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Birth Injury Lawsuits

When your child is injured during birth as a result of negligence by a medical professional, it can have long-lasting consequences. Our Atlanta birth injury lawyers help families recover compensation to cover their long-term medical needs and future loss of earnings.

To establish a convincing case, we must demonstrate that healthcare professionals did not adhere to the highest standards of medical care. We gather evidence by using eyewitness testimonies, expert medical opinions, photos and videos.

Duty of Care

Medical staff and OB-GYN doctors are required to provide the highest standard of care for their patients. This obligation is derived from the laws that govern the healthcare industry and rules and regulations set by medical professionals' professional institutions.

A physician who fails meet the standards of care can be held liable for any injuries caused due to their negligence. A successful malpractice claim will require a thorough investigation as well as a solid case based on credible evidence such as medical records and eyewitness testimony. A birth injury lawyer in Atlanta is well-versed in investigating these cases and understands how to quickly collect information, while the evidence is still in its infancy.

In a Georgia malpractice case, the plaintiff must prove four elements: 1)) the duty of a doctor to comply with the standards of care; 2)) a breach of this duty occurred;) the defendant's breach directly caused the injury; and 4) the injury resulted in damages. Each element must be established by an expert witness. These experts are medical professionals with years of knowledge of their field and expertise in accepted methods. A competent birth injury lawyer will have experts across the nation who they can use to testify in each case.

Although the majority of birth injuries are the result of medical negligence, it's not uncommon for doctors who are well-meaning to make mistakes and harm a child. These mistakes can include the wrong diagnosis or inability to recognize the signs of stress in the fetus, medication errors, surgery errors, or failure to perform a C-section urgently.

The harm that a child suffers can be devastating. A compassionate Atlanta birth injury lawyer can help these families receive the compensation they deserve for their losses and hardships. These losses can include medical expenses, lost income, lifelong treatment, mental anguish, and pain and suffering.

Grant Law Office is dedicated to helping patients affected by medical malpractice, and their families, get the financial aid they require to cover the future medical bills. This includes hiring financial and medical experts to assess the current and future losses and then putting together a legal strategy to seek maximum compensation.

Breach of Duty

A duty is a legal obligation that arises from a relationship, such as the expectation that you pay your taxes or a duty not to steal. If a medical professional is obligated to you an obligation, they must take reasonable care to protect your best interests. In a medical malpractice case in which they fail to meet this standard is called negligence. This is what causes birth injuries, including cerebral palsy and other birth-related disabilities.

To prove medical malpractice, the plaintiff (in this instance the mother of the child) must show that the healthcare professional owed them a high duty of care and that the healthcare professional breached the duty of care by committing a negligent act. The breach must also be correlated to the injuries sustained by the plaintiff and prove that the healthcare professional's actions or lack of action deviated from what other medical experts would have done in similar circumstances.

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

Another kind of breach occurs when healthcare professionals are reckless or exhibits poor judgment. This could include administering improper medication or handling surgical procedures in a way that is not safe. In many instances medical professionals can avoid negligence by being aware of the risks that could be posed to a patient during pregnancy.

A successful medical malpractice claim can help families financially recover from a severe birth injury. Compensation can cover medical costs, ongoing therapy, assistive equipment, and other losses. Our Atlanta birth injury lawyers are ready to help victims receive the compensation they need. The amount of compensation you could be entitled to depends on the severity and the impact of the injury to your child. Our attorneys will examine your case in detail, gather all the evidence needed and determine the amount you are entitled to in damages. We will then negotiate an acceptable settlement with you. If a settlement cannot be reached we will prepare for trial. If you believe your child's medical provider committed negligence, please contact us now to get started on your birth injury atlanta injury claim.

Causation

A birth injury lawsuit against a healthcare professional requires proving several legal elements. One of the most important elements is that a medical professional failed to meet a reasonable standard in their area of expertise. Expert testimony is used to establish this element of a claim for medical malpractice. Atlanta birth injury attorneys will seek out the top experts in their field to build an argument that is convincing for their clients.

Causation is the next element in a medical malpractice case. This implies that the negligent acts or the failure to act directly resulted in the victim suffering an injury. It is a crucial aspect and expert medical witnesses can prove that the medical professional deviated from the accepted standards of care in their field, which in turn caused the victim to suffer an injury.

In order to prevail in an action for medical malpractice, the plaintiff will also need to prove that their injuries are compensable under Georgia law. Compensation for medical malpractice can include both economic and non-economic damages. Economic damages are typically awarded to cover costs such as medical expenses, rehabilitation of 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 anguish resulting from the injury.

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

If a child of a parent is born with a serious condition, such as cerebral palsy, a serious spinal cord injury, or other physical or mental disability, an experienced Atlanta Birth Injury Lawsuit birth injury lawyer can assist them in obtaining financial assistance to improve their child's quality of life and provide for future medical needs. A lawyer will work diligently to analyze your situation and make an argument that is persuasive against the accountable parties. They know the science behind these injuries, the role hospital staff and doctors play in them, and how mistakes can affect the future of your family.

Damages

Regardless of how well-intentioned doctors are, medical mistakes occur. When they do, the consequences can be devastating to families. Their lives can be forever altered due to the injuries, and they will always need medical care. The compensation they receive can help them pay for these expenses and help them recover from other losses.

A family may bring a lawsuit based on birth injuries to hold a healthcare professional accountable for their error and to receive financial compensation. The lawyer who handles the case will first collect all relevant information including medical records. Once they have all the information they will file the lawsuit with the court with the hospital and the doctor as defendants. Following this, they will seek an amount of settlement, although there is no guarantee they will agree to one.

A family may also be awarded damages for pain and suffering, or non-economic damages, in addition to economic damages. These are intended to cover the emotional trauma and stress that the child and his or family members endured. They aren't easy to determine but a savvy lawyer could seek an equitable settlement for the child's and his or her parents' losses.

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

If you believe your child has suffered a birth-related injury due to the inattention or negligence of a healthcare professional it is essential to get in touch with an Atlanta birth injury lawyer as quickly as you can. There is a strict deadline called the statute of limitations within which you must make a claim for birth injuries, and the lawyer who works on these types of claims will be competent to tell you how long you have left.