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Birth Injury Lawsuits

If your child sustains a serious injury at birth due to medical negligence, the consequences can last a lifetime. Our Atlanta birth injury lawyers help families obtain compensation to cover their medical expenses for the long term and loss of future earnings.

To build a strong case, we must demonstrate that healthcare professionals failed to adhere to a high standard of care. We gather evidence from eyewitness testimony as well as expert medical opinions as well as photographs and videos.

Duty of Care

The OB-GYN medical staff and doctors are required to provide the highest standard of care for their patients. This obligation stems from the laws that govern the healthcare industry, and the rules and regulations set by medical professional associations.

A doctor could be held liable for the harm caused by negligence if they fail to adhere to the standard. However, a successful malpractice claim requires a thorough investigation and a strong case built on evidence that is credible, such as medical documents and eyewitness testimony. A birth injury lawyer in Atlanta is well-versed in investigating these cases and understands how to quickly collect information while the evidence is still in its infancy.

In a Georgia malpractice lawsuit, the plaintiff has to establish four elements that include: 1)) that the doctor had a duty to follow the standard of care, 2)) that a breach occurred, 3) the breach of the defendant directly caused the injuries, and four) damages were caused by the injuries. In order to establish each element, they must have an expert witness. They are medical professionals with extensive experience and knowledge in their area of expertise. A competent birth injury lawyer has a network of expert witnesses across the nation who they can use to testify in every case.

It is not unusual for doctors with good intentions to make errors that cause harm to the child. These mistakes can include the wrong diagnosis or inability to recognize the presence of fetal stress or medication errors, surgical mistakes, or inability to perform a C-section in a hurry.

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

Grant Law Office is dedicated to helping victims of medical malpractice, and their families, obtain the financial aid they require to pay their medical bills in the future. This includes hiring financial and medical experts to assess future and current losses and develop a legal strategy to pursue the maximum amount of compensation.

Breach of Duty

A duty is an obligation that arises from the relationship. For example it is a duty to pay taxes or not rob. When a medical professional owes you an obligation, they must exercise reasonable care in your best interests. In a medical malpractice case failing to meet this standard can be called negligence. This is the reason for birth injuries, which include cerebral palsy and other birth-related disabilities.

To prove medical malpractice the plaintiff (in this case the mother of the child) must prove that the healthcare professional was responsible for a high standard of care, and that they acted in breach of that duty in their negligence. The breach has to be tied to the harm suffered and the healthcare professional's actions or inactions should differ from what other doctors would have done in similar circumstances.

One example of this is the failure of a doctor to call for an emergency C-section even though the mother and Atlanta birth injury Attorneys baby are experiencing distress in the fetus. This is the most typical kind of medical malpractice that is alleged in a birth injury lawsuit.

A healthcare professional may also be guilty of a breach if they are reckless or display poor judgment. Examples of this include administering the wrong medication or ignoring a surgical procedure. In many instances it is possible to avoid negligence by medical professionals who are aware of the risks that could affect a pregnant patient.

A successful medical malpractice case can help a family recover financially from a devastating birth trauma. Compensation could cover the cost of medical treatment as well as ongoing therapy, assistive devices and other expenses. Our Atlanta birth injury lawyers are ready to help victims recover the compensation they deserve. The amount you will receive will depend on the severity of your child's injuries and the impact they will have on their lives for the next few years. Our attorneys will examine your case carefully, gather the required evidence and determine the amount you are owed in damages. We will then assist you in negotiating an acceptable settlement. If a settlement cannot be agreed upon, we will prepare for trial. Contact us today if believe your child's doctor did not follow through.

Causation

A birth injury lawsuit against a healthcare provider needs the proof of several legal elements. One of the most important elements is that a medical professional failed to meet a reasonable standard in their field of expertise. Expert evidence is used to prove this element of medical malpractice claims. Atlanta birth injury attorneys will consult the best experts in their field to create an argument that is convincing for their clients.

Causation is the second element in a medical malpractice case. This implies that the negligent acts or the failure to act directly resulted in injuries to the patient. This is a crucial aspect, and expert medical witnesses can provide evidence that the medical professional strayed from the accepted norms in their field that led to the victim being injured.

In order for a medical malpractice claim to be successful the plaintiff must show that their injuries are legal under Georgia's law. The compensation for medical malpractice may include both economic and non-economic damages. Economic damages are typically granted to cover costs like rehabilitation costs, medical expenses and ongoing treatment, loss of quality of life and lost earnings due to having to take time off from work. Non-economic damages may be awarded for emotional distress or discomfort, and mental anguish resulting from the injury.

A skilled Atlanta birth injury lawyer will examine the medical records to determine who is accountable for the injuries suffered by your child and how they could have been prevented. Based on the circumstances medical professionals, other healthcare professionals, or even the hospital itself could be held accountable for the medical malpractice.

When a person's child is born with a serious condition, such as cerebral palsy or a serious spinal cord injury or other physical or mental disability, an experienced Atlanta birth injury attorney can assist them in obtaining financial aid to improve their child's quality of life and provide for future medical requirements. A lawyer will investigate your case and file an argument that is convincing against the parties responsible. They understand the research behind these injuries, the role that hospital staff and doctors play in them, and how mistakes can affect the future of your family.

Damages

Regardless of how well-intentioned doctors are, medical errors happen. When they do, the consequences could be devastating for families. The injuries may alter their lives for the rest of their lives leaving them with a constant need for medical attention and other costs that will never go away. The compensation awarded could assist in paying for these costs and compensate them for their other losses.

A family could start a lawsuit for birth injuries to ensure that the healthcare professional is held accountable for his or her mistake and seek financial compensation. The lawyer handling the case will gather all relevant information including medical records. After they have gathered all the relevant information and have it all, they will file a lawsuit in court and name both the doctor and the hospital as defendants. They will then ask for an agreement but there is no guarantee that they will agree to one.

In addition to economic damages, families may be awarded non-economic or pain and suffering damages. These are intended to pay for the emotional trauma and stress that the child and his or her family endured. Settlements aren't easy to calculate, however a savvy lawyer can try to negotiate an appropriate settlement that compensates the child and/or parents for their losses.

There are also punitive damages, which are designed to punish the at-fault party for his or her egregious conduct and deter others from engaging in similar conduct. These damages are not common in medical malpractice cases, however they can be awarded when juries find that the defendant's conduct was especially egregious.

If your child sustained an injury to their birth because of the negligence of a medical professional, you should to consult a specialized atlanta birth injury attorneys birth injury attorney as soon as possible. There is a time limit, known as the statute of limitations within which you must submit a birth injury claim and the lawyer who handles these types of claims would be competent to tell you how long you have left.