their lives forever, leaving them with a constant need for medical treatment and other costs that will never cease. The compensation awarded could assist in paying for these costs and help them recover for other losses.

A family could file a birth injury lawsuit to hold the healthcare professional responsible for their error and seek the financial compensation. The lawyer handling the case will first collect 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 this, they will ask for an amount for a settlement, but there is no guarantee they will agree to one.

In addition to financial damages, a family could be awarded non-economic or pain and suffering damages. These damages are designed to compensate a child's family for the emotional pain and trauma they endured. These settlements can be difficult to calculate, however a savvy lawyer can negotiate a fair settlement to compensate the child as well as his or her parents for the losses they suffered.

There are also punitive damages, which are designed to punish the at-fault party for their indefensible behavior and discourage others from engaging in similar behavior. They are rare in medical malpractice cases but may be awarded if a jury is convinced that the defendant's actions were particularly reckless or inexplicably reckless.

If you believe your child has suffered an injury related to birth due to the carelessness or negligence of a healthcare professional, it is important to get in touch with an Atlanta birth injury lawyer as quickly as possible. There is a strict deadline known as the statute of limitations within which you can file a birth injury claim, and the lawyer who handles these kinds of claims will be competent to tell you the timeframe you have left.