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Birth Injury Lawsuits

If your child is injured during birth because of negligence by a medical professional It can have lasting consequences. Our Atlanta birth injury lawsuit birth injury attorneys help families recover compensation for their long-term medical costs and lost future income.

To make a convincing case, we need to demonstrate that healthcare providers did not ensure a high standard of care. We gather evidence by using eyewitness accounts, medical experts' opinions, photos and videos.

Duty of Care

Medical staff and OB-GYN doctors are required to provide the best 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 who fails to meet the standards of care could be held liable for any injuries caused due to their negligence. However an effective malpractice claim requires a thorough investigation as well as a solid case based on credible evidence, including medical documents and eyewitness testimony. A birth injury lawyer in Atlanta is well-versed in the investigation of these cases and knows how to gather information quickly, while the evidence is still in its infancy.

In a Georgia malpractice lawsuit, the plaintiff is required to prove four elements one of which is) that the doctor owed an obligation to adhere to the standard of care,) that there was a breach, 3) the defendant breach directly triggered injuries and 4) damages were triggered by the injuries. In order to establish each element, they must have an expert witness. These experts are medical professionals who have extensive experience and knowledge in their area of expertise. A skilled birth injury lawyer will have a nationwide network of expert witnesses that they can call to provide evidence.

It is not uncommon for doctors with good intentions to make errors that can harm a child. These errors can result in mistakes in diagnosis or failure to recognize the signs of stress in the fetus, medication errors, surgery errors, or failure to perform a C-section in a hurry.

The damage caused by the child can be significant. A caring Atlanta birth injury lawyer can help families receive the compensation they deserve for all of their losses and hardships. These losses could include medical costs, loss of income and the cost of long-term treatment and care as well as pain and suffering and mental anguish.

Grant Law Office is dedicated to helping those affected by medical malpractice, and their families, get the financial aid they require to pay their future medical expenses. This includes bringing in financial and medical experts to calculate their current and future losses and create a solid legal strategy to seek maximum compensation.

Breach of Duty

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

To prove medical malpractice the plaintiff (in this case, the mother of the child) must demonstrate that the healthcare professional owed her an exceptional level of care and that they violated the duty of care in their negligence. The breach must also be connected to the injuries that the plaintiff suffered and prove that the healthcare professional's actions or lack of action differed from what other medical professionals would have done in similar circumstances.

A doctor who fails to order an emergency C-section when both mother and child are in distress is a prime example. This is the most frequent kind of medical malpractice that's alleged in birth injury cases.

Another form of breach occurs when healthcare professionals are reckless or exhibits poor judgment. This could be due to administering incorrect medications or ignoring surgical procedures. In many cases, negligence is preventable when medical professionals are aware of the dangers that can affect a birthing patient.

A successful medical malpractice claim can help a family financially recover from a severe birth injury. Compensation can cover medical costs, ongoing therapy, assistive devices and other losses. Our Atlanta birth injury lawyers are prepared to assist victims receive the compensation they need. The amount of damages you could be entitled to is contingent upon the severity and impact of your child's injury. Our lawyers will analyze your case with care, collect the evidence required, and determine how much you are owed in damages. We will then negotiate an acceptable settlement with you. If a settlement is not reached, we will prepare for trial. Contact us now if you suspect your child's physician did not follow through.

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 the medical professional breached their duty to patients by failing to adhere to an acceptable standard of care within their area of expertise. This element of a medical malpractice claim is proven through expert testimony, and Atlanta birth injury lawyers seek out top experts in their fields to build a strong case for their clients.

The second element of a medical malpractice claim is causation, which means that the negligent actions or inactions resulted in injury to the patient. This is an essential element and expert medical witnesses can prove that the medical professional acted in a manner that was different from the accepted standards of medical care in their area, which caused the victim to suffer an injury.

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

A experienced Atlanta birth injury lawyer will scrutinize the medical records to determine who is accountable for your child’s injuries and how they could have been prevented. Depending on your circumstances the other healthcare professionals or even the hospital itself may be accountable for the malpractice committed by the doctor.

When a person's child is born with a serious condition, such as cerebral palsy, serious spinal cord injury, or any other mental or physical disability, an experienced Atlanta birth injury attorney can help them get financial aid to enhance their child's quality of life and provide for future medical needs. A lawyer will examine your case and file an argument that is convincing against the accountable parties. They are aware of the science behind these kinds of injuries, the roles that doctors and hospital staff play in them and how the consequences of a mishap can impact your family's future.

Damages

No matter how well-intentioned doctors are, medical mistakes occur. The consequences of medical errors can be devastating for families. The injuries may alter their lives forever and leave them with a constant need for medical care and other expenses that will never go away. The compensation awarded could help pay for these expenses and compensate them for their other losses.

A family could start a lawsuit for birth injuries to make the healthcare professional accountable for his or her mistake and to seek the financial compensation. The lawyer handling the case will first gather all relevant information including medical records. Once they have gathered all the information, they will present a lawsuit in court, naming both the doctor and the hospital as defendants. Following this, they will request a settlement amount, though there is no guarantee they will accept one.

A family could be awarded damages for pain and suffering or non-economic damages in addition economic damages. These are meant to pay for the emotional trauma and stress that the child and her family endured. These aren't easy to determine however, a skilled attorney could try to obtain a fair settlement for the child's as well as his or her parents loss.

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

If you suspect that your child has suffered an injury related to birth due to the negligence or carelessness of medical professionals, it is important to get in touch with an Atlanta birth injury lawyer as soon as you can. There is a time limit called the statute of limitations within which you can submit a birth injury claim, and the lawyer who handles these types of claims would be competent to tell you how much time you have left.