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Birth Injury Lawsuits

If your child suffers an injury at birth as a result of negligence by a medical professional It can have lasting consequences. Our Atlanta birth injury lawyers can help families seek compensation to pay for their medical bills for the long-term and future loss of earnings.

To make a convincing argument, we must show that healthcare professionals failed to adhere to the highest standards of medical care. We gather evidence through eyewitness testimony, expert medical opinions, and photographs and videos.

Duty of Care

OB-GYN doctors and medical staff have a duty to provide patients with the standard of medical care. This obligation stems from laws that govern the healthcare industry and rules and regulations set by medical professionals and professional organizations.

A physician who fails to meet the standards of care may be held liable for injuries caused due to their negligence. However, a successful malpractice claim requires a thorough investigation and an argument that is based on evidence that is credible, such as medical records and eyewitness testimony. An Atlanta birth injury lawyer is experienced in investigating these cases and know how to gather all the necessary details quickly, while the evidence is still fresh.

In a Georgia malpractice case, the plaintiff must prove four elements: 1)) the doctor's duty to follow the standard of care; 2) a breach of this duty occurred;) the breach by the defendant directly caused the injury; and four) the injury led to damages. In order to establish each element, they must have an expert witness. These experts are medical professionals who have extensive experience and know-how in their field. A competent birth injury lawyer will have a nationwide network of expert witnesses that they can call upon to testify.

It is not uncommon for doctors with good intentions to make mistakes that can harm a child. These errors can include mistakes in diagnosis, failure to recognize fetal distress, medication errors, surgical errors, or the inability to perform an emergency C-section if necessary.

The harm suffered by the child may be substantial. A compassionate Atlanta birth injury lawyer can help these families receive the compensation they are entitled to for their hardships and losses. These losses can include medical expenses and income loss, the cost of life-long medical and treatment, pain and suffering, and mental stress.

Grant Law Office is dedicated to helping patients affected by medical malpractice, and their families, obtain the financial assistance they need to cover the future medical bills. This involves hiring medical and financial experts to calculate future and atlanta Birth injury Attorneys current losses and develop a legal strategy to seek maximum compensation.

Breach of Duty

A duty is a legal obligation that is borne out of a relationship. For instance, a duty to pay taxes or not steal. When a medical professional owes you an obligation, they must take reasonable care to protect your best interests. In the event of a medical malpractice lawsuit the failure to adhere to this standard can be called negligence. Birth injuries, like cerebral palsy and birth-related disabilities, are caused by this.

To prove medical malpractice, the plaintiff (in this case the child's mother) must show that the healthcare provider was obligated to them with a high standard of care and that the healthcare professional violated this duty by committing negligence. The breach must be linked to the injury sustained and the healthcare professional’s actions or inactions have to differ from what other doctors would have done in similar situations.

A good example of this is the doctor who does not order an emergency C-section when the mother and baby are in distress in the fetus. This is the most typical type of medical malpractice that is accused in birth injuries.

Another type of breach is when a healthcare professional acts recklessly or exhibits poor judgment. Examples of this include administering the wrong medication or mishandling the procedure. In a lot of cases it is possible to avoid negligence if medical professionals are aware of the dangers that can affect a birthing patient.

A successful medical malpractice claim can help families financially recover from a severe birth injury. Compensation can be used to cover medical expenses and ongoing therapy, as well as assistive devices and other losses. Our Atlanta birth injury attorneys are ready to help victims receive the compensation they deserve. The damages you can receive will depend on the severity of your child's injuries as well as the impact they will have on their lives for the next few years. Our attorneys will examine your case with care, collect the evidence required and determine the amount you are entitled to in damages. We will then negotiate an equitable settlement with you. If a settlement is not reached, we will prepare to go to trial. If you believe the medical professional who treated your child was guilty of negligence, contact us today to start your birth injury claim.

Causation

In order to bring a lawsuit against a healthcare professional for birth injury, you must prove several legal elements. One of the most crucial elements is that a medical professional did not to meet a reasonable standard within their area of expertise. Expert testimony is used to establish the basis of a claim for medical malpractice. Atlanta birth injury attorneys will consult with the top experts in their field to create a convincing case for their clients.

Causation is the next element in the medical malpractice case. This implies that the negligent acts or the failure to act directly resulted in the victim suffering an injury. This is another crucial element and medical experts can provide evidence that the medical professional departed from the accepted standards of their field and led to the victim being injured.

To win an action for medical malpractice, the plaintiff will also have to prove that their injuries are legal under Georgia law. Compensation for medical malpractice damages can be a combination of economic and non-economic damages. Economic damages are usually awarded to cover expenses such as medical expenses, rehabilitation, ongoing treatment loss of quality of life and lost wages resulting from taking time off from 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 injury lawsuit birth injury lawyer will examine the medical records in order to determine who is responsible for your child’s injuries and what could have been done to prevent them from being avoided. Depending on the circumstances, the hospital or other healthcare professionals could be accountable for the error.

A dedicated Atlanta birth injury lawyer can help parents of children born with a disability that is severe like cerebral palsy, or severe spinal injuries. They can also obtain financial aid to improve the quality of life for their child and pay for future medical expenses. An attorney will look into your case and file an effective claim against the parties responsible. They are aware of the science behind these injuries, the roles that doctors and hospital staff plays in these accidents, and how errors can impact the future of your family.

Damages

Regardless of how well-intentioned doctors are, medical errors occur. The consequences of medical mistakes can be devastating for families. The injuries can alter their lives forever, leaving them with an ongoing need for medical attention and other expenses that will never end. The compensation they receive can help them pay for those expenses and help them recover from other losses.

A family may bring a birth injury lawsuit to make the healthcare professional accountable for their error and to seek financial compensation. The lawyer handling the case will collect all pertinent information including medical records. Once they have all this information they will file the lawsuit with the court, naming the hospital and doctor as defendants. After that, they'll seek an amount for a settlement, but there is no guarantee that they will agree to a settlement.

In addition to financial damages, a family could be awarded non-economic or pain and suffering damages. These are meant to cover the emotional trauma and stress that the child and her family endured. They can be a challenge to estimate but a savvy lawyer could seek a fair settlement for the child's and his or parents loss.

There are also punitive damages, which are designed to penalize the person at fault for their indefensible behavior and discourage others from engaging in similar actions. These damages are uncommon in medical malpractice cases, however they can be awarded when juries find that the defendant's behavior was especially egregious.

If you believe that your child has suffered a birth-related injury due to the inattention or negligence of a healthcare professional it is essential to get in touch with an Atlanta birth injury lawyer as soon as possible. The statute of limitations is the time limit by which you must file your claim for birth injury. Your lawyer will be able to tell you the amount of time you have left.