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Birth Injury Lawsuits

If your child sustains an injury that is serious in the birth due to medical negligence, the repercussions could be a long-lasting issue. Our Atlanta birth injury lawyers help families seek compensation for their long-term medical expenses and future loss of income.

To make a convincing case, we must prove that healthcare professionals did not adhere to the highest standards of care. We gather evidence using eyewitness testimonies, expert medical opinions, photographs and videos.

Duty of Care

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

A doctor could be held accountable for any injuries resulting from negligence if they fail meet the standards. A successful malpractice claim will require a thorough investigation, and a convincing case based on credible evidence like medical documents and eyewitness testimony. A birth injury lawyer in Atlanta is experienced in the investigation of these cases and knows how to gather information quickly, while the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff has to establish four elements: 1) that the doctor had obligation to observe the standard of care, 2) that there was a breach, 3) the breach by the defendant directly caused the injuries and four) damages were triggered by the injuries. Each element must be established by an expert witness. These experts are medical professionals who have extensive experience and knowledge in their field. A skilled birth injury lawyer will have a nationwide network of expert witnesses they can call upon to testify.

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

The damage that the child suffers can be severe. A compassionate Atlanta birth injury lawyer can help these families receive the compensation they are entitled to for all their troubles and losses. These losses can include medical expenses, lost income, lifelong treatment, mental anxiety, and pain and suffering.

Grant Law Office is dedicated to helping patients affected by medical malpractice, as well as their families, receive the financial support they need to cover their medical bills in the future. This includes bringing in experts in the field of medicine and finance to assess the current and future losses and devise a sound legal strategy to seek the maximum amount of compensation.

Breach of Duty

A duty is a legal obligation that arises from an existing relationship. For example it is a duty to pay taxes or not rob. If a medical professional owes you a duty, they must use reasonable care to safeguard your best interests. In a lawsuit involving medical malpractice in which they fail to meet 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 child's mother) must show that the healthcare provider owed them a high duty of care and that the healthcare professional violated this duty by committing negligence. The breach must be connected to the harm suffered, which means that the healthcare professional's actions or inactions should have been different from what other doctors would have done in similar circumstances.

One example of this is a doctor who fails to call for an emergency C-section even though the mother and baby are experiencing fetal distress. This is the most frequent type of medical malpractice that's being alleged in birth injury cases.

Another kind of breach occurs when a healthcare professional acts recklessly or exhibits poor judgment. Examples of this include putting in the wrong medication or mishandling an operation. In many instances, medical professionals can prevent mistakes by being aware of the risks that could be posed to pregnant women.

A successful medical malpractice case can help a family recover financially from a severe birth trauma. Compensation can cover medical costs as well as ongoing therapy, assistive equipment, and many other losses. Our Atlanta birth injury attorneys are available to assist victims receive the compensation they deserve. The amount you could be entitled to will depend on the severity and impact of your child's injury. Our lawyers will carefully review your case, gather the required evidence, and then determine what compensation you are owed. We will then work with you to negotiate an equitable settlement. If no settlement is reached, we will then prepare for trial. If you believe that your child's medical provider committed negligence, contact us today to start your birth injury claim.

Causation

To bring a lawsuit against a healthcare professional over a birth injury, you must demonstrate a variety of legal aspects. One of the most crucial elements is that the medical professional failed to meet a reasonable standard within their field of expertise. This element of a medical malpractice case is proven through expert testimony, and Atlanta Birth Injury Lawsuit birth injury lawyers will employ top experts in their fields to develop a convincing case for their clients.

The next element of a medical malpractice claim is causation. This means that the negligent act or failures to act directly led to an injury to the patient. This is an additional crucial element, and expert medical witnesses can prove that the medical professional deviated from the accepted norms in their field that caused the victim to be injured.

In order for a medical malpractice claim to be successful, the plaintiff must also show that their injuries are legally compensable under Georgia's law. The compensation for medical malpractice can be a combination of economic and non-economic damages. Economic damages are usually awarded to cover costs such as rehabilitation costs, medical expenses of ongoing treatment, loss of quality of life, and lost earnings due to having to take time off from work. Non-economic damages can be awarded to cover emotional suffering, distress, and mental anguish related to the injury.

A skilled Atlanta birth injury lawyer will scrutinize the medical records to determine who is accountable for the injuries your child sustained and what could have been done to prevent them from being avoided. Based on the circumstances medical professionals, other healthcare professionals, or even the hospital itself may be held accountable for the medical malpractice.

A dedicated Atlanta birth injury lawyer can aid parents who have a child born with a serious disability like cerebral palsy, or an injury to the spine that is serious. They can also seek financial aid to improve the quality of life of their child and pay future medical expenses. A lawyer will examine your case and file a strong claim against the parties responsible. They know the science behind these types of injuries, the roles doctors and hospital staff have in them, and the consequences of a mishap could affect your family's future.

Damages

Whatever the best intentions of doctors are, medical errors happen. When they do, the consequences can be devastating to families. The injuries could alter their lives forever and leave them with an ongoing need for medical treatment and other expenses that will never end. The compensation awarded could assist in paying for these costs and also compensate them for other losses.

A family can file a lawsuit for birth injuries to hold a medical professional accountable for their error and to recover financial compensation. The lawyer handling the case will first collect all relevant information including medical records. Once they have collected all the relevant information they will file a lawsuit in court, naming both the hospital and the doctor as defendants. They will then ask for a settlement however there is no guarantee they will accept one.

In addition to financial damages, a family could be awarded non-economic or pain and suffering damages. These are intended to pay for the emotional trauma and suffering that the child and his or family suffered. These aren't easy to determine, but a skilled lawyer could seek an equitable settlement for the child's as well as his or her parents the losses.

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

If your child has suffered a birth injury because of the negligence of a medical professional, you may want to contact a dedicated Atlanta birth injury attorney as soon as you can. There is a time limit, known as the statute of limitations, within which you have to file a birth injury claim and the attorney who works on these types of claims will be in a position to inform you of how long you have left.