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Birth Injury Lawsuits

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

In order to build a strong case we must show that healthcare providers failed to keep up with the highest standards of care. We gather evidence using eyewitness testimonies, expert medical opinions, photographs and videos.

Duty of Care

The OB-GYN medical staff and doctors are required to provide the best quality of care to their patients. This obligation is derived from the laws that regulate the healthcare industry and the rules and regulations established by medical professionals' professional associations.

A doctor can be held liable for injuries caused by negligence if they fail meet the standard. However, a successful malpractice claim requires a thorough investigation and a strong case built on credible evidence, including medical records and eyewitness testimony. An Atlanta Birth Injury Lawsuit (Writeablog.Net) birth injury lawyer has experience investigating these cases and know how to gather the necessary details quickly, while the evidence is fresh.

In a Georgia malpractice lawsuit, the plaintiff has to establish four elements that include: 1)) that the doctor had obligation to observe the standard of care,) that a breach occurred, 3) the breach by the defendant directly caused the injuries, and four) damages were triggered by the injuries. Each of these elements must be proven by an expert witness. They are medical professionals who have extensive experience and know-how in their area of expertise. A qualified birth injury attorney has an extensive network of expert witnesses across the nation who they can use to testify in every case.

It is not unusual for doctors with good intentions to make mistakes that can harm the child. These errors could be due to misdiagnosis, failure to detect the signs of distress in the fetus, medication errors, surgical errors, or the inability to perform an emergency C-section when needed.

Often, the damage suffered by the child may be severe. A caring Atlanta birth injury attorney can assist families to receive the compensation they are entitled to for their losses and hardships. These losses could include medical expenses as well as lost income, lifelong treatment, mental anguish, and suffering and pain.

Grant Law Office is dedicated to helping victims of medical malpractice, and their families, obtain the financial support they need to cover their future medical expenses. This includes enlisting experts in the field of medicine and finance to calculate their current and future losses and create a solid legal strategy for seeking the highest amount of compensation.

Breach of Duty

A duty is an obligation imposed by law that results from a relationship, such as an expectation that you will pay your taxes or a duty not to rob. A medical professional who owes a duty to you must act in your best interest. In a medical malpractice lawsuit in which they fail to meet this standard is referred to as negligence. This is what leads to birth injuries, including cerebral palsy, as well as other birth-related disabilities.

To prove medical malpractice, a plaintiff (in this case the child's mother) must show that the healthcare provider owed them a high duty of care and that the healthcare professional breached this duty by acting negligently. The breach must also be connected to the injury sustained by the plaintiff, which requires establishing that the healthcare professional's actions or inaction deviated from what other medical professionals would have done in similar circumstances.

One example of this is a doctor who fails to call for an emergency C-section even though the mother and baby are experiencing distress in the fetus. This is the most common form of medical malpractice that's alleged in birth injuries.

Healthcare professionals can also be in breach if they are reckless or display poor judgment. This could include administering improper medication or mishandling surgical procedures. In many cases medical professionals can avoid mistakes by being aware of the risks that could be posed to a patient during pregnancy.

A successful medical malpractice case can aid a family in recovering financially from a devastating birth trauma. Compensation can pay for medical expenses as well as ongoing therapy, assistive equipment, and other losses. Our Atlanta birth injury lawyers are ready to assist victims in obtaining the compensation they are entitled to. The amount you are entitled to depends on the severity and impact of the injury to your child. Our attorneys will examine your case in detail, gather the required evidence and determine the amount you are owed in damages. We will then assist you in negotiating a fair settlement. If no settlement is reached, we will then prepare for trial. Contact us today if you think your child's doctor has committed negligence.

Causation

In order to bring a lawsuit against a healthcare professional over a birth injury, you need to prove several legal elements. One of the most important elements is that the medical professional violated their obligation to patients by not adhering to the appropriate standard of care within their field of expertise. Expert evidence is used to prove this aspect of an action for medical malpractice. Atlanta birth injury attorneys will consult the best experts in their field to create a convincing case for their clients.

The second aspect of a claim for Atlanta birth injury lawsuit medical malpractice is causation, meaning that the negligent act or failures to act directly caused injury to the patient. This is another crucial element, and expert medical witnesses can prove that the medical professional strayed from the accepted standards of their field and caused the victim to be injured.

In order to prevail in an action for medical malpractice, the plaintiff will also be required to prove that the injuries are legal under Georgia law. Compensation for medical malpractice damages may comprise both economic and other damages. Economic damages are awarded to pay for medical expenses, ongoing treatment, loss in quality of life and lost earnings due to time off from work. Non-economic damages may be awarded for emotional distress as well as pain and discomfort and mental anguish that results from the injury.

A competent Atlanta birth injuries lawyer will scrutinize the medical records in order to determine who is responsible for the injuries suffered by your child and how they could have been avoided. Based on the circumstances medical professionals, other healthcare professionals, or even the hospital itself could be accountable for the medical malpractice.

If a child is born with a serious condition such as cerebral palsy, serious spinal cord injury or other physical or mental disability, an experienced Atlanta birth injury attorney can help them get financial assistance to enhance their child's quality of life and provide for future medical requirements. An attorney will be diligent to investigate your situation and make an argument that is persuasive against the responsible parties. They understand the science behind these kinds of injuries, the roles doctors and hospital personnel are involved in, and the consequences of a mishap could affect your family's future.

Damages

Regardless of how well-intentioned doctors are, medical mistakes occur. When they do, the consequences can be devastating to families. The injuries may alter their lives forever, leaving them with a constant need for medical care and other expenses that will never end. The damages awarded can help them pay for those expenses and compensate for their other losses.

A family may bring a birth injury lawsuit to make the healthcare professional accountable for his or her mistake and seek financial compensation. The lawyer handling the case will first gather all relevant information, including medical records. Once they have this information they will file the lawsuit with the court with the hospital and doctor as defendants. They will then ask for an agreement but there is no guarantee they will agree to one.

In addition to the economic damages, families may be awarded non-economic or pain and suffering damages. These damages are meant to compensate a child's family for the emotional distress and trauma they suffered. These aren't easy to determine however, a skilled lawyer could seek an equitable settlement for the child's and his or her parents the losses.

Punitive damages are meant to penalize the party who was at fault for their insidious behavior and deter others from engaging in similar conduct. These damages are uncommon in medical malpractice cases, however they may be awarded if the jury determines that the defendant's behavior was especially egregious.

If you suspect that your child has suffered a birth-related injury due to the carelessness or negligence of the healthcare professional it is essential to get in touch with an Atlanta birth injury lawyer as soon as possible. There is a time limit called the statute of limitations within which you can file a birth injury atlanta injury claim and the lawyer who works on these types of claims will be in a position to inform you of the timeframe you have left.