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Birth Injury Lawsuits

When your child suffers 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 obtain compensation to cover their long-term medical needs and future loss of earnings.

To build a strong case, we must demonstrate that healthcare professionals failed to maintain the highest standards of medical care. We gather evidence by using eyewitness accounts, medical experts' opinions, photographs and videos.

Duty of Care

Medical staff and doctors who treat OB-GYN patients are obliged to provide patients with the standard of care. This obligation is derived from the laws governing the healthcare industry and rules and regulations set by medical professionals professional organizations.

A doctor who fails to meet the standards of care could be held accountable for injuries caused through their negligence. However, a successful malpractice claim requires a thorough investigation as well as an argument that is based on evidence that is credible, such as medical records and witness testimony. An Atlanta birth injury lawyer is experienced in investigating these cases and know how to gather the required information quickly, while evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff needs to establish four elements: 1) that the doctor was under an obligation to adhere to the standard of care, 2)) that the breach occurred,) the breach by the defendant directly caused the injuries, and four) damages were caused by the injuries. The determination of each of these elements requires an expert witness. They are medical professionals who have extensive experience in their field and knowledge of accepted practices. A qualified birth injury lawyer will have access to a nationwide network of expert witnesses they can rely on to be a witness.

While most birth injuries result of medical negligence, it's not uncommon for doctors who are well-meaning to make mistakes and harm children. These mistakes could include misdiagnosis or failure to detect the presence of fetal stress, medication errors, surgery mistakes, or inability to perform a C-section in a hurry.

The harm that a child suffers is often severe. A compassionate Atlanta birth injury lawyer can help these families receive the compensation that they are entitled to for all their difficulties and losses. These losses can include medical expenses as well as loss of income, the cost of life-long medical treatment and care, pain and suffering, and mental anguish.

The lawyers at Grant Law Office are dedicated to helping victims of medical malpractice and their families get the financial assistance they need to cover their future medical expenses. This includes bringing in medical and financial experts to assess future and current losses and to develop a legal plan to seek maximum compensation.

Breach of Duty

A duty is an obligation that arises from an existing relationship. For example the obligation to pay taxes or not steal. 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 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 instance the mother of the child) must demonstrate that the healthcare professional was obligated to provide an exceptional level of care, and that they breached that duty by acting negligently. The breach has to be tied to the harm suffered and the healthcare professional’s actions or inactions have to be different from what other doctors would have done in similar situations.

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 common form of medical malpractice that's accused in birth injuries.

Another form of breach occurs when healthcare professionals are reckless or displays poor judgment. This could be due to administering incorrect medications or ignoring surgical procedures. In many cases, atlanta birth Injury attorneys medical professionals can prevent from committing a mistake by being aware the risks that could be posed to pregnant women.

A successful medical malpractice claim can aid a family financially to recover from a severe birth injury. Compensation can cover medical expenses and ongoing therapy, as well as assistive devices, Atlanta birth injury attorneys and other losses. Our Atlanta birth injury lawyers are ready to help victims receive the compensation they deserve. The amount of compensation you are entitled to is contingent upon the severity and the impact of the injury to your child. Our lawyers will analyze your case carefully, gather the required evidence, and determine how much you are owed in damages. We will then negotiate an equitable settlement with you. If a settlement cannot be reached, we will prepare for trial. Contact us today if you suspect your child's physician did not follow through.

Causation

In order to bring a lawsuit against a healthcare professional over a birth injury, you must demonstrate a variety of legal aspects. One of the most important elements is that a medical professional did not to adhere to a reasonable standard in their field of expertise. Expert evidence is used to prove the basis of medical malpractice claims. Atlanta birth injury attorneys will consult with the top experts in their field to create an argument that is convincing for their clients.

The next step is to establish the cause in a medical malpractice case. This means that the negligent actions or the failure to act directly caused an injury for the patient. Again, this is an essential element and expert medical witnesses can be able to prove that the medical professional deviated from the accepted standards of medical practice in their area, which caused the victim to suffer an injury.

In order for a claim based on medical malpractice to be successful, the plaintiff must also demonstrate that their injuries were legal under Georgia's law. Compensation for medical malpractice could comprise both economic and other damages. Economic damages are usually granted to cover costs like rehabilitation, medical expenses and ongoing treatment and loss of quality of life, and lost wages resulting from taking time off from work. Non-economic damages are awarded for emotional distress or discomfort, and mental anguish resulting from the injury.

A competent Atlanta birth injury lawyer will scrutinize the medical records in order to determine who is responsible for your child’s injuries and the ways they could have been avoided. Depending on the circumstances, the hospital or other healthcare professionals may be accountable for the negligence.

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, a dedicated Atlanta birth injury attorney can help them get financial support to improve the quality of their child's life and provide for future medical needs. A lawyer will investigate your case and file an effective claim against the parties responsible. They understand the science behind these types of injuries, the roles doctors and hospital staff have in them, and the consequences of a mishap can affect the future of your family.

Damages

Medical errors can occur regardless of how careful the medical professionals may be. If they do, the repercussions can be devastating to families. Their lives can be forever changed due to the injuries, and they will always need medical care. The damages awarded will help them pay for these expenses as well as pay for other losses.

A family can start a lawsuit for birth injury to hold a healthcare professional accountable for their mistake and to recover financial compensation. The lawyer who handles the case will first collect all relevant information, including medical records. Once they have collected all the information, they will file a lawsuit in court with the hospital and the doctor as defendants. They can then ask for a settlement, but there is no guarantee they will accept one.

A family may be awarded damages for pain and suffering or non-economic damages in addition to economic damages. These damages are meant to compensate the family of a child for the emotional distress and trauma they suffered. They can be difficult to calculate, but a skilled lawyer can try to negotiate a fair settlement for the child's as well as his or her parents the losses.

There are also punitive damages, that are intended to punish the party at fault for their indefensible conduct and deter others from engaging in similar actions. These are uncommon in medical malpractice cases, however they may be awarded if a jury finds that the defendant's actions were particularly egregious or reckless.

If you suspect that your child has suffered an injury related to birth due to the negligence or carelessness of a healthcare professional it is essential to speak with an Atlanta birth injury lawyer as quickly as possible. The statute of limitations is the deadline by which you must file your claim for birth injury. Your lawyer will be able to tell you the amount of time you still have.