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Birth Injury Lawsuits

If your child suffers an injury during birth because of negligence by a medical professional It can have lasting consequences. Our Atlanta birth injury attorneys help families seek compensation for their long-term medical bills and loss of future income.

In order to build a convincing case, we need to demonstrate that healthcare providers failed to maintain a high level of care. We gather evidence using eyewitness accounts, medical experts' opinions, photos and videos.

Duty of Care

OB-GYN physicians and medical staff are required to provide the best quality of care to their patients. This obligation stems from the laws that govern the healthcare industry, and the rules and regulations formulated by medical professionals' professional organizations.

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

In a Georgia malpractice lawsuit, the plaintiff has to establish four elements: 1) the duty of the doctor to adhere to the standards of care; 2) the breach of that duty occurred; 3) the breach of the defendant directly caused the injury and 4) the injury led to damages. Each element must be established by an expert witness. These experts are medical professionals with extensive knowledge of their field and knowledge of accepted methods. A skilled birth injury attorney will have a network of expert witnesses across the country that they can call on to testify in every case.

It is not uncommon for doctors with good intentions to make errors that cause harm to the child. These mistakes could include 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 needed.

The damage that the child suffers is often severe. A compassionate Atlanta birth injury lawyer can assist these families receive the compensation that they are entitled to for all their troubles and losses. These losses could include medical expenses loss of income, permanent treatment, mental anguish and suffering and suffering.

The attorneys at Grant Law Office are dedicated to helping the victims of medical malpractice as well as their families get the financial assistance they require to cover their future medical expenses. This involves hiring medical and financial experts to assess the current and future losses and then putting together a legal strategy to obtain the highest amount of compensation.

Breach of Duty

A duty is a legal obligation that arises out of the relationship. For instance, a duty to pay taxes or not steal. If a medical professional is obligated to you a duty, they have to take reasonable care to protect your best interests. In a lawsuit involving medical malpractice, failing to meet this standard is referred to as negligence. This is what leads to birth injuries, which include cerebral palsy, as well as other birth-related disabilities.

To prove medical malpractice, the plaintiff (in this case the child's mother) must demonstrate that the healthcare provider had a duty of care, and that the healthcare professional breached this duty by acting negligently. The breach must be linked to the injury sustained and the healthcare professional’s actions or inactions must have been different from what other doctors would have done in similar situations.

One example is the doctor who does not order an emergency C-section when the mother and baby are experiencing fetal distress. This is the most typical kind of medical malpractice that's accused in birth injuries.

Another type of breach is when healthcare professionals are reckless or exhibits poor judgment. This could include administering improper medications or ignoring surgical procedures. In a lot of cases it is possible to avoid negligence by medical professionals who are aware of the risks that can affect a birthing patient.

A successful medical malpractice claim can help families financially recover from a serious birth injury. Compensation can be used to cover medical expenses, ongoing therapy, assistive devices and other expenses. Our Atlanta birth injury lawyers are ready to help victims recover the compensation they deserve. The amount of damages you are entitled to depends on the extent and impact of the injury to your child. Our attorneys will thoroughly review your case, gather the required evidence, and then determine what damages you are owed. We will then assist you in negotiating an equitable settlement. If a settlement isn't reached we will prepare for trial. If you believe the medical professional treating your child committed negligence, please contact us now to start your birth injury claim.

Causation

To bring a lawsuit against a healthcare professional for birth injuries, you must establish a number of legal elements. One of the most crucial elements is that the medical professional violated their obligation to patients by not adhering to an acceptable standard of care within their area of expertise. Expert testimony is used to establish this aspect of medical malpractice claims. Atlanta birth injury attorneys will consult the best experts in their field to construct a convincing case for their clients.

The second element of a medical malpractice claim is causation. This means that the negligence or failures to act directly led to an injury to the patient. This is a crucial aspect and expert medical witnesses can prove that the medical professional was deviating 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 be required to prove that the injuries are compensated under Georgia law. Compensation for medical malpractice can include both 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 earnings due to having to take time off work. Non-economic damages are awarded to cover emotional distress, pain and suffering and mental stress due to the injury.

A competent Atlanta birth injury lawyer will review the medical records to determine who was accountable for your child's injuries and will look into how these mistakes could have been prevented. Based 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 or a serious spinal cord injury, or other mental or physical disabilities, an experienced Atlanta birth injury lawyer can help them obtain financial assistance to improve the quality of their child's life and provide for future medical requirements. A lawyer will diligently to analyze your situation and make an argument that is persuasive against the parties responsible. They understand the science behind these injuries, the roles that hospital staff and doctors play in their care, and how a mistake can impact the future of your family.

Damages

Medical errors can happen regardless of how well-intentioned the doctors are. When they do, the results can be devastating to families. Their lives can be forever altered by the injuries, and they will continue to require medical attention. The compensation awarded could aid in the payment of these expenses and also compensate them for other losses.

A family may start a lawsuit for birth injuries to hold a healthcare professional accountable for their mistake and to receive financial compensation. The lawyer who handles the case will first gather all relevant information, including medical records. Once they have collected all the relevant information and have it all, they will bring a lawsuit to court with the hospital and the doctor as defendants. Following this, they will request a settlement amount, though there is no guarantee they will agree to one.

A family could be awarded pain and suffering damages or non-economic damages in addition to economic damages. These are intended to compensate for the emotional trauma and stress that the child and family suffered. They can be a challenge to estimate but a savvy lawyer can try to negotiate a fair settlement for the child's and his or her parents' losses.

There are also punitive damages which are designed to penalize the party at fault for his or her egregious actions and discourage others from engaging in similar actions. These are uncommon in medical malpractice cases but could be awarded if the jury finds that the defendant's actions were particularly egregious or reckless.

If you believe that your child has suffered injuries related to birth because of the carelessness or negligence of a healthcare professional It is crucial to get in touch with an Atlanta birth injury lawyer as quickly as possible. The statute of limitations is the deadline to file your birth injury claim. Your lawyer will be able tell you the amount of time you have left.