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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 long-lasting consequences. Our Atlanta birth injury lawyers assist families obtain compensation to cover their medical expenses for the long term and loss of future earnings.

To make a convincing case, we must prove that healthcare professionals failed to adhere to the highest standards of care. We gather evidence using eyewitness accounts, medical experts' opinions, photographs and videos.

Duty of Care

OB-GYN doctors and medical staff are required to provide patients with the standard of medical care. This obligation is derived from the laws governing the healthcare industry as well as the rules and regulations established by medical professionals' professional institutions.

A doctor who fails to meet the standard of care could be held liable for any injuries caused through 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 documents and witness testimony. An Atlanta birth injury lawyer has experience investigating these cases and knows how to gather the required information quickly, while evidence is fresh.

In a Georgia malpractice lawsuit, the plaintiff needs to establish four elements one of which is) that the doctor was under a duty to follow the standard of care,) that the breach occurred,) the breach by the defendant directly triggered injuries and four) damages were caused by the injuries. Each element must be determined by an expert witness. These experts are medical professionals who have extensive experience and knowledge in their area of expertise. A competent birth injury lawyer will have access to a nationwide network of expert witnesses they can call upon to be a witness.

It is not unusual for doctors with good intentions to make mistakes that can harm a child. These errors could be due to 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 required.

The damage that the child suffers is often severe. A compassionate Atlanta birth injury lawyer can help families get the compensation they deserve for all of their troubles and losses. These losses can include medical expenses loss of income, permanent treatment, mental anxiety, and suffering and pain.

The attorneys at Grant Law Office are dedicated to helping those affected by medical malpractice and their families get the financial assistance they require to cover their future medical expenses. This includes hiring experts in the field of medicine and finance to calculate the current and future losses and develop a sound legal strategy for seeking the highest amount of compensation.

Breach of Duty

A duty is a legal obligation that is borne out of the relationship. For example the obligation to pay taxes or not rob. If a medical professional is obligated to you a duty, they have to exercise reasonable care in your best interests. In the event of a medical malpractice lawsuit, failure to meet this standard is referred to as negligence. This is what leads to birth injuries, including cerebral palsy and other birth injury atlanta-related disabilities.

To prove medical malpractice, a 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 breached this duty by acting negligently. The breach must also be linked to the injury that the plaintiff suffered, which requires establishing that the healthcare professional's actions or inaction deviated from what other medical professionals would have done under similar circumstances.

A good example of this is the doctor Atlanta birth injury attorneys who does not order an emergency C-section when the mother and baby are suffering from fetal distress. This is the most typical type of medical malpractice alleged in a birth injury case.

Another type of breach is when medical professionals act recklessly or exhibits poor judgment. Examples include giving the wrong medication or not properly handling the procedure. In a lot of cases, negligence is preventable by medical professionals who are aware of the dangers that could affect a newborn patient.

A successful medical malpractice case can help a family recover financially from a serious birth trauma. Compensation can pay for medical expenses and ongoing therapy, as well as assistive equipment, and other expenses. Our Atlanta birth injury lawyers are available to assist victims receive the compensation they need. The amount you could be entitled to will depend on the severity and impact of your child's injury. 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 assist you in negotiating a fair settlement. If a settlement cannot be reached we will prepare for trial. If you believe that your child's medical provider committed negligence, please contact us now to begin your birth injury claim.

Causation

The process of bringing a birth injury lawsuit against a healthcare provider needs the proof of several legal elements. One of the most important elements is that the medical professional violated their obligation to patients by failing to adhere to an acceptable standard of care in their specialty. Expert testimony is used to establish this element of an action for medical malpractice. Atlanta birth injury attorneys will consult with the top experts in their field to construct an argument that is convincing for their clients.

The next step is to establish the cause in a medical malpractice case. This implies that the negligent acts or inactions directly caused an injury for the patient. This is an additional crucial element and medical experts can prove that the medical professional deviated from the accepted standards of their field and resulted in the victim being injured.

For a medical malpractice claim to succeed the plaintiff must prove that their injuries were legal under Georgia's law. Compensation for medical malpractice damages can be a combination of economic and non-economic damages. Economic damages are awarded to pay for medical expenses, ongoing treatment, loss of quality of life, and loss of wages due time off work. Non-economic damages can be awarded for emotional distress or discomfort, and mental apprehension resulting from the injury.

A experienced Atlanta birth injuries lawyer will review the medical records in order to determine who is accountable for the injuries your child sustained and the ways they could have been prevented. Based on the circumstances the hospital or other healthcare professionals may be responsible for the malpractice.

A dedicated Atlanta birth injury lawyer can assist parents of children born with a severe disability like cerebral palsy, or a serious spinal injury. They can also obtain financial assistance to improve the quality of life for their child and pay future medical expenses. An attorney will be diligent to investigate your situation and file an argument that is persuasive against the responsible parties. They know the science behind these kinds of injuries, the roles that hospital staff and doctors have in them, and the consequences of a mistake can affect the future of your family.

Damages

Medical mistakes can happen regardless of how careful the doctors may be. When they do, the repercussions can be devastating for families. The injuries could change their lives forever, leaving them with a constant need for medical attention and other expenses that will never cease. The damages that are awarded will allow them to pay for these expenses as well as help them recover from other losses.

A family may start a lawsuit for birth injury atlanta injuries to ensure that the healthcare professional is held accountable for the error and to seek financial compensation. The lawyer who handles the case will first gather all relevant information, including medical records. Once they have this information, they will file the lawsuit with the court, naming the hospital and the doctor as defendants. They will then ask for a settlement but there is no guarantee that they will accept one.

A family could be awarded damages for pain and suffering, or non-economic damages in addition to economic damages. These are a way to pay for the emotional trauma and distress that the child and family suffered. Settlements aren't easy to calculate, however a savvy lawyer can try to negotiate an equitable settlement to compensate the child as well as his or her parents for the losses they suffered.

Punitive damages are intended to punish the party who was at fault for their insidious behaviour and deter others from engaging in similar behavior. These damages are uncommon in medical malpractice cases, but they can be awarded when a jury finds that the defendant's conduct was particularly indecent.

If you believe your child has suffered an injury related to birth due to the negligence or carelessness of a healthcare professional, it is important to speak with an Atlanta birth injury lawyer as quickly as possible. There is a time limit known as the statute of limitations, Atlanta birth injury Attorneys within which you have to file a birth injury claim and the lawyer who works on these types of claims would be able to advise you on how much time you have left.